HOUSE BILL NO. 115

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Daily Data Tracking History



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.
      Speaker
      NAYS -- None
      Absent and excused -- Barrett, Bieter, Collins, Eberle, Jones, Rydalch,
      Wood
    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
         Effective: 03/11/03

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS12564
                                
                                
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.






                         FISCAL IMPACT
                                
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
                      Association
           


                                                                                                              H 115
                                                       STATEMENT OF PURPOSE/FISCAL NOTE