HOUSE BILL NO. 115
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H0115...................................by JUDICIARY, RULES AND ADMINISTRATION
PRISONERS - SEXUAL CONTACT - Amends existing law to revise the definition of
sexual contact in the crime of sexual contact with a prisoner.
01/24 House intro - 1st rdg - to printing
01/27 Rpt prt - to Jud
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 63-0-7
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy, Deal, Denney,
Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,
Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford,
Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Sali, Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr.
NAYS -- None
Absent and excused -- Barrett, Bieter, Collins, Eberle, Jones, Rydalch,
Floor Sponsor - Ring
Title apvd - to Senate
02/17 Senate intro - 1st rdg - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Inram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Darrington
Title apvd - to House
03/04 To enrol
03/05 Rpt enrol - Sp signed
03/06 Pres signed
03/07 To Governor
03/11 Governor signed
Session Law Chapter 37
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 115
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE CRIME OF SEXUAL CONTACT WITH A PRISONER; AMENDING SECTION
3 18-6110, IDAHO CODE, TO ADD MANUAL-ANAL AND MANUAL-GENITAL TO THE DEFINI-
4 TION OF SEXUAL CONTACT; AND DECLARING AN EMERGENCY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-6110, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-6110. SEXUAL CONTACT WITH A PRISONER. It is a felony for any officer,
9 employee or agent of a state, local or private correctional facility, as those
10 terms are defined in section 18-101A, Idaho Code, to have sexual contact with
11 a prisoner, whether an in-state or out-of-state prisoner, as those terms are
12 defined in section 18-101A, Idaho Code, housed in such facility. For the pur-
13 poses of this section "sexual contact" means sexual intercourse, genital-
14 genital, manual-anal, manual-genital, oral-genital, anal-genital or oral-anal,
15 between persons of the same or opposite sex.
16 Any person found guilty of sexual contact with a prisoner is punishable by
17 imprisonment in the state prison for a term not to exceed life.
18 SECTION 2. An emergency existing therefor, which emergency is hereby
19 declared to exist, this act shall be in full force and effect on and after its
20 passage and approval.
STATEMENT OF PURPOSE
The purpose of this bill is to close a loophole currently
existing in Idaho law regarding sexual contact between a jailor
or correctional officer and a prisoner. The law currently
criminalizes various kinds of sexual contact but does not
criminalize manual manipulation. Unfortunately, there have been
several instances where jailors have engaged in this sort of
conduct in the past.
There is an indirect fiscal impact to the bill, in that,
it is possible that there may be a few additional felony
prosecutions which will result in prison sentences.
CONTACT: Michael J. Kane (Phone: 342-4545) Idaho Sheriffs
STATEMENT OF PURPOSE/FISCAL NOTE