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S1524aa..............................................by JUDICIARY AND RULES
DRUG PUSHER REGISTRATION - Adds to and amends existing law to provide the
"Drug Pusher Registration Notification and Community Right to Know Act" to
require those individuals convicted of pushing drugs to register with local
law enforcement agencies.
02/24 Senate intro - 1st rdg - to printing
02/25 Rpt prt - to Jud
03/07 Rpt out - to 14th Ord
03/15 Rpt out amen - to engros
03/16 Rpt engros - 1st rdg - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/21 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Sandy
Title apvd - to House
03/22 House intro - 1st rdg as amen - to Jud
04/04 Rpt out - rec d/p - to 2nd rdg as amen
04/05 2nd rdg - to 3rd rdg as amen
S1524
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1524, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DRUG PUSHER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW;
3 AMENDING TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 90, TITLE
4 18, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE A STATEMENT OF LEGIS-
5 LATIVE FINDINGS, TO DEFINE TERMS, TO SPECIFY THE APPLICATION OF THE PROVI-
6 SIONS OF THIS CHAPTER, TO ESTABLISH A CENTRAL DRUG PUSHER REGISTRY AND
7 PROVIDE AGENCY RESPONSIBILITY, TO REQUIRE NOTICE OF THE DUTY TO REGISTER,
8 TO REQUIRE LOCAL AND ANNUAL REGISTRATION, TO REQUIRE NOTIFICATION OF
9 CHANGE OF ADDRESS OR NAME, TO GOVERN RELEASE FROM REGISTRATION REQUIRE-
10 MENTS AND EXPUNGEMENT FROM THE REGISTRY, TO PROVIDE PENALTIES, TO GOVERN
11 PUBLIC ACCESS TO THE DRUG PUSHER OFFENDER REGISTRY INFORMATION, TO GOVERN
12 THE DISSEMINATION OF REGISTRY INFORMATION, TO PROVIDE EXEMPTION FROM CIVIL
13 LIABILITY AND TO PROVIDE PENALTIES FOR VIGILANTISM OR OTHER MISUSE OF
14 INFORMATION OBTAINED UNDER THIS CHAPTER; AND AMENDING SECTION 7-805, IDAHO
15 CODE, TO GOVERN CHANGE OF NAME FOR CONVICTED DRUG PUSHERS REQUIRED TO REG-
16 ISTER.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Title 18, Idaho Code, be, and the same is hereby amended
19 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
20 ter 90, Title 18, Idaho Code, and to read as follows:
21 CHAPTER 90
22 DRUG PUSHER REGISTRATION NOTIFICATION AND
23 COMMUNITY RIGHT-TO-KNOW ACT
24 18-9001. SHORT TITLE. This chapter shall be known and may be cited as the
25 "Drug Pusher Registration Notification and Community Right-to-Know Act."
26 18-9002. FINDINGS. The legislature finds that drug pushers present a sig-
27 nificant risk of reoffense and that efforts of law enforcement agencies to
28 protect their communities, conduct investigations and quickly apprehend
29 offenders who commit the crime of sales of drugs in violation of the uniform
30 controlled substances act are impaired by the lack of current information
31 available about individuals who have been convicted of selling illegal drugs
32 who live within their jurisdiction. The legislature further finds that provid-
33 ing public access to certain information about convicted drug pushers assists
34 parents in the protection of their children. Such access further provides a
35 means for organizations that work with youth or other vulnerable populations
36 to prevent drug pushers from threatening those served by the organizations.
37 Finally, public access assists the community in being observant of convicted
38 drug pushers in order to prevent them from recommitting crimes involving the
39 sale of illegal controlled substances. Therefore, this state's policy is to
40 assist efforts of local law enforcement agencies to protect communities by
41 requiring convicted drug pushers to register with local law enforcement agen-
2
1 cies and to make certain information about convicted drug pushers available to
2 the public as provided in this chapter.
3 18-9003. DEFINITIONS. As used in this chapter:
4 (1) "Central registry" means the registry of convicted drug pushers
5 maintained by the Idaho department of law enforcement pursuant to this chap-
6 ter.
7 (2) "Department" means the Idaho department of law enforcement.
8 (3) "Incarceration" means committed to the custody of the Idaho depart-
9 ment of correction, but excluding cases where the court has retained jurisdic-
10 tion.
11 (4) "Offender" or "drug pusher" means an individual convicted of an
12 offense listed and described in section 18-9004, Idaho Code, or a substan-
13 tially similar offense under the laws of another state or in a federal, tribal
14 or military court or the court of another country.
15 (5) "Offense" means an offense listed in section 18-9004, Idaho Code.
16 (6) "Residence" means the offender's present place of abode.
17 18-9004. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
18 apply to any person who:
19 (a) On or after July 1, 2001, is convicted of a felony violation under
20 section 37-2732(a)(1)(A) (manufacture or deliver a schedule I narcotic or
21 manufacture or deliver a schedule II controlled substance), section
22 37-2732(a)(1)(B) (manufacture or deliver a nonnarcotic schedule I con-
23 trolled substance or manufacture or deliver a schedule III controlled sub-
24 stance), section 37-2732(a)(1)(C) (manufacture or deliver a schedule IV
25 controlled substance), section 37-2732B (trafficking), section 37-2734B
26 (deliver, possess with intent to deliver, or manufacture with intent to
27 deliver drug paraphernalia), section 37-2737 (distribution to persons
28 under age eighteen) or section 37-2737A (manufacture or delivery of con-
29 trolled substance where children are present), Idaho Code, or any
30 attempt, racketeering, conspiracy or aiding or abetting any of the above
31 offenses and such person has been convicted of a felony violation of the
32 above offenses in this state on a prior occasion or has been convicted of
33 a felony violation of any substantially equivalent offense in another
34 state, territory, commonwealth or other jurisdiction of the United States,
35 including tribal courts and military courts;
36 (b) Enters the state on or after July 1, 2001, and who has been convicted
37 on or after July 1, 2001, of two (2) or more crimes, attempts,
38 solicitations or conspiracies to commit a crime in another state, terri-
39 tory, commonwealth, or other jurisdiction of the United States, including
40 tribal courts and military courts, that is substantially equivalent to the
41 offenses listed in subsection (1)(a) of this section;
42 (c) Pleads guilty to or has been found guilty of two (2) or more crimes
43 covered in this section prior to July 1, 2001, and the person, as a result
44 of the offense, is incarcerated in a county jail facility or a penal
45 facility or is under probation or parole supervision, on or after July 1,
46 2001.
47 (2) The provisions of this chapter shall not apply to any such person
48 while the person is incarcerated in a correctional institution of the depart-
49 ment of correction, a county jail facility or committed to a mental health
50 institution of the department of health and welfare.
51 (3) A conviction for purposes of this chapter means that the person has
52 pled guilty or has been found guilty, notwithstanding the form of the judgment
53 or withheld judgment.
3
1 (4) For purposes of this section, any person who pleads guilty to or is
2 found guilty of a violation of the applicable sections of the Idaho Code enu-
3 merated in subsection (1)(a) of this section or any substantially conforming
4 criminal violations, notwithstanding the form of the judgment(s) or withheld
5 judgment(s), shall be deemed to be a conviction or convictions.
6 18-9005. CENTRAL REGISTRY -- NOTICE TO AGENCIES. (1) The department shall
7 establish and maintain a central drug pusher registry separate from other
8 records maintained by the department. The registry shall include, but is not
9 limited to, fingerprints, photographs, and other information collected from
10 submitted forms and other communications relating to notice of duty to regis-
11 ter, drug pusher registration and notice of address change.
12 (2) Upon receipt of information pursuant to section 18-9007, Idaho Code,
13 the department shall notify the law enforcement agencies having jurisdiction
14 where the offender resides or will reside, enter information in the central
15 registry, and transmit the appropriate information as required by the federal
16 bureau of investigation for inclusion in a national drug pusher registry when
17 one exists. Upon receipt of a notice of an offender changing residence to
18 another state, the department shall notify the central registry of the state
19 to which the offender is moving if a registry exists. The department shall
20 adopt rules relating to providing notice of address changes to law enforcement
21 agencies, developing forms, operating the central registry, reviewing and cor-
22 recting records, and expunging records of persons who are deceased, whose con-
23 victions have been reversed or who have been pardoned, and those for whom an
24 order of expungement or relief from registration has been entered pursuant to
25 section 18-9009, Idaho Code.
26 (3) The department shall develop and distribute to appropriate agencies
27 the standardized forms necessary for the administration of the registry and
28 shall provide appropriate agencies with instructions for completing and sub-
29 mitting the forms. The attorney general shall approve the forms and instruc-
30 tions prior to distribution.
31 18-9006. NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION. (1) When a
32 person is sentenced for an offense identified in section 18-9004, Idaho Code,
33 the prosecuting attorney shall seek and the court shall order a designated law
34 enforcement agency to immediately fingerprint that person unless the person
35 has been fingerprinted and photographed previously for the same offense.
36 Fingerprints and photographs may be taken at the jail or correctional facility
37 to which the person is remanded or sentenced. The fingerprints and photographs
38 taken pursuant to this subsection shall be submitted to the department as pro-
39 vided in section 67-3004, Idaho Code. A fee of twenty dollars ($20.00) shall
40 be charged the person for the fingerprinting and used by the sheriff to defray
41 administration of this chapter.
42 (2) A person convicted of a felony offense identified in section 18-9004,
43 Idaho Code, and released on probation without a sentence of incarceration in a
44 county jail or correctional facility, including release pursuant to a withheld
45 judgment or a committment to any mental institution, shall be notified by the
46 sentencing court of the duty to register pursuant to the provisions of this
47 chapter. The court or the court's designee shall ensure that the written noti-
48 fication shall be completed on a form provided by the department and approved
49 by the attorney general and shall be signed by the defendant. The court shall
50 retain one (1) copy, provide one (1) copy to the offender, and submit one (1)
51 copy to the central registry within three (3) working days of release.
52 (3) With respect to an offender convicted of a drug offense identified in
53 section 18-9004, Idaho Code, and sentenced to a period of incarceration in a
4
1 jail or correctional facility and subsequently released, placed on probation,
2 or paroled, the department of correction or jail shall provide, prior to
3 release from confinement, written notification of the duty to register. The
4 written notification shall be on a form provided by the department and
5 approved by the attorney general and shall be signed by the offender. The
6 department of correction or jail shall retain one (1) copy, provide one (1)
7 copy to the offender, and submit one (1) copy to the central registry within
8 three (3) working days of release.
9 (4) The sheriff of each county shall provide written notification, on a
10 form provided by the department of transportation and approved by the attorney
11 general, of the registration requirements of this chapter to any person who
12 enters this state from another jurisdiction and makes an application for a
13 license to operate a motor vehicle in this state. The form shall include lan-
14 guage that the offender has read the form before signing it. The written
15 notice shall be signed by the person and one (1) copy shall be sent by the
16 sheriff's office to the central repository of the department of law enforce-
17 ment and one (1) copy shall be provided to the person.
18 (5) Notification of the duty to register as set forth in subsections (2)
19 and (3) of this section shall constitute an initial registration for the pur-
20 pose of establishing a record in the central registry.
21 (6) The notification form provided by the department and approved by the
22 attorney general shall:
23 (a) Explain the duty to register, the procedure for registration and pen-
24 alty for failure to comply with registration requirements;
25 (b) Inform the offender of the requirement to provide notice of any
26 change of address within Idaho or to another state within five (5) days of
27 such change;
28 (c) Inform the offender of the requirement to register in a new state
29 within ten (10) days of changing residence to that state; and
30 (d) Obtain from the offender and agency or court, information required
31 for initial registration in the central registry, as prescribed by rules
32 promulgated by the department.
33 (7) The official conducting the notice and initial registration shall
34 ensure that the notification form is complete, that the offender has signed
35 the form verifying that he has read it, and that a copy is forwarded to the
36 central repository within the required time period.
37 (8) Information required for initial registration in the central registry
38 shall include, but is not limited to: name and aliases of the offender; social
39 security number; physical descriptors; current address or physical description
40 of current residence; offense for which convicted, sentence and conditions of
41 release; treatment or counseling received; and risk assessment or special cat-
42 egory of offender.
43 (9) No person subject to registration shall willfully furnish false or
44 misleading information when complying with registration and notification
45 requirements of this chapter.
46 18-9007. LOCAL AND ANNUAL REGISTRATION. (1) Within ten (10) days of com-
47 ing into any county to establish residence or temporary domicile, an offender
48 shall register with the sheriff of the county. The offender thereafter shall
49 update the registration annually. If the offender intends to reside in another
50 state, the offender shall register in the other state within ten (10) days of
51 moving to that state.
52 (2) Annual registration shall be conducted as follows:
53 (a) On or about the first day of the month containing the anniversary
54 date of the initial registration, the department shall mail a non-
5
1 forwardable notice of annual registration to the offender's last reported
2 address;
3 (b) Within ten (10) days of the mailing date of the notice, the offender
4 shall appear in person at the office of the sheriff with jurisdiction for
5 the purpose of completing the registration process;
6 (c) If the notice is returned to the department as not delivered, the
7 department shall inform the sheriff with whom the offender last registered
8 of the returned notice.
9 (3) Registration, whether initial or annual, shall consist of a form pro-
10 vided by the department and approved by the attorney general, which shall be
11 signed by the offender and shall require the following information about the
12 offender:
13 (a) Name and all aliases which the person has used or under which the
14 person has been known;
15 (b) A complete description of the person including the date of birth and
16 social security number;
17 (c) Name of each offense enumerated in section 18-9004, Idaho Code, of
18 which the person was convicted, where each offense was committed, where
19 the person was convicted of each offense, and the name under which the
20 person was convicted of each offense;
21 (d) The name and location of each hospital, jail or penal institution to
22 which the person was committed for each offense covered under this chap-
23 ter;
24 (e) School or college enrollment; and
25 (f) Address or physical description of current residence and place of
26 employment.
27 (4) At the time of registration, the sheriff shall obtain a photograph
28 and fingerprints, in a manner approved by the department, and may require the
29 offender to provide full palm print impressions of each hand. An offender
30 shall pay a fee of forty dollars ($40.00) to the sheriff at the time of each
31 registration. The fees collected under this section shall be used by the sher-
32 iff to defray the costs of drug pusher registration.
33 (5) The sheriff shall forward the completed and signed form, photograph
34 and fingerprints to the department within three (3) working days of the regis-
35 tration.
36 (6) The official conducting the initial registration shall ensure that
37 the notification form is complete and that the offender has signed the form
38 verifying that he has read it.
39 (7) No person subject to registration shall furnish false or misleading
40 information when complying with registration and notification requirements of
41 this chapter.
42 (8) The sheriff, or appointed deputies, may visit the residence of a reg-
43 istered drug pusher within the county at any reasonable time to verify the
44 address provided at the time of registration.
45 18-9008. CHANGE OF ADDRESS OR NAME. (1) If an offender changes address or
46 actual residence, the offender shall provide written notice of the new address
47 within five (5) days after the change to the sheriff of the county where the
48 offender is required to register and to the department. The notice shall be on
49 a form provided by the department. Within three (3) working days after receipt
50 of the notice, the sheriff shall forward a copy of the notice to the depart-
51 ment.
52 (2) If an offender changes address to another state, the offender shall
53 provide written notice of the new address within five (5) days after the
54 change to the department and to the sheriff of the county where the offender
6
1 is required to register.
2 (3) An offender whose legal name is changed by marriage, judicial order
3 or any other means shall provide written notice of the name change to the
4 sheriff and the department within five (5) days of the order, event or other
5 occurrence.
6 (4) The sheriff may charge a fee of twenty dollars ($20.00) for process-
7 ing the change in address, residence or name.
8 18-9009. RELEASE FROM REGISTRATION REQUIREMENTS -- EXPUNGEMENT. (1) Any
9 person, may, after a period of ten (10) years from the date the person was
10 released from incarceration or placed on parole, supervised release or proba-
11 tion, whichever is greater, petition the district court for a show cause hear-
12 ing to determine whether the person shall be exempted from the duty to regis-
13 ter under this chapter. In the petition the petitioner shall:
14 (a) Provide clear and convincing evidence that the petitioner is not at
15 risk to commit a new violation for any violent crime or crime identified
16 in section 18-9004, Idaho Code;
17 (b) Provide an affidavit indicating that the petitioner does not have a
18 criminal charge pending nor is the petitioner knowingly under criminal
19 investigation for any violent crime or crime identified in section
20 18-9004, Idaho Code;
21 (c) Provide proof of service of such petition upon the county prosecuting
22 attorney for the county in which the application is made; and
23 (d) Provide a certified copy of the judgment of conviction which caused
24 the petitioner to report as a drug pusher.
25 The district court may grant a hearing if it finds that the petition is
26 sufficient. The court shall provide at least sixty (60) days prior notice of
27 the hearing to the petitioner and the county prosecuting attorney.
28 The court may exempt the petitioner from the reporting requirement only
29 after a hearing on the petition in open court and only upon proof by clear and
30 convincing evidence that the petitioner is not at risk to commit a new viola-
31 tion for any violent crime or crime identified in section 18-9004, Idaho Code.
32 (2) Concurrent with the entry of any order exempting the petitioner from
33 the reporting requirement, the court may further order that any information
34 regarding the petitioner be expunged from the central registry.
35 18-9010. PENALTIES. (1) An offender subject to registration who fails to
36 register or provide any notice as required by this chapter shall be guilty of
37 a felony and shall be punished by imprisonment in the state prison system for
38 a period not to exceed five (5) years and by a fine not to exceed five thou-
39 sand dollars ($5,000). If the offender is on probation or other supervised
40 release or suspension from incarceration at the time of the violation, the
41 probation or supervised release or suspension shall be revoked and the penalty
42 for violating this chapter shall be served consecutively to the offender's
43 original sentence.
44 (2) An offender subject to registration under this chapter, who willfully
45 provides false or misleading information in the registration required, shall
46 be guilty of a felony and shall be punished by imprisonment in a state prison
47 for a period not to exceed five (5) years and a fine not to exceed five thou-
48 sand dollars ($5,000).
49 18-9011. PUBLIC ACCESS TO DRUG PUSHER OFFENDER REGISTRY INFORMATION.
50 Information within the drug pusher offender registry collected pursuant to
51 this chapter is subject to release only as provided by this section.
52 (1) The department or sheriff shall provide public access to information
7
1 contained in the central drug pusher offender registry by written request
2 only. The department, after consultation with and input from sheriffs of the
3 state, shall promulgate rules defining the processes for providing information
4 to the public and the requirements for retention of inquiry records by the
5 department and sheriff.
6 (2) The department and sheriff will respond to requests for drug pusher
7 offender registry information within ten (10) working days of receipt of the
8 written request.
9 (a) Any person may inquire about a named individual by submitting an
10 information request form obtained from the department or sheriff. The
11 department shall promulgate rules outlining the methods and means of sub-
12 mitting requests. Information required for inquiry shall include the
13 individual's full name and address, or full name and date of birth. The
14 requester shall provide his full name, street address and driver's license
15 or social security number.
16 (b) Any person may request a list of registered drug pushers by geo-
17 graphic area, such as by county or by zip code area, as determined by
18 rule, by submitting an information request form obtained from the depart-
19 ment. The requester shall provide his full name, street address and
20 driver's license, social security number, or state identification number.
21 (c) Schools or organizations working with youth or other vulnerable popu-
22 lations may request a statewide list or lists by geographic area within
23 the state.
24 (d) The department and sheriff may collect a fee of five dollars ($5.00)
25 for each inquiry response.
26 (e) Information to be provided includes the offender's name, address, any
27 aliases or prior names, date of birth, the crime of conviction, and the
28 place of conviction.
29 (f) Identity of the offender's employer or educational institution cur-
30 rently attended will not be provided for any registered drug pusher.
31 (g) Information identifying any person related to, living with, working
32 for, employing or otherwise associated with a registered drug pusher shall
33 be excluded from release.
34 (3) The department shall provide to any person, upon written request and
35 at a reasonable cost, determined by the department, a photograph of any regis-
36 tered drug pusher which the department maintains in its central drug pusher
37 offender registry. The department shall respond to requests for photographs
38 within fifteen (15) working days of receipt.
39 (4) Fees received by the department pursuant to this section shall be
40 deposited in the department's miscellaneous revenue fund and used to support
41 the operation of the central registry. Fees received by the sheriff pursuant
42 to this section shall be used to defray the cost of drug pusher offender reg-
43 istration.
44 (5) The department shall include a cautionary statement relating to com-
45 pleteness, accuracy and use of registry information when releasing information
46 to the public or noncriminal justice agencies as well as a statement concern-
47 ing the penalties provided in section 18-9014, Idaho Code, for misuse of reg-
48 istry information.
49 (6) Information released pursuant to this section may be used only for
50 the protection of the public.
51 (7) Further dissemination of registry information by any person or entity
52 shall include the cautionary statements required in subsection (5) of this
53 section.
54 18-9012. DISSEMINATION OF REGISTRY INFORMATION. (1) The department shall
8
1 disseminate any registration information collected under this chapter, includ-
2 ing change of address notification, to criminal justice agencies through the
3 telecommunications system established in section 19-5202, Idaho Code. Registry
4 information provided under this section shall be used only for the administra-
5 tion of criminal justice or for the protection of the public as permitted by
6 this chapter.
7 (2) The department shall provide quarterly to the superintendent of pub-
8 lic instruction and to the director of the department of health and welfare a
9 list of all offenders required to register with the central registry together
10 with the address, date of birth and crime of conviction for each offender
11 listed. The superintendent may further distribute the list or portions thereof
12 to school districts or to schools.
13 (3) The department shall release quarterly to the public a list of
14 offenders thirty (30) days or more delinquent in maintaining registration or
15 address verification. Offenders subject to being listed include those who have
16 failed:
17 (a) To register with a sheriff after initial registration under section
18 18-9007, Idaho Code; and
19 (b) To register annually as required in section 18-9007, Idaho Code.
20 (4) The department shall include a cautionary statement relating to com-
21 pleteness, accuracy and use of registry information when releasing information
22 to the public or noncriminal justice agencies as well as a statement concern-
23 ing the penalties provided in section 18-9014, Idaho Code, for misuse of reg-
24 istry information.
25 (5) Information released pursuant to this section may be used only for
26 the protection of the public.
27 (6) Further dissemination of registry information by any person or entity
28 shall include the cautionary statements required in subsection (4) of this
29 section.
30 18-9013. EXEMPTION FROM CIVIL LIABILITY. No person or governmental entity
31 may be held civilly or criminally liable for actions or omissions in the per-
32 formance of the duties of his office under the provisions of this chapter, if
33 the person or governmental entity acts in good faith and without malice.
34 18-9014. PENALTIES FOR VIGILANTISM OR OTHER MISUSE OF INFORMATION
35 OBTAINED UNDER THIS CHAPTER. Any person who uses information obtained pursuant
36 to this chapter to commit a crime or to cause physical harm to any person or
37 damage to property shall be guilty of a misdemeanor and, in addition to any
38 other punishment, be subject to imprisonment in the county jail for a period
39 not to exceed one (1) year, or by a fine not to exceed one thousand dollars
40 ($1,000) or both.
41 SECTION 2. That Section 7-805, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 7-805. RESTRICTIONS ON NAME CHANGES FOR CONVICTED SEXUAL OFFENDERS OR
44 CONVICTED DRUG PUSHERS -- NOTIFICATION OF NAME CHANGES OF CONVICTED SEXUAL
45 OFFENDERS OR DRUG PUSHERS. (1) No person shall apply for a change of name with
46 the intent or purpose of avoiding registration as a convicted sexual offender
47 pursuant to chapter 83, title 18, Idaho Code, or a convicted drug pusher, as
48 defined in section 18-9003, Idaho Code, required to register pursuant to chap-
49 ter 90, title 18, Idaho Code. No name change shall be granted to any person if
50 the name change would have the effect of relieving the person of the duty to
51 register as a convicted sexual offender under chapter 83, title 18, Idaho
9
1 Code, or as a convicted drug pusher, as defined in section 18-9003, Idaho
2 Code, required to register pursuant to chapter 90, title 18, Idaho Code, or
3 under the provisions of similar laws enacted by another state.
4 (2) The court granting a name change to any individual required to regis-
5 ter as a convicted sexual offender pursuant to the provisions of chapter 83,
6 title 18, Idaho Code, or as a convicted drug pusher, as defined in section
7 18-9003, Idaho Code, required to register pursuant to the provisions of chap-
8 ter 90, title 18, Idaho Code, shall provide notice of the name change to the
9 Idaho department of law enforcement, central sexual offender registry or cen-
10 tral drug pusher offender registry. This notice shall include the offender's
11 name prior to change, new name, social security number, date of birth and last
12 known address.
AS1524
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Sandy
Seconded by Darrington
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1524
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, delete lines 8 through 10; in line 11,
3 delete "(4)" and insert: "(3)"; in line 14, delete "(5)" and insert: "(4)" and
4 also in line 14, following ""Offender"" insert: "or "drug pusher""; in line
5 18, delete "(6)" and insert: "(5)"; in line 19, delete "(7)" and insert:
6 "(6)"; delete lines 22 through 25 and insert:
7 "(a) On or after July 1, 2001, is convicted of a felony violation under
8 section 37-2732(a)(1)(A) (manufacture or deliver a schedule I narcotic or
9 manufacture or deliver a schedule II controlled substance), section
10 37-2732(a)(1)(B) (manufacture or deliver a nonnarcotic schedule I con-
11 trolled substance or manufacture or deliver a schedule III controlled sub-
12 stance), section 37-2732(a)(1)(C) (manufacture or deliver a schedule IV
13 controlled substance), section 37-2732B (trafficking), section 37-2734B
14 (deliver, possess with intent to deliver, or manufacture with intent to
15 deliver drug paraphernalia), section 37-2737 (distribution to persons
16 under age eighteen) or section 37-2737A (manufacture or delivery of con-
17 trolled substance where children are present), Idaho Code, or any
18 attempt, racketeering, conspiracy or aiding or abetting any of the above
19 offenses and such person has been convicted of a felony violation of the
20 above offenses in this state on a prior occasion or has been convicted of
21 a felony violation of any substantially equivalent offense in another
22 state, territory, commonwealth or other jurisdiction of the United States,
23 including tribal courts and military courts;";
24 in line 26, delete "2000" and insert: "2001" and also in line 26, following
25 "convicted" insert: "on or after July 1, 2001,"; in line 33, delete "chapter"
26 and insert: "section" and also in line 33, delete "2000" and insert: "2001";
27 in line 36, delete "2000" and insert: "2001"; and following line 43, insert:
28 "(4) For purposes of this section, any person who pleads guilty to or is
29 found guilty of a violation of the applicable sections of the Idaho Code enu-
30 merated in subsection (1)(a) of this section or any substantially conforming
31 criminal violations, notwithstanding the form of the judgment(s) or withheld
32 judgment(s), shall be deemed to be a conviction or convictions.".
33 On page 3, in line 28, delete "an" and insert: "a felony"; in line 31,
34 delete "release from" and insert: "a commitment to"; and delete lines 33 and
35 34 and insert: "ter. The court or the court's designee shall ensure that the
36 written notification shall be completed on a form provided by the department
37 and approved by the attorney general and shall be signed by the defendant.
38 The".
39 On page 7, in line 9, delete "twenty dollars" and in line 10, delete
40 "($20.00)" and insert: "five dollars ($5.00)".
41 AMENDMENTS TO SECTION 2
42 On page 8, in line 31, following "pusher" insert: ", as defined in section
43 18-9003, Idaho Code,"; in line 35, following "pusher" insert: ", as defined in
2
1 section 18-9003, Idaho Code,"; and in line 40, delete "offender" and insert:
2 ", as defined in section 18-9003, Idaho Code".
STATEMENT OF PURPOSE
RS09231C1
This proposed legislation relates to drug pusher registration notification
and community right-to-know by amending Title 18, Idaho Code and adding a
new Chapter 90. To require local and annual registration, notification of change of
address or name, relating to individuals with repeat felony drug convictions to be
kept in a Central Registry and to allow public access of such records.
FISCAL IMPACT
No fiscal impact until at least the 2002 budget year. This will give the Department
of Law Enforcement time to assess specific anticipated needs.
Contact
Name: Senator John Sandy
Phone: (208) 332-1305
STATEMENT OF PURPOSE/FISCAL NOTE S 1524