HOUSE BILL NO. 727

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Bill Status



H0727..........................................................by EDUCATION
SEX OFFENDERS - Adds to and amends existing law to provide prohibited
employment locations and prohibited behavior of adult sex offenders and
owners and operators of day care facilities; to provide prohibited
employment locations and prohibited behavior of juvenile sex offenders and
owners and operators of day care facilities; to provide penalties; to waive
Juvenile Corrections Act jurisdiction over certain juvenile sex offenders;
to provide notification to sex offenders and juvenile sex offenders of
prohibited conduct; and to provide for judicial relief for adult or
juvenile sex offenders of certain employment prohibitions.
                                                                        
02/18    House intro - 1st rdg - to printing
02/19    Rpt prt - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 61-0-9
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Deal,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
      Meyer, Miller, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Shepherd,
      Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood
      NAYS -- None
      Absent and excused -- Bradford, Crow, Cuddy, Jones, Mitchell, Sali,
      Schaefer, Smith(24), Mr. Speaker
    Floor Sponsor - Rydalch
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 32-1-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner,
      Sweet, Werk, Williams
      NAYS -- Burkett
      Absent and excused -- Noble, Stennett
    Floor Sponsor - Sweet
    Title apvd - to House
03/18    To enrol - Rpt enrol - Sp signed
03/19    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 270
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 727
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ADULT AND JUVENILE SEX OFFENDERS; AMENDING CHAPTER 83,  TITLE  18,
  3        IDAHO  CODE, BY THE ADDITION OF A NEW SECTION 18-8327, IDAHO CODE, TO PRO-
  4        VIDE  PROHIBITED  EMPLOYMENT LOCATIONS AND PROHIBITED  BEHAVIOR  OF  ADULT
  5        SEX  OFFENDERS AND OWNERS AND OPERATORS OF DAY CARES AND TO PROVIDE PENAL-
  6        TIES; AMENDING CHAPTER 84, TITLE 18, IDAHO CODE, BY THE ADDITION OF A  NEW
  7        SECTION  18-8414,  IDAHO  CODE, TO PROVIDE PROHIBITED EMPLOYMENT LOCATIONS
  8        AND PROHIBITED BEHAVIOR OF A JUVENILE SEX OFFENDER AND OWNERS  AND  OPERA-
  9        TORS OF DAY CARES AND TO PROVIDE PENALTIES; AMENDING SECTION 20-505, IDAHO
 10        CODE, TO WAIVE JUVENILE CORRECTIONS ACT JURISDICTION OVER CERTAIN JUVENILE
 11        SEX  OFFENDERS; AMENDING SECTION 18-8307, IDAHO CODE, TO PROVIDE FOR NOTI-
 12        FICATION TO SEX OFFENDERS OF PROHIBITED CONDUCT; AMENDING SECTION 18-8407,
 13        IDAHO CODE, TO PROVIDE FOR NOTIFICATION TO JUVENILE SEX OFFENDERS OF  PRO-
 14        HIBITED  CONDUCT;  AND  AMENDING  CHAPTER 83, TITLE 18, IDAHO CODE, BY THE
 15        ADDITION OF A NEW SECTION 18-8328, IDAHO CODE,  TO  PROVIDE  FOR  JUDICIAL
 16        RELIEF FOR ADULT OR JUVENILE SEX OFFENDERS.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION  1.  That  Chapter  83,  Title 18, Idaho Code, be, and the same is
 19    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 20    ignated as Section 18-8327, Idaho Code, and to read as follows:
                                                                        
 21        18-8327.  ADULT CRIMINAL SEX OFFENDER -- PROHIBITED EMPLOYMENT. (1) Except
 22    as  provided in section 18-8328, Idaho Code, it is a felony for any person to:
 23    apply for or to accept employment at a day care center, group day care  facil-
 24    ity  or  family day care home; or to be upon or to remain on the premises of a
 25    day care center, group day care facility or family day care home  while  chil-
 26    dren  are  present,  other  than  to drop off or pick up the person's child or
 27    children  if the person is currently registered or  is  required  to  register
 28    under  the  sex offender registration act as provided in chapter 83, title 18,
 29    Idaho Code.
 30        (2)  The owner or operator of any day care center, group day care facility
 31    or family day care home who  knowingly  employs  a  person  or  who  knowingly
 32    accepts volunteer services from a person, which person is currently registered
 33    or is required to register under the sex offender registration act as provided
 34    in chapter 83, title 18, Idaho Code, to work in the day care center, group day
 35    care  facility or family day care home is guilty of a misdemeanor unless judi-
 36    cial relief has been granted pursuant to section 18-8328, Idaho Code.
                                                                        
 37        SECTION 2.  That Chapter 84, Title 18, Idaho Code, be,  and  the  same  is
 38    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 39    ignated as Section 18-8414, Idaho Code, and to read as follows:
                                                                        
 40        18-8414.  JUVENILE SEX OFFENDER -- PROHIBITED EMPLOYMENT.  (1)  Except  as
 41    provided  in  section  18-8328,  Idaho Code, it is a felony for any person to:
                                                                        
                                           2
                                                                        
  1    apply for or to accept employment at a day care center, group day care  facil-
  2    ity  or  family day care home; or to be upon or to remain on the premises of a
  3    day care center, group day care facility or family day care home  while  chil-
  4    dren  are  present,  other  than  to drop off or pick up the person's child or
  5    children if the person is currently registered  or  is  required  to  register
  6    under  the  juvenile  sex offender registration act as provided in chapter 84,
  7    title 18, Idaho Code.
  8        (2)  The owner or operator of any day care center, group day care facility
  9    or family day care home who  knowingly  employs  a  person  or  who  knowingly
 10    accepts volunteer services from a person, which person is currently registered
 11    or  is  required to register under the juvenile  sex offender registration act
 12    as provided in chapter 84, title 18, Idaho Code, to work in the day care  cen-
 13    ter,  group  day  care  facility or family day care home is guilty of a misde-
 14    meanor unless judicial relief has been granted pursuant  to  section  18-8328,
 15    Idaho Code.
                                                                        
 16        SECTION  3.  That  Section  20-505, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        20-505.  JURISDICTION. Subject to the prior  jurisdiction  of  the  United
 19    States,  the  court shall have exclusive, original jurisdiction over any juve-
 20    nile and over any adult who was a juvenile at the time of any act, omission or
 21    status, in the county in which the juvenile resides, or in the county in which
 22    the act, omission or status allegedly took place, in the following cases:
 23        (1)  Where the act, omission or status is prohibited  by  federal,  state,
 24    local  or municipal law or ordinance by reason of minority only, regardless of
 25    where the same occurred;
 26        (2)  Where the act or omission is a violation of any federal, state, local
 27    or municipal law or ordinance which would be a crime if committed by an adult,
 28    regardless of where the same occurred;
 29        (3)  Concerning any juvenile where the juvenile comes under the purview of
 30    the interstate compact on juveniles as set forth  in  chapter  19,  title  16,
 31    Idaho Code;
 32        (4)  This  chapter  shall not apply to juvenile violators of beer, wine or
 33    other alcohol and tobacco laws; except that a juvenile violator under the  age
 34    of  fourteen (14) years at the time of the violation may, at the discretion of
 35    the court, be treated under the provisions of this chapter;
 36        (5)  This chapter shall not apply to the  violent  juvenile  offender,  as
 37    defined in this chapter;
 38        (6)  This chapter shall not apply to juvenile violators of traffic, water-
 39    craft, fish and game, failure to obey a misdemeanor citation and criminal con-
 40    tempt  laws;  except  that  a juvenile violator under the age of fourteen (14)
 41    years at the time of  such violation may, at the discretion of the  court,  be
 42    treated under the provisions of this chapter;
 43        (7)  This  chapter  shall  not apply to juvenile sex offenders who violate
 44    the provisions of section 18-8414, Idaho Code.
                                                                        
 45        SECTION 4.  That Section 18-8307, Idaho Code, be, and the same  is  hereby
 46    amended to read as follows:
                                                                        
 47        18-8307.  LOCAL AND ANNUAL REGISTRATION.
 48        (1)  (a) Within ten (10) days of coming into any county to establish resi-
 49        dence  or  temporary domicile, an offender shall register with the sheriff
 50        of the county. Individuals registered under the prior sex offender  regis-
 51        tration  act,  including those who registered within twelve (12) months of
                                                                        
                                           3
                                                                        
  1        the effective date of this act, shall register  with the  sheriff  of  the
  2        county  of  residence  within  ten (10) days of the effective date of this
  3        act. The offender thereafter shall update the  registration  annually.  If
  4        the offender intends to reside in another state, the offender shall regis-
  5        ter in the other state within ten (10) days of moving to that state.
  6        (b)  Nonresidents  required  to  register pursuant to subsection (1)(d) of
  7        section 18-8304, Idaho Code, shall register with the sheriff of the county
  8        where employed or enrolled as a student within ten (10) days of  the  com-
  9        mencement  of  employment  or  enrollment  as  a student in an educational
 10        institution; provided that nonresidents employed in counseling,  coaching,
 11        teaching,  supervising or working with minors in any way regardless of the
 12        period of employment, must register prior  to  the  commencement  of  such
 13        employment.
 14        (2)  Annual registration shall be conducted as follows:
 15        (a)  On  or  about  the  first day of the month containing the anniversary
 16        date of the  initial  registration,  the  department  shall  mail  a  non-
 17        forwardable  notice of annual registration to the offender's last reported
 18        address;
 19        (b)  Within ten (10) days of the mailing date of the notice, the  offender
 20        shall  appear in person at the office of the sheriff with jurisdiction for
 21        the purpose of completing the registration process;
 22        (c)  If the notice is returned to the department  as  not  delivered,  the
 23        department shall inform the sheriff with whom the offender last registered
 24        of the returned notice.
 25        (3)  Registration, whether initial or annual, shall consist of a form pro-
 26    vided  by  the department and approved by the attorney general, which shall be
 27    signed by the offender and shall require the following information  about  the
 28    offender:
 29        (a)  Name  and  all  aliases  which the person has used or under which the
 30        person has been known;
 31        (b)  A complete description of the person including the date of birth  and
 32        social security number;
 33        (c)  Name  of  each  offense enumerated in section 18-8304, Idaho Code, of
 34        which the person was convicted, where each offense  was  committed,  where
 35        the  person  was  convicted  of each offense, and the name under which the
 36        person was convicted of each offense;
 37        (d)  The name and location of each hospital, jail or penal institution  to
 38        which  the  person was committed for each offense covered under this chap-
 39        ter;
 40        (e)  School or college enrollment; and
 41        (f)  Address or physical description of current  residence  and  place  of
 42        employment.
 43        (4)  At  the  time  of registration, the sheriff shall obtain a photograph
 44    and fingerprints, in a manner approved by the department, and may require  the
 45    offender  to  provide  full  palm  print impressions of each hand. An offender
 46    shall pay a fee of ten dollars ($10.00) to the sheriff at  the  time  of  each
 47    registration.  The  sheriff  may  waive  the  registration fee if the offender
 48    demonstrates indigency. The fees collected under this section shall be used by
 49    the sheriff to defray the costs of sexual offender registration.
 50        (5)  The sheriff shall forward the completed and signed  form,  photograph
 51    and fingerprints to the department within three (3) working days of the regis-
 52    tration.
 53        (a)  The  official  conducting  the initial registration shall ensure that
 54        the notification form is complete and  that  the  offender  has  read  and
 55        signed the form.
                                                                        
                                           4
                                                                        
  1        (b)  No  person  subject to registration shall furnish false or misleading
  2        information  when complying with registration  and  notification  require-
  3        ments of this chapter.
  4        (6)  The sheriff, or appointed deputies, may visit the residence of a reg-
  5    istered sexual offender within the county at any reasonable time to verify the
  6    address provided at the time of registration.
  7        (7)  All  written  notifications  of  duty  to register as provided herein
  8    shall include a warning that it is a felony as provided  in  section  18-8327,
  9    Idaho Code, for an offender to accept employment in any day care center, group
 10    day care facility or family day care home, as those terms are defined in chap-
 11    ter  11, title 39, Idaho Code, or to be upon or to remain on the premises of a
 12    day care center, group day care facility or family day care home  while  chil-
 13    dren  are  present, other than to drop off or  pick up the offender's child or
 14    children.
                                                                        
 15        SECTION 5.  That Section 18-8407, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        18-8407.  ANNUAL  REGISTRATION.  A  juvenile  sex offender, other than one
 18    serving a period of detention or committed to the department of juvenile  cor-
 19    rections,  shall  be  subject  to  annual  registration  and change of name or
 20    address notification pursuant to sections 18-8307 and 18-8309, Idaho Code.
 21        All written notifications of duty to register  as  provided  herein  shall
 22    include  a  warning  that  it  is  a  felony punishable as provided in section
 23    18-8414, Idaho Code, for a juvenile sex offender to accept employment  in  any
 24    day  care  center,  group  day care facility or family day care home, as those
 25    terms are defined in chapter 11, title 39, Idaho Code, or to  be  upon  or  to
 26    remain on the premises of a day care center, group day care facility or family
 27    day  care  home while children are present, other than to drop off or  pick up
 28    the juvenile sex offender's child or children.
                                                                        
 29        SECTION 6.  That Chapter 83, Title 18, Idaho Code, be,  and  the  same  is
 30    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 31    ignated as Section 18-8328, Idaho Code, and to read as follows:
                                                                        
 32        18-8328.  ACTION FOR RELIEF BY OFFENDER OR JUVENILE OFFENDER.  Any  person
 33    who  is  required to register pursuant to chapter 83, title 18, Idaho Code, or
 34    chapter 84, title 18, Idaho Code, may file a petition in a district  court  in
 35    the judicial district where the person resides, to have relief from the provi-
 36    sions  of  section 18-8327 or 18-8414, Idaho Code, pertaining to employment in
 37    or being upon or remaining on the premises of a day  care  center,  group  day
 38    care  facility  or family day care home while children are present, other than
 39    to drop off or pick up the sex offender's or juvenile sex offender's child  or
 40    children. To be granted relief pursuant to this section, the person shall show
 41    by clear and convincing evidence that the person required to register pursuant
 42    to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, does
 43    not  pose  a threat to children in  a day care center, group day care facility
 44    or family day care home, it has  been  at  least  ten  (10)  years  since  the
 45    person's  last  conviction, finding of guilt or adjudication that required the
 46    person to register pursuant to chapter 83, title 18, Idaho  Code,  or  chapter
 47    84,  title  18,  Idaho  Code,  and  the  petitioner  presents testimony from a
 48    licensed physician or  psychologist about the petitioner's chance  of  success
 49    of not committing an act against children.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14115


This legislation amends Chapter 83, Idaho Code, by adding a new
section to provide prohibited employment locations and prohibited
behavior of adult and juvenile sex offenders and owners and
operators of Day Cares and to provide penalties.


                          FISCAL IMPACT


There will be no fiscal impact.


Contact
Name: Rep. Ann Rydalch 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                      H 727