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S1425aaH.............................................by JUDICIARY AND RULES SEX OFFENDER REGISTRATION - Amends existing law relating to the Sexual Offender Registration Notification and Community Right-to-Know Act to exempt from registration requirements certain defendants convicted of statutory rape. 03/02 Senate intro - 1st rdg - to printing 03/03 Rpt prt - to Jud 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/13 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, 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 -- None Floor Sponsor - Darrington Title apvd - to House 03/14 House intro - 1st rdg - to Jud 03/20 Rpt out - rec d/p - to 2nd rdg 03/21 To Gen Ord 03/28 Rpt out amen - to 1st rdg as amen 03/29 1st rdg - to 2nd rdg as amen 03/30 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 64-0-6 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, 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, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Snodgrass, Trail, Wills, Wood NAYS -- None Absent and excused -- Crow, McGeachin, Ring, Smylie, Stevenson, Mr. Speaker Floor Sponsor - Field(18) Title apvd - to Senate 03/31 Senate concurred in House amens - to engros 04/03 Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 32-0-3 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, 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 -- Fulcher, Gannon, Geddes Floor Sponsor - Darrington Title apvd - to enrol 04/04 Rpt enrol - Pres signed - Sp signed 04/05 To Governor 04/10 Governor signed Session Law Chapter 408 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1425 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT- 3 TO-KNOW ACT; AMENDING SECTION 18-8304, IDAHO CODE, TO EXEMPT FROM REPORT- 4 ING REQUIREMENTS CERTAIN DEFENDANTS CONVICTED OF STATUTORY RAPE AND TO 5 MAKE A TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-8304, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-8304. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall 10 apply to any person who: 11 (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a 12 solicitation, or a conspiracy to commit a crime provided for in section 13 18-909 (assault with attempt to commit rape, infamous crime against 14 nature, or lewd and lascivious conduct with a minor, but excluding mayhem, 15 murder or robbery), 18-911 (battery with attempt to commit rape, infamous 16 crime against nature, or lewd and lascivious conduct with a minor, but 17 excluding mayhem, murder or robbery), 18-1506 (sexual abuse of a child 18 under sixteen years of age), 18-1506A (ritualized abuse of a child), 19 18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually 20 exploitative material for other than a commercial purpose), 18-1508 (lewd 21 conduct with a minor child), 18-1508A (sexual battery of a minor child 22 sixteen or seventeen years of age), 18-1509A (enticing a child over the 23 internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116 24 (indecent exposure, but excluding a misdemeanor conviction), 18-4502 25 (first degree kidnapping committed for the purpose of rape, committing the 26 infamous crime against nature or for committing any lewd and lascivious 27 act upon any child under the age of sixteen, or for purposes of sexual 28 gratification or arousal), 18-4503 (second degree kidnapping where the 29 victim is an unrelated minor child), 18-6101 (rape, but excluding 18-6101 30(1). where the defendant is eighteen years of age or younger or where the 31 defendant is exempted under subsection (4) of this section), 18-6108 (male 32 rape), 18-6110 (sexual contact with a prisoner), 18-6602 (incest), 18-6605 33 (crime against nature), 18-6608 (forcible sexual penetration by use of a 34 foreign object), or upon a second or subsequent conviction under 18-6609, 35 Idaho Code (video voyeurism). 36 (b) On or after July 1, 1993, has been convicted of any crime, an 37 attempt, a solicitation or a conspiracy to commit a crime in another 38 state, territory, commonwealth, or other jurisdiction of the United 39 States, including tribal courts and military courts, that is substantially 40 equivalent to the offenses listed in subsection (1)(a) of this section and 41 enters the state to establish permanent or temporary residence. 42 (c) Has been convicted of any crime, an attempt, a solicitation or a con- 43 spiracy to commit a crime in another state, territory, commonwealth, or 2 1 other jurisdiction of the United States, including tribal courts and mili- 2 tary courts, that is substantially equivalent to the offenses listed in 3 subsection (1)(a) of this section and was required to register as a sex 4 offender in any other state or jurisdiction when he established permanent 5 or temporary residency in Idaho. 6 (d) Pleads guilty to or has been found guilty of a crime covered in this 7 chapter prior to July 1, 1993, and the person, as a result of the offense, 8 is incarcerated in a county jail facility or a penal facility or is under 9 probation or parole supervision, on or after July 1, 1993. 10 (e) Is a nonresident regularly employed or working in Idaho or is a stu- 11 dent in the state of Idaho and was convicted, found guilty or pleaded 12 guilty to a crime covered by this chapter and, as a result of such convic- 13 tion, finding or plea, is required to register in his state of residence. 14 (2) The provisions of this chapter shall not apply to any such person 15 while the person is incarcerated in a correctional institution of the depart- 16 ment of correction, a county jail facility or committed to a mental health 17 institution of the department of health and welfare. 18 (3) A conviction for purposes of this chapter means that the person has 19 pled guilty or has been found guilty, notwithstanding the form of the judgment 20 or withheld judgment. 21 (4) On or after July 1, 2006, when a defendant is convicted of rape under 22 section 18-6101 1., Idaho Code, and at the time of the offense the defendant 23 is nineteen (19) or twenty (20) years of age and not more than three (3) years 24 older than the victim of the rape, the court may order that the defendant is 25 exempt from the requirements of this chapter upon a finding by the court that: 26 (a) All parties have stipulated to the exemption; or 27 (b) The defendant has demonstrated by clear and convincing evidence that 28 he is not a risk to commit another crime identified in subsection (1) of 29 this section and in the case there were no allegations by the victim of 30 any violation of section 18-6101 2. through 7., Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Field (18) Seconded by Smith (24) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1425 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, in line 21, delete "On or after July 1, 3 2006, when" and insert: "When".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1425, As Amended in the House BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT- 3 TO-KNOW ACT; AMENDING SECTION 18-8304, IDAHO CODE, TO EXEMPT FROM REPORT- 4 ING REQUIREMENTS CERTAIN DEFENDANTS CONVICTED OF STATUTORY RAPE AND TO 5 MAKE A TECHNICAL CORRECTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-8304, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-8304. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall 10 apply to any person who: 11 (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a 12 solicitation, or a conspiracy to commit a crime provided for in section 13 18-909 (assault with attempt to commit rape, infamous crime against 14 nature, or lewd and lascivious conduct with a minor, but excluding mayhem, 15 murder or robbery), 18-911 (battery with attempt to commit rape, infamous 16 crime against nature, or lewd and lascivious conduct with a minor, but 17 excluding mayhem, murder or robbery), 18-1506 (sexual abuse of a child 18 under sixteen years of age), 18-1506A (ritualized abuse of a child), 19 18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually 20 exploitative material for other than a commercial purpose), 18-1508 (lewd 21 conduct with a minor child), 18-1508A (sexual battery of a minor child 22 sixteen or seventeen years of age), 18-1509A (enticing a child over the 23 internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116 24 (indecent exposure, but excluding a misdemeanor conviction), 18-4502 25 (first degree kidnapping committed for the purpose of rape, committing the 26 infamous crime against nature or for committing any lewd and lascivious 27 act upon any child under the age of sixteen, or for purposes of sexual 28 gratification or arousal), 18-4503 (second degree kidnapping where the 29 victim is an unrelated minor child), 18-6101 (rape, but excluding 18-6101 30(1). where the defendant is eighteen years of age or younger or where the 31 defendant is exempted under subsection (4) of this section), 18-6108 (male 32 rape), 18-6110 (sexual contact with a prisoner), 18-6602 (incest), 18-6605 33 (crime against nature), 18-6608 (forcible sexual penetration by use of a 34 foreign object), or upon a second or subsequent conviction under 18-6609, 35 Idaho Code (video voyeurism). 36 (b) On or after July 1, 1993, has been convicted of any crime, an 37 attempt, a solicitation or a conspiracy to commit a crime in another 38 state, territory, commonwealth, or other jurisdiction of the United 39 States, including tribal courts and military courts, that is substantially 40 equivalent to the offenses listed in subsection (1)(a) of this section and 41 enters the state to establish permanent or temporary residence. 42 (c) Has been convicted of any crime, an attempt, a solicitation or a con- 43 spiracy to commit a crime in another state, territory, commonwealth, or 2 1 other jurisdiction of the United States, including tribal courts and mili- 2 tary courts, that is substantially equivalent to the offenses listed in 3 subsection (1)(a) of this section and was required to register as a sex 4 offender in any other state or jurisdiction when he established permanent 5 or temporary residency in Idaho. 6 (d) Pleads guilty to or has been found guilty of a crime covered in this 7 chapter prior to July 1, 1993, and the person, as a result of the offense, 8 is incarcerated in a county jail facility or a penal facility or is under 9 probation or parole supervision, on or after July 1, 1993. 10 (e) Is a nonresident regularly employed or working in Idaho or is a stu- 11 dent in the state of Idaho and was convicted, found guilty or pleaded 12 guilty to a crime covered by this chapter and, as a result of such convic- 13 tion, finding or plea, is required to register in his state of residence. 14 (2) The provisions of this chapter shall not apply to any such person 15 while the person is incarcerated in a correctional institution of the depart- 16 ment of correction, a county jail facility or committed to a mental health 17 institution of the department of health and welfare. 18 (3) A conviction for purposes of this chapter means that the person has 19 pled guilty or has been found guilty, notwithstanding the form of the judgment 20 or withheld judgment. 21 (4) When a defendant is convicted of rape under section 18-6101 1., Idaho 22 Code, and at the time of the offense the defendant is nineteen (19) or twenty 23 (20) years of age and not more than three (3) years older than the victim of 24 the rape, the court may order that the defendant is exempt from the require- 25 ments of this chapter upon a finding by the court that: 26 (a) All parties have stipulated to the exemption; or 27 (b) The defendant has demonstrated by clear and convincing evidence that 28 he is not a risk to commit another crime identified in subsection (1) of 29 this section and in the case there were no allegations by the victim of 30 any violation of section 18-6101 2. through 7., Idaho Code.
STATEMENT OF PURPOSE RS 16129 The purpose of this legislation is to allow an exemption for people accused of statutory rape to avoid the sex offender registry. The exemption would only apply to defendants nineteen or twenty years of age who are not more than three years older than the victim. FISCAL NOTE There is no fiscal impact. Contact Name: Senator Denton Darrington Phone: (208) 332-1317 Name: Representative Debbie Field Phone: (208) 332-1127 STATEMENT OF PURPOSE/FISCAL NOTE S 1425