2006 Legislation
Print Friendly

SENATE BILL NO. 1312 – Sex offenders, pnlty, registratn

SENATE BILL NO. 1312

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1312................................................by JUDICIARY AND RULES
SEX OFFENDERS - Amends existing law relating to crimes and punishments to
increase penalties for specified crimes; to revise sexual offender
registration requirements; to revise provisions applicable to verification
of sex offender addresses; to revise provisions applicable to name and
address changes of sexual offenders; and to increase penalties for sexual
offenders who fail to meet registration, address verification and notice
requirements.
                                                                        
01/26    Senate intro - 1st rdg - to printing
01/27    Rpt prt - to Jud
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Keough
    Floor Sponsors - Darrington, Goedde, Broadsword & McGee
    Title apvd - to House
02/23    House intro - 1st rdg - to Jud
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 64-0-6
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bayer, Bedke, Bell,
      Bilbao, Block, 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, McKague, Miller, Mitchell, Moyle, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bastian, Black, Crow, Nielsen, Snodgrass, Wood
    Floor Sponsor - Clark
    Title apvd - to Senate
03/17    To enrol
03/20    Rpt enrol - Pres signed - Sp signed
03/21    To Governor
03/24    Governor signed
         Session Law Chapter 178
         Effective: 03/24/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1312
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-910,  IDAHO  CODE,  TO
  3        INCREASE  THE  PENALTY FOR ASSAULT WITH INTENT TO COMMIT A SERIOUS FELONY;
  4        AMENDING SECTION 18-912, IDAHO CODE, TO INCREASE THE PENALTY  FOR  BATTERY
  5        WITH  INTENT  TO  COMMIT A SERIOUS FELONY; AMENDING SECTION 18-1506, IDAHO
  6        CODE, TO INCREASE THE PENALTY FOR SEXUAL ABUSE OF A CHILD UNDER  AGE  SIX-
  7        TEEN;  AMENDING  SECTION 18-1506A, IDAHO CODE, TO INCREASE THE PENALTY FOR
  8        RITUALIZED ABUSE OF A CHILD AND TO MAKE A TECHNICAL  CORRECTION;  AMENDING
  9        SECTION  18-1507, IDAHO CODE, TO INCREASE THE PENALTY FOR SEXUAL EXPLOITA-
 10        TION OF A CHILD  AND  TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTION
 11        18-1507A,  IDAHO  CODE, TO INCREASE THE PENALTY FOR POSSESSION OF SEXUALLY
 12        EXPLOITATIVE MATERIAL FOR OTHER THAN A COMMERCIAL PURPOSE;  AMENDING  SEC-
 13        TION 18-1508A, IDAHO CODE, TO INCREASE THE PENALTY FOR SEXUAL BATTERY OF A
 14        MINOR  CHILD  SIXTEEN OR SEVENTEEN YEARS OF AGE; AMENDING SECTION 18-4116,
 15        IDAHO CODE, TO REVISE THE PENALTY FOR INDECENT EXPOSURE; AMENDING  SECTION
 16        18-6602,  IDAHO CODE, TO INCREASE THE PENALTY FOR INCEST; AMENDING SECTION
 17        18-8307, IDAHO CODE, TO REVISE SEXUAL OFFENDER REGISTRATION  REQUIREMENTS;
 18        AMENDING  SECTION  18-8308, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO
 19        VERIFICATION OF SEX OFFENDER ADDRESSES; AMENDING  SECTION  18-8309,  IDAHO
 20        CODE,  TO REVISE PROVISIONS APPLICABLE TO NAME AND ADDRESS CHANGES OF SEX-
 21        UAL OFFENDERS; AMENDING SECTION 18-8311, IDAHO CODE, TO INCREASE PENALTIES
 22        FOR SEXUAL OFFENDERS WHO FAIL TO MEET REGISTRATION,  ADDRESS  VERIFICATION
 23        AND NOTICE REQUIREMENTS; AND DECLARING AN EMERGENCY.
                                                                        
 24    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 25        SECTION  1.  That  Section  18-910, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        18-910.  ASSAULT WITH THE INTENT TO COMMIT A SERIOUS  FELONY   --  PUNISH-
 28    MENT.  An  assault with the intent to commit a serious felony is punishable by
 29    imprisonment in the state prison not to exceed ten fifteen (105) years.
                                                                        
 30        SECTION 2.  That Section 18-912, Idaho Code, be, and the  same  is  hereby
 31    amended to read as follows:
                                                                        
 32        18-912.  BATTERY WITH THE INTENT TO COMMIT A SERIOUS FELONY -- PUNISHMENT.
 33    A  battery with the intent to commit a serious felony is punishable by impris-
 34    onment in the state prison not to exceed fifteen twenty (1520) years.
                                                                        
 35        SECTION 3.  That Section 18-1506, Idaho Code, be, and the same  is  hereby
 36    amended to read as follows:
                                                                        
 37        18-1506.  SEXUAL  ABUSE  OF A CHILD UNDER THE AGE OF SIXTEEN YEARS. (1) It
 38    is a felony for any person eighteen (18) years  of  age  or  older,  with  the
 39    intent  to  gratify  the  lust, passions, or sexual desire of the actor, minor
                                                                        
                                           2
                                                                        
  1    child or third party, to:
  2        (a)  solicit a minor child under the age of sixteen (16) years to partici-
  3        pate in a sexual act, or
  4        (b)  cause or have sexual contact with such minor child, not amounting to
  5        lewd conduct as defined in section 18-1508, Idaho Code, or
  6        (c)  make any photographic or electronic recording of such minor child.
  7        (2)  For the purposes of this section "solicit" means any written, verbal,
  8    or physical act which is intended to  communicate  to  such  minor  child  the
  9    desire  of the actor or third party to participate in a sexual act or partici-
 10    pate in sexual foreplay, by the means  of  sexual  contact,  photographing  or
 11    observing such minor child engaged in sexual contact.
 12        (3)  For  the purposes of this section "sexual contact" means any physical
 13    contact between such minor child and any person, which is caused by the actor,
 14    or the actor causing such minor child to have self contact.
 15        (4)  Any person guilty of a violation of the provisions  of  this  section
 16    shall  be  imprisoned  in  the state prison for a period not to exceed fifteen
 17    twenty-five (125) years.
                                                                        
 18        SECTION 4.  That Section 18-1506A, Idaho Code, be, and the same is  hereby
 19    amended to read as follows:
                                                                        
 20        18-1506A.  RITUALIZED ABUSE OF A CHILD -- EXCLUSIONS -- PENALTIES -- DEFI-
 21    NITION.  (1) A person is guilty of a felony when he commits any of the follow-
 22    ing acts with, upon, or in the presence of a child as part of a ceremony, rite
 23    or any similar observance:
 24        (a)  Actually or in simulation,  tortures,  mutilates  or  sacrifices  any
 25        warm-blooded animal or human being;
 26        (b)  Forces  ingestion,  injection  or  other application of any narcotic,
 27        drug, hallucinogen or anaesthetic for the purpose of dulling  sensitivity,
 28        cognition, recollection of, or resistance to any criminal activity;
 29        (c)  Forces  ingestion, or external application, of human or animal urine,
 30        feces, flesh, blood, bones, body secretions, nonprescribed drugs or chemi-
 31        cal compounds;
 32        (d)  Involves the child in a mock, unauthorized or unlawful marriage cere-
 33        mony with another person or representation of any force  or  diety  deity,
 34        followed by sexual contact with the child;
 35        (e)  Places  a living child into a coffin or open grave containing a human
 36        corpse or remains;
 37        (f)  Threatens death or serious harm to a child, his parents, family, pets
 38        or friends which instills a well-founded fear in the child that the threat
 39        will be carried out; or
 40        (g)  Unlawfully dissects, mutilates, or incinerates a human corpse.
 41        (2)  The provisions of this section shall not be construed to apply to:
 42        (a)  Lawful agricultural, animal husbandry, food preparation or wild  game
 43        hunting and fishing practices and specifically the branding or identifica-
 44        tion of livestock;
 45        (b)  The  lawful  medical practice of circumcision or any ceremony related
 46        thereto; or
 47        (c)  Any state or federally approved, licensed or funded research project.
 48        (3)  The penalty upon conviction of a first offense shall be  imprisonment
 49    in the state prison for a term of not to exceed fifteen (15) years.  Upon con-
 50    viction of a second or subsequent offense, the penalty Any person convicted of
 51    a violation of this section shall be imprisoned in the state prison for a term
 52    of not more than life. imprisonment.
 53        (4)  For  the  purposes  of  this  section, "child" means any person under
                                                                        
                                           3
                                                                        
  1    eighteen (18) years of age.
                                                                        
  2        SECTION 5.  That Section 18-1507, Idaho Code, be, and the same  is  hereby
  3    amended to read as follows:
                                                                        
  4        18-1507.  SEXUAL EXPLOITATION OF A CHILD. (1) The legislature hereby finds
  5    and declares that the commercial sexual exploitation of children constitutes a
  6    wrongful  invasion  of  the  child's  right  of privacy and results in social,
  7    developmental, and emotional injury to the child; that a child below  the  age
  8    of  eighteen  (18) years is incapable of giving informed consent to the use of
  9    his or her body for a commercial purpose; and that to  protect  children  from
 10    commercial  sexual exploitation it is necessary to prohibit the production for
 11    trade or commerce of material which involves or is derived from such exploita-
 12    tion and to exclude all such material from the channels of trade and commerce.
 13        (2)  As used in this section, unless the context otherwise requires:
 14        (a)  "Bestiality" means a sexual connection in any manner between a  human
 15        being and any animal.
 16        (b)  "Child" means a person who is less than eighteen (18) years of age.
 17        (c)  "Commercial purpose" means the intention, objective, anticipation, or
 18        expectation  of  monetary  gain or other material consideration, compensa-
 19        tion, remuneration, or profit.
 20        (d)  "Erotic fondling" means touching  a  person's  clothed  or  unclothed
 21        genitals  or  pubic area, developing or undeveloped genitals or pubic area
 22        (if the person is a child), buttocks, breasts (if the person is a female),
 23        or developing or undeveloped breast  area  (if  the  person  is  a  female
 24        child), for the purpose of real or simulated overt sexual gratification or
 25        stimulation  of one (1) or more of the persons involved. "Erotic fondling"
 26        shall not be construed to include physical contact, even if  affectionate,
 27        which  is not for the purpose of real or simulated overt sexual gratifica-
 28        tion or stimulation of one (1) or more of the persons involved.
 29        (e)  "Erotic nudity" means  the  display  of  the  human  male  or  female
 30        genitals  or  pubic  area, the undeveloped or developing genitals or pubic
 31        area of the human male or female child, the human female breasts,  or  the
 32        undeveloped  or  developing breast area of the human female child, for the
 33        purpose of real or simulated overt sexual gratification or stimulation  of
 34        one (1) or more of the persons involved.
 35        (f)  "Explicit  sexual conduct" means sexual intercourse, erotic fondling,
 36        erotic nudity, masturbation, sadomasochism, sexual excitement, or bestial-
 37        ity.
 38        (g)  "Masturbation" means the real  or  simulated  touching,  rubbing,  or
 39        otherwise  stimulating  of a person's own clothed or unclothed genitals or
 40        pubic area, developing or undeveloped genitals or pubic area (if the  per-
 41        son  is a child), buttocks, breasts (if the person is a female), or devel-
 42        oping or undeveloped breast area (if the person is  a  female  child),  by
 43        manual  manipulation or self-induced or with an artificial instrument, for
 44        the purpose of real or simulated overt sexual gratification or arousal  of
 45        the person.
 46        (h)  "Sadomasochism" means:
 47             1.(i)   Real  or simulated flagellation or torture for the purpose of
 48             real or simulated sexual stimulation or gratification; or
 49             2.(ii)  The real or simulated condition of being fettered, bound,  or
 50             otherwise  physically restrained for sexual stimulation or gratifica-
 51             tion of a person.
 52        (i)  "Sexual excitement" means the real or simulated  condition  of  human
 53        male  or female genitals when in a state of real or simulated overt sexual
                                                                        
                                           4
                                                                        
  1        stimulation or arousal.
  2        (j)  "Sexual intercourse" means real  or  simulated  intercourse,  whether
  3        genital-genital, oral-genital, anal-genital, or oral-anal, between persons
  4        of  the same or opposite sex, or between a human and an animal, or with an
  5        artificial genital.
  6        (k)  "Sexually exploitative material" means any  photograph,  motion  pic-
  7        ture,   videotape,   print,   negative,   slide,  or  other  mechanically,
  8        electronically, or chemically reproduced visual material which  depicts  a
  9        child  engaged in, participating in, observing, or being used for explicit
 10        sexual conduct.
 11        (3)  A person commits sexual exploitation of a child if, for  any  commer-
 12    cial purpose, he knowingly:
 13        (a)  Causes, induces, or permits a child to engage in, or be used for, any
 14        explicit sexual conduct; or
 15        (b)  Prepares,  arranges for, publishes, produces, promotes, makes, sells,
 16        finances, offers, exhibits, advertises, deals in, possesses,  or  distrib-
 17        utes any sexually exploitative material.
 18        (4)  The possession by any person of three (3) or more identical copies of
 19    any  sexually  exploitative material shall create a presumption that such pos-
 20    session is for a commercial purpose.
 21        (5)  The sexual exploitation of a child is a felony  and shall be  punish-
 22    able by imprisonment in the state prison for a period term not to exceed  fif-
 23    teen thirty (1530) years or by a fine not to exceed twenty-five fifty thousand
 24    dollars ($250,000) or by both such fine and imprisonment.
 25        (6)  If  any  provision  of this section or the application thereof to any
 26    person or circumstances is held invalid,  such  invalidity  shall  not  affect
 27    other  provisions  or  applications  of this section which can be given effect
 28    without the invalid provision or application, and to this end  the  provisions
 29    of this section are declared to be severable.
                                                                        
 30        SECTION  6.  That Section 18-1507A, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        18-1507A.  POSSESSION OF SEXUALLY EXPLOITATIVE MATERIAL FOR OTHER  THAN  A
 33    COMMERCIAL  PURPOSE  --  PENALTY.  (1)  It is the policy of the legislature in
 34    enacting this section to protect children from the physical and  psychological
 35    damage   caused  by their being used in photographic representations of sexual
 36    conduct which involves children.  It is, therefore, the intent of the legisla-
 37    ture to penalize possession of photographic representations of sexual  conduct
 38    which  involves  children in order to protect the identity of children who are
 39    victimized by involvement in the photographic representations, and to  protect
 40    children  from  future  involvement  in photographic representations of sexual
 41    conduct.
 42        (2)  Every person who knowingly and willfully has in  his  possession  any
 43    sexually  exploitative material as defined in section 18-1507, Idaho Code, for
 44    other than a commercial purpose, is guilty of a felony, and shall be  punished
 45    by  imprisonment in the state prison for a period not to exceed five ten (510)
 46    years and by  a fine not to exceed five ten thousand dollars ($510,000).
                                                                        
 47        SECTION 7.  That Section 18-1508A, Idaho Code, be, and the same is  hereby
 48    amended to read as follows:
                                                                        
 49        18-1508A.  SEXUAL  BATTERY  OF A MINOR CHILD SIXTEEN OR SEVENTEEN YEARS OF
 50    AGE -- PENALTY. (1) It is a felony for any person at least five (5)  years  of
 51    age  older  than  a minor child who is sixteen (16) or seventeen (17) years of
                                                                        
                                           5
                                                                        
  1    age, who, with the intent of arousing, appealing to or  gratifying  the  lust,
  2    passion, or sexual desires of such person, minor child, or third party, to:
  3        (a)  Commit  any  lewd  or lascivious act or acts upon or with the body or
  4        any part or any member thereof of such minor child including, but not lim-
  5        ited to, genital-genital contact, oral-genital contact, anal-genital  con-
  6        tact,  oral-anal  contact,  manual-anal contact or manual-genital contact,
  7        whether between persons of the same or opposite sex, or who shall  involve
  8        such  minor child in any act of explicit sexual conduct as defined in sec-
  9        tion 18-1507, Idaho Code; or
 10        (b)  Solicit such minor child to participate in a sexual act; or
 11        (c)  Cause or have sexual contact with such minor child, not amounting  to
 12        lewd conduct as defined in paragraph (a) of this subsection; or
 13        (d)  Make any photographic or electronic recording of such minor child.
 14        (2)  For  the  purpose  of subsection (b) of this section, "solicit" means
 15    any written, verbal or physical act which is intended to communicate  to  such
 16    minor  child the desire of the actor or third party to participate in a sexual
 17    act or participate in  sexual  foreplay,  by  the  means  of  sexual  contact,
 18    photographing or observing such minor child engaged in sexual contact.
 19        (3)  For  the purpose of this section, "sexual contact" means any physical
 20    contact between such minor child and any person or between such minor children
 21    which is caused by the actor, or the actor causing such minor  child  to  have
 22    self contact.
 23        (4)  Any  person  guilty  of  a  violation of the provisions of subsection
 24    (1)(a) of this section shall be imprisoned in the state prison  for  a  period
 25    not to exceed life.
 26        (5)  Any  person  guilty  of  a violation of the provisions of subsections
 27    (1)(b), (1)(c), or (1)(d) of this section shall be  imprisoned  in  the  state
 28    prison for a period not to exceed fifteen twenty-five (125) years.
                                                                        
 29        SECTION  8.  That  Section 18-4116, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        18-4116.  INDECENT  EXPOSURE.  Every  person  who  willfully  and  lewdly,
 32    either:
 33        (1)  Exposes his or her genitals, in any public place,  or  in  any  place
 34    where  there  is present another person or persons who are offended or annoyed
 35    thereby; or,
 36        (2)  Procures, counsels, or assists any person so to  expose  his  or  her
 37    genitals, where there is present another person or persons who are offended or
 38    annoyed thereby is guilty of a misdemeanor.
 39        Any  person who pleads guilty to or is found guilty of a violation of sub-
 40    section (1) or (2) of this section or a similar statute in  another  state  or
 41    any  local jurisdiction for a second time within five (5) years, notwithstand-
 42    ing the form of the judgment(s) or withheld judgment(s), is guilty of a felony
 43    and shall be imprisoned in the state prison for a period  not  to  exceed  ten
 44    (10) years.
                                                                        
 45        SECTION  9.  That  Section 18-6602, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        18-6602.  INCEST. Persons being within the degrees of consanguinity within
 48    which marriages are  declared by law to be incestuous and void, who intermarry
 49    with each other, or who commit fornication or adultery with  each  other,  are
 50    punishable  by  imprisonment  in  the  state  prison  for a term not exceeding
 51    twenty-five (25) years to exceed life.
                                                                        
                                           6
                                                                        
  1        SECTION 10.  That Section 18-8307, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        18-8307.  INITIAL  REGISTRATION.  (1) Registration, whether initial, local
  4    or annual, shall consist of a form provided by the department and approved  by
  5    the  attorney general, which shall be signed by the offender and shall require
  6    the following information about the offender:
  7        (a)  Name and all aliases which the person has used  or  under  which  the
  8        person has been known;
  9        (b)  A  complete description of the person including the date of birth and
 10        social security number;
 11        (c)  Name of each offense enumerated in section 18-8304,  Idaho  Code,  of
 12        which  the  person  was convicted, where each offense was committed, where
 13        the person was convicted of each offense, and the  name  under  which  the
 14        person was convicted of each offense;
 15        (d)  The  name and location of each hospital, jail or penal institution to
 16        which the person was committed for each offense covered under  this  chap-
 17        ter;
 18        (e)  School or college enrollment; and
 19        (f)  Address  or  physical  description  of current residence and place of
 20        employment.
 21        (2)  At the time of any registration, the sheriff shall  obtain  a  photo-
 22    graph  and  fingerprints,  in  a  manner  approved  by the department, and may
 23    require the offender to provide full palm print impressions of each  hand.  An
 24    offender  A violent sexual predator shall pay a fee of ten dollars ($10.00) to
 25    the sheriff at the time of each per registration. All  other  offenders  shall
 26    pay  an  annual fee of forty dollars ($40.00) to the sheriff for registration.
 27    The sheriff may waive the registration fee if the violent sexual  predator  or
 28    other  offender  demonstrates indigency. The fees collected under this section
 29    shall be used by the sheriff to defray the costs of  violent  sexual  predator
 30    and other sexual offender registration and verification under section 18-8308,
 31    Idaho Code.
 32        (3)  The  sheriff  shall forward the completed and signed form, photograph
 33    and fingerprints to the department within three (3) working days of the regis-
 34    tration.
 35        (a)  The official conducting the initial registration  shall  ensure  that
 36        the  notification  form  is  complete  and  that the offender has read and
 37        signed the form.
 38        (b)  No person subject to registration shall furnish false  or  misleading
 39        information when complying with registration and notification requirements
 40        of this chapter.
 41        (4)  (a) Within  ten  two (102) working  days of coming into any county to
 42        establish permanent or temporary residence,  an  offender  shall  register
 43        with  the  sheriff of the county. The offender thereafter shall update the
 44        registration register annually, unless the offender  is  designated  as  a
 45        violent  sexual  predator,  in which case the offender shall register with
 46        the sheriff every three (3) months as provided in  this  section.  If  the
 47        offender  intends  to reside in another state, the offender shall register
 48        in the other state within ten (10) days of moving to that state.
 49        (b)  A nonresident required to register pursuant to section 18-8304(1)(e),
 50        Idaho Code, shall register with the sheriff of the county  where  employed
 51        or  enrolled  as   a student within ten two (102) working days of the com-
 52        mencement of employment or enrollment  as  a  student  in  an  educational
 53        institution,  provided that nonresidents employed in counseling, coaching,
 54        teaching, supervising or working with minors in any way, regardless of the
                                                                        
                                           7
                                                                        
  1        period of employment, must register prior  to  the  commencement  of  such
  2        employment.
  3        (5)  Annual rRegistration shall be conducted as follows:
  4        (a)  On  or  about  the  first day of the month containing the anniversary
  5        date of the last registration which required  fingerprints  and  a  photo-
  6        graph,   For   violent  sexual  predators  the  department  shall  mail  a
  7        nonforwardable notice  of  annual  registration  to  the  offender's  last
  8        reported address within three (3) months following the last registration;
  9        (b)  For  all  other  sex  offenders  the department shall mail an annual,
 10        nonforwardable notice of registration  to  the  offender's  last  reported
 11        address;
 12        (c)  Within  ten  five  (105)  days of the mailing date of the notice, the
 13        offender shall appear in person at the office of the sheriff  with  juris-
 14        diction for the purpose of completing the registration process;
 15        (cd)  If  the  notice  is returned to the department as not delivered, the
 16        department shall inform the sheriff with whom the offender last registered
 17        of the returned notice.
 18        (6)  The sheriff, or appointed deputies, may visit the residence of a reg-
 19    istered sexual offender within the county at any reasonable time to verify the
 20    address provided at the time of registration.
 21        (7)  All written notifications of duty  to  register  as  provided  herein
 22    shall  include  a  warning that it is a felony as provided in section 18-8327,
 23    Idaho Code, for an offender to accept employment in any day care center, group
 24    day care facility or family day care home, as those terms are defined in chap-
 25    ter 11, title 39, Idaho Code, or to be upon or to remain on the premises of  a
 26    day  care  center, group day care facility or family day care home while chil-
 27    dren are present, other than to drop off or  pick up the offender's  child  or
 28    children.
                                                                        
 29        SECTION  11.  That Section 18-8308, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        18-8308.  VERIFICATION OF ADDRESS. OF VIOLENT SEXUAL PREDATOR. (1) Violent
 32    sexual predators. The address or physical residence of an offender  designated
 33    as  a violent sexual predator shall be verified by the department every ninety
 34    (90) days between annual registrations.
 35        (2a)  The procedure for verification shall be as follows:
 36             (ai)   The department shall mail a nonforwardable notice  of  address
 37             verification  quarterly, every thirty (30) days between annual regis-
 38             trations, to each offender designated as a violent sexual predator.
 39             (bii)  Each offender designated as a violent  sexual  predator  shall
 40             complete,  sign and return the notice of address verification form to
 41             the department within ten seven (107) days of the mailing date of the
 42             notice. (c)  If the notice of address verification is returned to the
 43             department as not delivered, the department shall,  within  five  (5)
 44             days,  notify the sheriff with whom the offender designated as a vio-
 45             lent sexual predator last registered.
 46             (iii) The sheriff shall verify the address of the offender by  visit-
 47             ing  the  offender's  residence  once every six (6) months or, if the
 48             offender fails to comply with the provisions of paragraph (a)(ii)  of
 49             this  subsection,  at  any reasonable time to verify the address pro-
 50             vided at registration.
 51        (2)  All other sexual offenders. The address or physical residence of  any
 52    sex  offender not designated as a violent sexual predator shall be verified by
 53    the department between registrations.
                                                                        
                                           8
                                                                        
  1        (a)  The procedure for verification shall be as follows:
  2             (i)   The department shall mail a nonforwardable  notice  of  address
  3             verification every four (4) months between annual registrations.
  4             (ii)  Each  offender  shall  complete,  sign and return the notice of
  5             address verification form to the department within seven (7) days  of
  6             the mailing date of the notice. If the notice of address verification
  7             is returned as not delivered, the department shall notify the sheriff
  8             within five (5) days and the sheriff shall visit the residence of the
  9             registered offender at any reasonable time to verify the address pro-
 10             vided at registration.
                                                                        
 11        SECTION  12.  That Section 18-8309, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        18-8309.  CHANGE OF ADDRESS OR NAME. (1) If an offender changes address or
 14    actual residence, the offender shall provide written notice of the new address
 15    within five two (52) working days after the  change  to  the  sheriff  of  the
 16    county  where  the  offender is required to register. The notice shall be on a
 17    form provided by the department. Within three (3) working days  after  receipt
 18    of  the  notice, the sheriff shall forward a copy of the notice to the depart-
 19    ment.
 20        (2)  If an offender changes address to another state, the  offender  shall
 21    provide  written  notice of the new address within five (5) working days after
 22    the change to the department.
 23        (3)  An offender whose legal name is changed by marriage,  judicial  order
 24    or  any  other  means  shall  provide written notice of the name change to the
 25    sheriff and the department within five two (52) working  days  of  the  order,
 26    event or other occurrence.
                                                                        
 27        SECTION  13.  That Section 18-8311, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        18-8311.  PENALTIES. (1) An offender subject to registration who fails  to
 30    register,  verify his address, or provide any notice as required by this chap-
 31    ter shall be guilty of a felony and shall be punished by imprisonment  in  the
 32    state  prison  system for a period not to exceed five ten (510) years and by a
 33    fine not to exceed five thousand dollars ($5,000). If the offender is on  pro-
 34    bation  or  other  supervised  release or suspension from incarceration at the
 35    time of the violation, the probation or supervised release or suspension shall
 36    be revoked and the penalty for violating this chapter shall be served consecu-
 37    tively to the offender's original sentence.
 38        (2)  An offender subject to registration under this chapter, who willfully
 39    provides false or misleading information in the registration  required,  shall
 40    be  guilty of a felony and shall be punished by imprisonment in a state prison
 41    for a period not to exceed five ten (510) years and a fine not to exceed  five
 42    thousand dollars ($5,000).
 43        (3)  An offender subject to registration under this chapter, who willfully
 44    evades  service of the board's notice pursuant to section 18-8319, Idaho Code,
 45    shall be guilty of a felony and shall be punished by imprisonment in  a  state
 46    prison  for  a  period  not  to exceed five  ten (510) years and a fine not to
 47    exceed five thousand dollars ($5,000).
                                                                        
 48        SECTION 14.  An emergency existing therefor,  which  emergency  is  hereby
 49    declared to exist, this act shall be in full force and effect on and after its
 50    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15760

This legislation is a result of recommendations made by the
Governor's Criminal Justice Commission.  The legislation closes
several loopholes in current Idaho Code and will enhance public
safety by increasing the registration and address verification
requirements for sex offenders, especially Violent Sexual Predators
(VSPs).  In addition, this legislation increases the maximum
penalty for sex offenders who fail to register, and increases the
maximum penalties for several crimes that require sex offender
registration.


                           FISCAL NOTE

There is no immediate impact to the General Fund; however, there
could be a potential impact in the future if persons are found
guilty and sentenced under these new statutory provisions.  

The Idaho State Police will require dedicated fund spending
authority in the amount of $41,000 to implement the increased
address verification requirements.

There is a proposed increase in the processing fee from $10.00 to
$40.00 to cover local administrative costs.  Violent sexual
predators will pay a $10.00 fee for each quarterly registration,
totaling $40.00 for the year.  
All other sex offenders will pay $40.00 at the time of their annual
registration.


Contact
Name: Megan Ronk, Office of the Governor 
Phone: 208-332-2100
Senator Denton Darrington
Representative Debbie Field


STATEMENT OF PURPOSE/FISCAL NOTE                             S1312