1999 Legislation
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SENATE BILL NO. 1090 – Sex offender register, nonresident


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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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1090

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT

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        ( 5  6 )  "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        ( 6  7 )  "Offense" means a sexual offense listed in
36    section 18-8304, Idaho Code.
37        (  7   8 )  "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        ( 8  9 )  "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.


 1        (  9   10 ) "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        (1  0   2 ) "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.
53        (2)  The  provisions  of  this  chapter shall not apply to any such person


 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:

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;


 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 / Fiscal Impact

                       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
                                          STATEMENT OF PURPOSE/FISCAL NOTE    S 1090