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S1090................................................by JUDICIARY AND RULES
SEX OFFENDER REGISTRATION - Amends existing law relating to the
registration of sex offenders to provide definitions; to provide
application to a nonresident regularly employed or working in Idaho or a
nonresident who is a student in Idaho; to provide for registration of
individuals who had registered under prior sex offender registration acts;
and to provide for nonresidents to register upon certain conditions.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Jud
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--King, Stennett
Floor Sponsor - Keough
Title apvd - to House
02/16 House intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher,
Mader, Marley, McKague, Meyer(Duncan), Montgomery, Mortensen,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Hammond, Hornbeck, Moyle, Trail, Williams, Wood
Floor Sponsor - Montgomery
Title apvd - to Senate
03/19 To enrol - rpt enrol - Pres signed
03/22 Sp signed
03/23 To Governor
03/25 Governor signed
Session Law Chapter 349
Effective: 07/01/99
S1090|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1090 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO REGISTRATION OF SEXUAL OFFENDERS; AMENDING SECTION 18-8303, IDAHO 3 CODE, TO PROVIDE DEFINITIONS OF "EMPLOYED" AND "STUDENT"; AMENDING SECTION 4 18-8304, IDAHO CODE, TO PROVIDE THE CORRECT NAMES OF ASSAULT WITH ATTEMPT 5 TO COMMIT RAPE AND BATTERY WITH ATTEMPT TO COMMIT RAPE AND TO PROVIDE 6 APPLICATION TO A NONRESIDENT REGULARLY EMPLOYED OR WORKING IN IDAHO OR WHO 7 IS A STUDENT IN THE STATE OF IDAHO; AND AMENDING SECTION 18-8307, IDAHO 8 CODE, TO PROVIDE FOR REGISTRATION OF INDIVIDUALS WHO HAD REGISTERED UNDER 9 PRIOR SEX OFFENDER REGISTRATION ACTS AND TO PROVIDE FOR NONRESIDENTS TO 10 REGISTER UPON CERTAIN CONDITIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 18-8303, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 18-8303. DEFINITIONS. As used in this chapter: 15 (1) "Board" means the sexual offender classification board described in 16 section 18-8312, Idaho Code. 17 (2) "Central registry" means the registry of convicted sexual offenders 18 maintained by the Idaho department of law enforcement pursuant to this chap- 19 ter. 20 (3) "Department" means the Idaho department of law enforcement. 21 (4) "Employed" means full or part-time employment exceeding ten 22 (10) consecutive working days or for an aggregate period exceeding thirty (30) 23 days in any calendar year, or any employment which involves counseling, 24 coaching, teaching, supervising or working with minors in any way regardless 25 of the period of employment, whether such employment is financially compen- 26 sated, volunteered or performed for the purpose of any government or education 27 benefit. 28 (5) "Incarceration" means committed to the custody of the Idaho 29 department of correction, but excluding cases where the court has retained 30 jurisdiction. 31 (56 ) "Offender" means an individual convicted 32 of an offense listed and described in section 18-8304, Idaho Code, or a sub- 33 stantially similar offense under the laws of another state or in a federal, 34 tribal or military court or the court of another country. 35 (67 ) "Offense" means a sexual offense listed in 36 section 18-8304, Idaho Code. 37 (78 ) "Predatory" means actions directed at an 38 individual who was selected by the offender for the primary purpose of engag- 39 ing in illegal sexual behavior. 40 (89 ) "Psychosexual evaluation" means an evalua- 41 tion which specifically addresses sexual development, sexual deviancy, sexual 42 history and risk of reoffense as part of a comprehensive evaluation of an 43 offender. 2 1 (910 ) "Residence" means the offender's present 2 place of abode. 3 (11) "Student" means a person who is enrolled on a full-time or 4 part-time basis, in any public or private educational institution, including 5 any secondary school, trade or professional institution or institution of 6 higher education. 7 (102 ) "Violent sexual predator" means a person 8 who has been convicted of an offense listed in section 18-8312, Idaho Code, 9 and who has been determined to pose a risk of committing an offense or engag- 10 ing in predatory sexual conduct. 11 SECTION 2. That Section 18-8304, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 18-8304. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall 14 apply to any person who: 15 (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a 16 solicitation, or a conspiracy to commit a crime provided for in section 17 18-909 ( assault with attempt to commit rape, infamous crime 18 against nature, or lewd and lascivious conduct with a minor, but excluding 19 mayhem, murder or robbery), 18-911 ( battery with attempt to commit 20 rape, infamous crime against nature, or lewd and lascivious conduct 21 with a minor, but excluding mayhem, murder or robbery), 18-1506 (sexual 22 abuse of a child under sixteen years of age), 18-1506A (ritualized abuse 23 of a child), 18-1507 (sexual exploitation of a child), 18-1507A 24 (possession of sexually exploitative material for other than a commercial 25 purpose), 18-1508 (lewd conduct with a minor child), 18-1508A (sexual bat- 26 tery of a minor child sixteen or seventeen years of age), 18-4003(d) 27 (murder committed in perpetration of rape or in perpetration of lewd con- 28 duct with a child less than twelve years of age), 18-4116 (indecent expo- 29 sure, but excluding a misdemeanor conviction), 18-4502 (first degree kid- 30 napping committed for the purpose of rape, committing the infamous crime 31 against nature or for committing any lewd and lascivious act upon any 32 child under the age of sixteen, or for purposes of sexual gratification or 33 arousal), 18-4503 (second degree kidnapping where the victim is an unre- 34 lated minor child), 18-6101 (rape, but excluding 18-6101(1) where the 35 defendant is eighteen years of age or younger), 18-6108 (male rape), 36 18-6602 (incest), 18-6605 (crime against nature), or 18-6608, Idaho Code, 37 (forcible sexual penetration by use of a foreign object); 38 (b) Enters the state on or after July 1, 1993, and who has been convicted 39 of any crime, an attempt, a solicitation or a conspiracy to commit a crime 40 in another state, territory, commonwealth, or other jurisdiction of the 41 United States, including tribal courts and military courts, that is sub- 42 stantially equivalent to the offenses listed in subsection (1)(a) of this 43 section. 44 (c) Pleads guilty to or has been found guilty of a crime covered in this 45 chapter prior to July 1, 1993, and the person, as a result of the offense, 46 is incarcerated in a county jail facility or a penal facility or is under 47 probation or parole supervision, on or after July 1, 1993. 48 (d) Is a nonresident regularly employed or working in Idaho or is a 49 student in the state of Idaho and was convicted, found guilty or pleaded 50 guilty to a crime covered by this chapter and, as a result of such convic- 51 tion, finding or plea, is required to register in his state of residence. 52 53 (2) The provisions of this chapter shall not apply to any such person 3 1 while the person is incarcerated in a correctional institution of the depart- 2 ment of correction, a county jail facility or committed to a mental health 3 institution of the department of health and welfare. 4 (3) A conviction for purposes of this chapter means that the person has 5 pled guilty or has been found guilty, notwithstanding the form of the judgment 6 or withheld judgment. 7 SECTION 3. That Section 18-8307, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-8307. LOCAL AND ANNUAL REGISTRATION. 10 (1) (a) Within ten (10) days of coming into any county to 11 establish residence or temporary domicile, an offender shall register with 12 the sheriff of the county. Individuals registered under the prior 13 sex offender registration act, including those who registered within 14 twelve (12) months of the effective date of this act, shall register with 15 the sheriff of the county of residence within ten (10) days of the effec- 16 tive date of this act. The offender thereafter shall update the 17 registration annually. If the offender intends to reside in another state, 18 the offender shall register in the other state within ten (10) days of 19 moving to that state. 20 (b) Nonresidents required to register pursuant to subsection (1)(d) 21 of section 18-8304, Idaho Code, shall register with the sheriff of the 22 county where employed or enrolled as a student within ten (10) days of the 23 commencement of employment or enrollment as a student in an educational 24 institution; provided that nonresidents employed in counseling, coaching, 25 teaching, supervising or working with minors in any way regardless of the 26 period of employment, must register prior to the commencement of such 27 employment. 28 (2) Annual registration shall be conducted as follows: 29 (a) On or about the first day of the month containing the anniversary 30 date of the initial registration, the department shall mail a non- 31 forwardable notice of annual registration to the offender's last reported 32 address; 33 (b) Within ten (10) days of the mailing date of the notice, the offender 34 shall appear in person at the office of the sheriff with jurisdiction for 35 the purpose of completing the registration process; 36 (c) If the notice is returned to the department as not delivered, the 37 department shall inform the sheriff with whom the offender last registered 38 of the returned notice. 39 (3) Registration, whether initial or annual, shall consist of a form pro- 40 vided by the department and approved by the attorney general, which shall be 41 signed by the offender and shall require the following information about the 42 offender: 43 (a) Name and all aliases which the person has used or under which the 44 person has been known; 45 (b) A complete description of the person including the date of birth and 46 social security number; 47 (c) Name of each offense enumerated in section 18-8304, Idaho Code, of 48 which the person was convicted, where each offense was committed, where 49 the person was convicted of each offense, and the name under which the 50 person was convicted of each offense; 51 (d) The name and location of each hospital, jail or penal institution to 52 which the person was committed for each offense covered under this chap- 53 ter; 4 1 (e) School or college enrollment; and 2 (f) Address or physical description of current residence and place of 3 employment. 4 (4) At the time of registration, the sheriff shall obtain a photograph 5 and fingerprints, in a manner approved by the department, and may require the 6 offender to provide full palm print impressions of each hand. An offender 7 shall pay a fee of ten dollars ($10.00) to the sheriff at the time of each 8 registration. The sheriff may waive the registration fee if the offender 9 demonstrates indigency. The fees collected under this section shall be used by 10 the sheriff to defray the costs of sexual offender registration. 11 (5) The sheriff shall forward the completed and signed form, photograph 12 and fingerprints to the department within three (3) working days of the regis- 13 tration. 14 (a) The official conducting the initial registration shall ensure that 15 the notification form is complete and that the offender has read and 16 signed the form. 17 (b) No person subject to registration shall furnish false or misleading 18 information when complying with registration and notification requirements 19 of this chapter. 20 (6) The sheriff, or appointed deputies, may visit the residence of a reg- 21 istered sexual offender within the county at any reasonable time to verify the 22 address provided at the time of registration.
STATEMENT OF PURPOSE
RS 08833
This legislation amends the Sexual Offender Registration Notificahon and Community
Right-to-Know Act which is found at chapter 83 of title 18, Idaho Code. This legislation
addresses a deficiency in current law concerning sex offenders who reside out-of-state but
are employed or going to school in the State of Idaho. Under present law, offenders who
reside out-of-state but work part- or full-time in the State of Idaho are not required to register
as sex offenders even though they may be spending a majority of their work week in Idaho.
Likewise, this legislation would require the registration of sex offenders who are students
and enrolled in Idaho educational institutions. The bill provides that registered sex offenders
employed or studying in Idaho would be required to register after spending 10 consecutive
working days in Idaho or an aggregate of more than 30 days in any one calendar year. In
addition, individuals who are employed or are volunteering to work with children must
register immediately upon coming into Idaho regardless of whether they are employed more
than 10 consecutive days.
FISCAL NOTE
While this bill could require the registration of some additional individuals, most of the cost
of registration would be paid by those individuals. The present system in place at the
Department of Law Enforcement would be able to handle the additional registrants without
any additional cost to the state general fund.
CONTACT: Senator Shawn Keough
332-1340
STATEMENT OF PURPOSE/FISCAL NOTE S 1090