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S1170................................................by JUDICIARY AND RULES
SEX OFFENDER REGISTRATION - Amends existing law to define "aggravated
offense"; and to provide that persons convicted of an aggravated offense
shall not be exempted from the registration requirements of the Sexual
Offender Registration Act.
02/20 Senate intro - 1st rdg - to printing
02/21 Rpt prt - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Darrington
Title apvd - to House
03/06 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 63-0-7
AYES -- Barraclough, Barrett, Bedke, Bell, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Collins, Cuddy, Deal, Denney,
Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gould, Hadley,
Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell,
Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wood,
Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bieter, Campbell, Clark, Crow, Gagner, Henbest,
Wheeler
Floor Sponsor -- Smith
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed
03/21 Sp signed
03/22 To Governor
03/26 Governor signed
Session Law Chapter 194
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1170
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SEXUAL OFFENDER REGISTRATION ACT; AMENDING SECTION 18-8303,
3 IDAHO CODE, TO DEFINE "AGGRAVATED OFFENSE"; AMENDING SECTION 18-8304,
4 IDAHO CODE, TO DELETE INCORRECT TERMINOLOGY; AND AMENDING SECTION 18-8310,
5 IDAHO CODE, TO PROVIDE THAT PERSONS CONVICTED OF AN AGGRAVATED OFFENSE
6 SHALL NOT BE EXEMPTED FROM THE REGISTRATION REQUIREMENTS OF THE SEXUAL
7 OFFENDER REGISTRATION ACT AND TO MAKE A TECHNICAL CORRECTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 18-8303, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 18-8303. DEFINITIONS. As used in this chapter:
12 (1) "Aggravated offense" means any of the following crimes as set forth
13 in section 18-8304, Idaho Code: 18-1508 (lewd conduct, when the victim is less
14 than twelve (12) years of age); 18-4003(d) (murder committed in the perpetra-
15 tion of rape); 18-6101 (rape, but excluding section 18-6101(1) where the vic-
16 tim is at least twelve (12) years of age or the defendant is eighteen (18)
17 years of age or younger); 18-6108 (male rape); and 18-6608 (forcible sexual
18 penetration by use of a foreign object).
19 (2) "Board" means the sexual offender classification board described in
20 section 18-8312, Idaho Code.
21 (23) "Central registry" means the registry of convicted sexual offenders
22 maintained by the Idaho state police pursuant to this chapter.
23 (34) "Department" means the Idaho state police.
24 (45) "Employed" means full-time or part-time employment exceeding ten
25 (10) consecutive working days or for an aggregate period exceeding thirty (30)
26 days in any calendar year, or any employment which involves counseling,
27 coaching, teaching, supervising or working with minors in any way regardless
28 of the period of employment, whether such employment is financially compen-
29 sated, volunteered or performed for the purpose of any government or education
30 benefit.
31 (56) "Incarceration" means committed to the custody of the Idaho depart-
32 ment of correction, but excluding cases where the court has retained jurisdic-
33 tion.
34 (67) "Offender" means an individual convicted of an offense listed and
35 described in section 18-8304, Idaho Code, or a substantially similar offense
36 under the laws of another state or in a federal, tribal or military court or
37 the court of another country.
38 (78) "Offense" means a sexual offense listed in section 18-8304, Idaho
39 Code.
40 (89) "Predatory" means actions directed at an individual who was selected
41 by the offender for the primary purpose of engaging in illegal sexual behav-
42 ior.
43 (910) "Psychosexual evaluation" means an evaluation which specifically
2
1 addresses sexual development, sexual deviancy, sexual history and risk of
2 reoffense as part of a comprehensive evaluation of an offender.
3 (101) "Recidivist" means an individual convicted two (2) or more times of
4 any offense requiring registration under this chapter.
5 (112) "Residence" means the offender's present place of abode.
6 (123) "Student" means a person who is enrolled on a full-time or part-
7 time basis, in any public or private educational institution, including any
8 secondary school, trade or professional institution or institution of higher
9 education.
10 (134) "Violent sexual predator" means a person who has been convicted of
11 an offense listed in section 18-8312, Idaho Code, and who has been determined
12 to pose a risk of committing an offense or engaging in predatory sexual con-
13 duct.
14 SECTION 2. That Section 18-8304, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 18-8304. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
17 apply to any person who:
18 (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a
19 solicitation, or a conspiracy to commit a crime provided for in section
20 18-909 (assault with attempt to commit rape, infamous crime against
21 nature, or lewd and lascivious conduct with a minor, but excluding mayhem,
22 murder or robbery), 18-911 (battery with attempt to commit rape, infamous
23 crime against nature, or lewd and lascivious conduct with a minor, but
24 excluding mayhem, murder or robbery), 18-1506 (sexual abuse of a child
25 under sixteen years of age), 18-1506A (ritualized abuse of a child),
26 18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually
27 exploitative material for other than a commercial purpose), 18-1508 (lewd
28 conduct with a minor child), 18-1508A (sexual battery of a minor child
29 sixteen or seventeen years of age), 18-4003(d) (murder committed in perpe-
30 tration of rape or in perpetration of lewd conduct with a child less than
31 twelve years of age), 18-4116 (indecent exposure, but excluding a misde-
32 meanor conviction), 18-4502 (first degree kidnapping committed for the
33 purpose of rape, committing the infamous crime against nature or for com-
34 mitting any lewd and lascivious act upon any child under the age of six-
35 teen, or for purposes of sexual gratification or arousal), 18-4503 (second
36 degree kidnapping where the victim is an unrelated minor child), 18-6101
37 (rape, but excluding 18-6101(1) where the defendant is eighteen years of
38 age or younger), 18-6108 (male rape), 18-6602 (incest), 18-6605 (crime
39 against nature), or 18-6608, Idaho Code (forcible sexual penetration by
40 use of a foreign object);
41 (b) Enters the state on or after July 1, 1993, and who has been convicted
42 of any crime, an attempt, a solicitation or a conspiracy to commit a crime
43 in another state, territory, commonwealth, or other jurisdiction of the
44 United States, including tribal courts and military courts, that is sub-
45 stantially equivalent to the offenses listed in subsection (1)(a) of this
46 section.
47 (c) Pleads guilty to or has been found guilty of a crime covered in this
48 chapter prior to July 1, 1993, and the person, as a result of the offense,
49 is incarcerated in a county jail facility or a penal facility or is under
50 probation or parole supervision, on or after July 1, 1993.
51 (d) Is a nonresident regularly employed or working in Idaho or is a stu-
52 dent in the state of Idaho and was convicted, found guilty or pleaded
53 guilty to a crime covered by this chapter and, as a result of such convic-
3
1 tion, finding or plea, is required to register in his state of residence.
2 (2) The provisions of this chapter shall not apply to any such person
3 while the person is incarcerated in a correctional institution of the depart-
4 ment of correction, a county jail facility or committed to a mental health
5 institution of the department of health and welfare.
6 (3) A conviction for purposes of this chapter means that the person has
7 pled guilty or has been found guilty, notwithstanding the form of the judgment
8 or withheld judgment.
9 SECTION 3. That Section 18-8310, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 18-8310. RELEASE FROM REGISTRATION REQUIREMENTS -- EXPUNGEMENT. (1) Any
12 person, other than a recidivist, an offender who has been convicted of an
13 aggravated offense, or an offender designated as a violent sexual predator,
14 may, after a period of ten (10) years from the date the person was released
15 from incarceration or placed on parole, supervised release or probation,
16 whichever is greater, petition the district court for a show cause hearing to
17 determine whether the person shall be exempted from the duty to register as a
18 sexual offender. In the petition the petitioner shall:
19 (a) Provide clear and convincing evidence that the petitioner is not a
20 risk to commit a new violation for any violent crime or crime identified
21 in section 18-8304, Idaho Code;
22 (b) Provide an affidavit indicating that the petitioner does not have a
23 criminal charge pending nor is the petitioner knowingly under criminal
24 investigation for any violent crime or crime identified in section
25 18-8304, Idaho Code;
26 (c) Provide proof of service of such petition upon the county prosecuting
27 attorney for the county in which the application is made; and
28 (d) Provide a certified copy of the judgment of conviction which caused
29 the petitioner to report as a sexual offender.
30 The district court may grant a hearing if it finds that the petition is
31 sufficient. The court shall provide at least sixty (60) days' prior notice of
32 the hearing to the petitioner and the county prosecuting attorney.
33 The court may exempt the petitioner from the reporting requirement only
34 after a hearing on the petition in open court and only upon proof by clear and
35 convincing evidence that the petitioner is not a risk to commit a new viola-
36 tion for any violent crime or crime identified in section 18-8304, Idaho Code.
37 (2) Concurrent with the entry of any order exempting the petitioner from
38 the reporting requirement, the court may further order that any information
39 regarding the petitioner be expunged from the central registry.
STATEMENT OF PURPOSE
RS 10461C1
This legislation, in effect, creates a new category of sex
offender, that of the aggravated offender. The legislation
accomplishes this by defining the term "aggravated offense" in
Idaho Code Section 18-8303. Aggravated offenses are those sex crimes
which are of a very serious nature.
The legislation also amends Idaho Code Section 18-8310, which provides for the release of sex
offenders from registration requirements. The legislation provides
that an individual who is convicted of an aggravated offense may
not petition a court to be released from the requirement to
register as a sex offender.
In addition to the aggravated offense provisions, the legislation
also makes a technical correction to Idaho Code Section 18-8304,
by deleting language which is confusing, and which does not describe
a chargeable offense.
FISCAL IMPACT
This legislation has no fiscal impact to the general fund.
ContactName: Senator Denton Darrington
Phone: 332-1317
STATEMENT OF PURPOSE/FISCAL NOTE S 117