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S1304................................................by JUDICIARY AND RULES SEX OFFENDERS - Amends existing law to set forth provisions applicable to judgments for offenses requiring sex offender registration; and to clarify the term "conviction." 01/24 Senate intro - 1st rdg - to printing 01/25 Rpt prt - to Jud 02/06 Rpt out - rec d/p - to 2nd rdg 02/07 2nd rdg - to 3rd rdg 02/13 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Gannon Floor Sponsor - Sweet Title apvd - to House 02/14 House intro - 1st rdg - to Jud 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/13 3rd rdg - PASSED - 65-1-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- McKague Absent and excused -- Block, Crow, Sali, Mr. Speaker Floor Sponsor - Clark Title apvd - to Senate 03/14 To enrol 03/15 Rpt enrol - Pres signed 03/16 Sp signed 03/17 To Governor 03/22 Governor signed Session Law Chapter 157 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1304 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-2604, IDAHO CODE, TO SET 3 FORTH PROVISIONS APPLICABLE TO JUDGMENTS FOR OFFENSES REQUIRING SEX 4 OFFENDER REGISTRATION, TO CLARIFY THE TERM "CONVICTION" AND TO MAKE TECH- 5 NICAL CORRECTIONS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 19-2604, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-2604. DISCHARGE OF DEFENDANT -- AMENDMENT OF JUDGMENT. (1).If sen- 10 tence has been imposed but suspended, or if sentence has been withheld, upon 11 application of the defendant and upon satisfactory showing that the defendant 12 has at all times complied with the terms and conditions upon which he was 13 placed on probation, the court may, if convinced by the showing made that 14 there is no longer cause for continuing the period of probation, and if it be 15 compatible with the public interest, terminate the sentence or set aside the 16 plea of guilty or conviction of the defendant, and finally dismiss the case 17 and discharge the defendant; and this shall apply to the cases in which 18 defendants have been convicted and granted probation by the court before this 19 law goes into effect, as well as to cases which arise thereafter. The final 20 dismissal of the case as herein provided shall have the effect of restoring 21 the defendant to his civil rights. 22 (2).If sentence has been imposed but suspended during the first one hun- 23 dredandeighty (180) days of a sentence to the custody of the state board of 24 correction, and the defendant placed upon probation as provided in subsection 25 4. of section 19-2601, Idaho Code, upon application of the defendant, the 26 prosecuting attorney, or upon the court's own motion, and upon satisfactory 27 showing that the defendant has at all times complied with the terms and condi- 28 tions of his probation, the court may amend the judgment of conviction from a 29 term in the custody of the state board of correction to "confinement in a 30 penal facility" for the number of days served prior to suspension, and the 31 amended judgment may be deemed to be a misdemeanor conviction. 32 (3).Subsection (2) of this section shall not apply to any judgment of 33 conviction for a violation ofthe provisions of sections 18-1506, 18-1507 or3418-1508any offense requiring sex offender registration as set forth in sec- 35 tion 18-8304, Idaho Code. A judgment of conviction for a violation ofthe pro-36visions of any section listed in this subsectionany offense requiring sex 37 offender registration as set forth in section 18-8304, Idaho Code, shall not 38 beexpunged from a person's criminal recordsubject to dismissal or reduction 39 under this section. A conviction for the purposes of this chapter means that 40 the person has pled guilty or has been found guilty, notwithstanding the form 41 of the judgment or withheld judgment.
STATEMENT OF PURPOSE RS15656 The purpose of this act is to update subsection 3 to except all offenses requiring sexual offender registration as set forth in Idaho Code 18-8304 from the dismissal or reduction of conviction provisions of subsections 1 and 2 of the act. The act presently only prohibits judicial dismissal or reduction of the conviction to a misdemeanor for sexual offenders convicted of sexual abuse of a child under the age of sixteen (16) years, Idaho Code 18-1506, sexual exploitation of a child, Idaho Code 18-1507, and lewd conduct with a minor child under sixteen (16), Idaho Code 18-1508. Sexual offenders are often compliant with probation conditions but continue to present a significant risk of recidivism. Efforts of law enforcement agencies to protect their communities by identifying past offenders, conduct investigations, and quickly apprehend the offender who commits a successive sexual offense, are impaired so long as some sexual offenders are able to have their convictions dismissed or reduced to a misdemeanor. This amendment will assist law enforcement in the protection of children and other potential victims and afford a much-needed added measure of protection to Idaho citizens. FISCAL NOTE This bill has no fiscal impact. Contact Name: William A. von Tagen Office of the Attorney General Phone: 334-4140 STATEMENT OF PURPOSE / FISCAL NOTE S 1304