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S1150aa..............................................by JUDICIARY AND RULES
DRUG PUSHER REGISTRATION - Adds to and amends existing law to provide for
drug pusher registration; to provide a short title; to provide a statement
of legislative findings; to define terms; to establish a central drug
pusher registry and to provide for agency responsibility; to require notice
of the duty to register; to require local and annual registration; to
require notification of a change of address or name; to provide for release
from registration requirements and expungement from the registry; to
provide penalties; to provide for public access to the drug pusher offender
registry information; to provide penalties for vigilantism and other misuse
of drug pusher offender registry information; and to provide restrictions
regarding applications for change of name for certain convicted drug
pushers.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/22 Rpt out - to 14th Ord
Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
03/06 3rd rdg as amen - 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 -- Sandy
Title apvd - to House
03/07 House intro - 1st rdg - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1150
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 THE CHAPTER, TO ESTABLISH A CENTRAL DRUG PUSHER REGISTRY AND PRO-
7 VIDE FOR 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 PROVIDE FOR RELEASE FROM REGISTRATION
10 REQUIREMENTS AND EXPUNGEMENT FROM THE REGISTRY, TO PROVIDE PENALTIES, TO
11 PROVIDE FOR PUBLIC ACCESS TO THE DRUG PUSHER OFFENDER REGISTRY INFORMA-
12 TION, TO PROVIDE FOR THE DISSEMINATION OF REGISTRY INFORMATION, TO PROVIDE
13 EXEMPTION FROM CIVIL LIABILITY AND TO PROVIDE PENALTIES FOR VIGILANTISM OR
14 OTHER MISUSE OF INFORMATION OBTAINED UNDER THIS CHAPTER; AND AMENDING SEC-
15 TION 7-805, IDAHO CODE, TO PROVIDE FOR CERTAIN RESTRICTIONS REGARDING
16 APPLICATIONS FOR CHANGE OF NAME FOR CERTAIN CONVICTED DRUG PUSHERS.
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 state police pursuant to this chapter.
6 (2) "Department" means the Idaho state police.
7 (3) "Incarceration" means committed to the custody of the Idaho depart-
8 ment of correction or county jail, but excluding cases where the court has
9 retained jurisdiction.
10 (4) "Offender" or "drug pusher" means an individual convicted of an
11 offense listed and described in section 18-9004, Idaho Code, or a substan-
12 tially similar offense under the laws of another state or in a federal, tribal
13 or military court or the court of another country.
14 (5) "Offense" means an offense listed in section 18-9004, Idaho Code.
15 (6) "Residence" means the offender's present place of abode.
16 18-9004. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
17 apply to any person who:
18 (a) On or after January 1, 2002, is convicted of a felony violation
19 under section 37-2732(a)(1)(A) (manufacture or deliver a schedule I nar-
20 cotic or manufacture or deliver a schedule II controlled substance), sec-
21 tion 37-2732(a)(1)(B) (manufacture or deliver a nonnarcotic schedule I
22 controlled substance or manufacture or deliver a schedule III controlled
23 substance), section 37-2732(a)(1)(C) (manufacture or deliver a schedule
24 IV controlled substance), section 37-2732B (trafficking), section 37-2734B
25 (deliver, possess with intent to deliver, or manufacture with intent to
26 deliver drug paraphernalia), section 37-2737 (distribution to persons
27 under age eighteen) or section 37-2737A (manufacture or delivery of con-
28 trolled substance where children are present), Idaho Code, or any
29 attempt, racketeering, solicitation, conspiracy or aiding or abetting any
30 of the above offenses and such person has been convicted of a felony
31 violation of one (1) or more of the above offenses in this state prior to
32 January 1, 2002, or has been convicted of a felony violation of any sub-
33 stantially equivalent offense in another state, territory, commonwealth or
34 other jurisdiction of the United States, including tribal courts and mili-
35 tary courts prior to January 1, 2002;
36 (b) Is not required to register pursuant to subsection (1)(a) of this
37 section, and who on or after January 1, 2002, is convicted, whether in
38 this state or in another state, territory, commonwealth or other jurisdic-
39 tion of the United States, including tribal courts and military courts, of
40 two (2) or more crimes, attempts, racketeering, solicitation, conspiracies
41 to commit or aiding and abetting a crime listed in subsection (1)(a) of
42 this section if committed within this state or of any substantially equiv-
43 alent offense in any another jurisdiction.
44 (2) With the exception of section 18-9006(1), Idaho Code, the provisions
45 of this chapter shall not apply to any such person while the person is incar-
46 cerated in a correctional facility, a county jail facility or committed to a
47 mental health institution of the department of health and welfare.
48 (3) A conviction for purposes of this chapter means that the person has
49 pled guilty or has been found guilty, notwithstanding the form of the judgment
50 or withheld judgment.
51 (4) For purposes of this section, any person who pleads guilty to or is
52 found guilty of a violation of the applicable sections of the Idaho Code enu-
53 merated in subsection (1)(a) of this section or any substantially conforming
3
1 criminal violations, notwithstanding the form of the judgment(s) or withheld
2 judgment(s), shall be deemed to be a conviction or convictions.
3 18-9005. CENTRAL REGISTRY -- NOTICE TO AGENCIES. (1) The department shall
4 establish and maintain a central drug pusher registry separate from other
5 records maintained by the department. The registry shall include, but is not
6 limited to, fingerprints, photographs, and other information collected from
7 submitted forms and other communications relating to notice of duty to regis-
8 ter, drug pusher registration and notice of address change.
9 (2) Upon receipt of information pursuant to section 18-9007, Idaho Code,
10 the department shall notify the law enforcement agencies having jurisdiction
11 where the offender resides or will reside, enter information in the central
12 registry, and transmit the appropriate information as required by the federal
13 bureau of investigation for inclusion in a national drug pusher registry when
14 one exists. Upon receipt of a notice of an offender changing residence to
15 another state, the department shall notify the central registry of the state
16 to which the offender is moving if a registry exists. The department shall
17 adopt rules relating to providing notice of address changes to law enforcement
18 agencies, developing forms, operating the central registry, reviewing and cor-
19 recting records, and expunging records of persons who are deceased, whose con-
20 victions have been reversed or who have been pardoned, and those for whom an
21 order of expungement or relief from registration has been entered pursuant to
22 section 18-9009, Idaho Code.
23 (3) The department shall develop and distribute to appropriate agencies
24 the standardized forms necessary for the administration of the registry and
25 shall provide appropriate agencies with instructions for completing and sub-
26 mitting the forms. The attorney general shall approve the forms and instruc-
27 tions prior to distribution.
28 18-9006. NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION. (1) A per-
29 son convicted of a felony offense identified in section 18-9004, Idaho Code,
30 and released on probation without a sentence of incarceration in a county jail
31 or correctional facility, including release pursuant to a withheld judgment,
32 shall be notified by the sentencing court of the duty to register pursuant to
33 the provisions of this chapter. The court or the court's designee shall ensure
34 that the written notification shall be completed on a form provided by the
35 department and approved by the attorney general and shall be signed by the
36 defendant. The court shall retain one (1) copy, provide one (1) copy to the
37 offender, and submit one (1) copy to the central registry within three (3)
38 working days of release.
39 (2) With respect to an offender convicted of a drug offense identified in
40 section 18-9004, Idaho Code, and sentenced to a period of incarceration in a
41 county jail or correctional facility or committed to a mental health institu-
42 tion and subsequently released, placed on probation, or paroled, the depart-
43 ment of correction, jail or mental health institution shall provide, prior
44 to release from confinement, written notification of the duty to register. The
45 written notification shall be on a form provided by the department and
46 approved by the attorney general and shall be signed by the offender. The
47 department of correction or jail shall retain one (1) copy, provide one (1)
48 copy to the offender, and submit one (1) copy to the central registry within
49 three (3) working days of release.
50 (3) The sheriff of each county shall provide written notification, on a
51 form provided by the department of transportation and approved by the attorney
52 general, of the registration requirements of this chapter to any person who
53 enters this state from another jurisdiction and makes an application for a
4
1 license to operate a motor vehicle in this state or personal identification
2 card. The form shall include language that the applicant has read the form
3 before signing it. The written notice shall be signed by the applicant. One
4 (1) copy of the form shall be retained by the sheriff's office and one (1)
5 copy of the form shall be provided to the applicant.
6 (4) Notification of the duty to register as set forth in subsections (1)
7 and (2) of this section shall constitute an initial registration for the pur-
8 pose of establishing a record in the central registry.
9 (5) The notification form provided by the department and approved by the
10 attorney general shall:
11 (a) Explain the duty to register, the procedure for registration and pen-
12 alty for failure to comply with registration requirements;
13 (b) Inform the offender of the requirement to provide notice of any
14 change of address within Idaho or to another state within five (5) days of
15 such change;
16 (c) Inform the offender of the requirement to register in a new state
17 within ten (10) days of changing residence to that state if a registry
18 exists; and
19 (d) Obtain from the offender and agency or court, information required
20 for initial registration in the central registry, as prescribed by rules
21 promulgated by the department.
22 (6) The official conducting the notice and initial registration shall
23 ensure that the notification form is complete, that the offender has signed
24 the form verifying that he has read it, and that a copy is forwarded to the
25 central repository within the required time period.
26 (7) Information required for initial registration in the central registry
27 shall include, but is not limited to: name and aliases of the offender; social
28 security number; physical descriptors; current address or physical description
29 of current residence; offense for which convicted, sentence and conditions of
30 release; treatment or counseling received; and risk assessment or special cat-
31 egory of offender.
32 (8) No person subject to registration shall willfully furnish false or
33 misleading information when complying with registration and notification
34 requirements of this chapter.
35 18-9007. LOCAL AND ANNUAL REGISTRATION. (1) Within ten (10) days of com-
36 ing into any county to establish residence or temporary domicile, an offender
37 who is required to register shall register with the sheriff of the county. The
38 offender thereafter shall update the registration annually. If the offender
39 intends to reside in another state, the offender shall register in the other
40 state within ten (10) days of moving to that state.
41 (2) Annual registration shall be conducted as follows:
42 (a) With the exception of those offenders described in section
43 18-9004(2), Idaho Code, on or about the first day of the month containing
44 the anniversary date of the initial registration, the department shall
45 mail a nonforwardable notice of annual registration to the offender's last
46 reported address;
47 (b) Within ten (10) days of the mailing date of the notice, the offender
48 shall appear in person at the office of the sheriff with jurisdiction for
49 the purpose of completing the registration process;
50 (c) If the notice is returned to the department as not delivered, the
51 department shall inform the sheriff with whom the offender last registered
52 of the returned notice.
53 (d) Within ten (10) days of their release from the department of correc-
54 tion, county jail or mental health institution, offenders who have been
5
1 subject to initial or annual registration requirements of this chapter who
2 later were exempted from application of the chapter pursuant to section
3 18-9004(2), Idaho Code, shall appear in person at the office of the sher-
4 iff with jurisdiction for the purpose of completing the registration proc-
5 ess.
6 (3) Registration, whether initial or annual, shall consist of a form pro-
7 vided by the department and approved by the attorney general, which shall be
8 signed by the offender and shall require the following information about the
9 offender:
10 (a) Name and all aliases which the person has used or under which the
11 person has been known;
12 (b) A complete description of the person including the date of birth and
13 social security number;
14 (c) Name of each offense enumerated in section 18-9004, Idaho Code, of
15 which the person was convicted, where each offense was committed, where
16 the person was convicted of each offense, and the name under which the
17 person was convicted of each offense;
18 (d) The name and location of each hospital, jail or penal institution to
19 which the person was committed for each offense covered under this chap-
20 ter;
21 (e) School or college enrollment; and
22 (f) Address or physical description of current residence and place of
23 employment.
24 (4) At the time of annual registration, the sheriff shall obtain a photo-
25 graph and fingerprints, in a manner approved by the department, and may
26 require the offender to provide full palm print impressions of each hand. An
27 offender shall pay a fee of forty dollars ($40.00) to the sheriff at the time
28 of each registration. The fees collected under this section shall be used by
29 the sheriff to defray the costs of drug pusher registration.
30 (5) The sheriff shall forward the completed and signed form, photograph
31 and fingerprints to the department within three (3) working days of the regis-
32 tration.
33 (6) The official conducting the initial registration shall ensure that
34 the notification form is complete and that the offender has signed the form
35 verifying that he has read it.
36 (7) No person subject to registration shall furnish false or misleading
37 information when complying with registration and notification requirements of
38 this chapter.
39 (8) The sheriff, or appointed deputies, may visit the residence of a reg-
40 istered drug pusher within the county at any reasonable time to verify the
41 address provided at the time of registration.
42 18-9008. CHANGE OF ADDRESS OR NAME. (1) If a registered offender changes
43 address or actual residence, the offender shall provide written notice of the
44 new address within five (5) days after the change to the sheriff of the county
45 where the offender is required to register and to the department. The notice
46 shall be on a form provided by the department. Within three (3) working days
47 after receipt of the notice, the sheriff shall forward a copy of the notice to
48 the department.
49 (2) If a registered offender changes address to another state, the
50 offender shall provide written notice of the new address within five (5) days
51 after the change to the department and to the sheriff of the county where the
52 offender is required to register.
53 (3) A registered offender whose legal name is changed by marriage, judi-
54 cial order or any other means shall provide written notice of the name change
6
1 to the sheriff and the department within five (5) days of the order, event or
2 other occurrence.
3 (4) The sheriff may charge a fee of twenty dollars ($20.00) for process-
4 ing the change of address, residence or name.
5 18-9009. RELEASE FROM REGISTRATION REQUIREMENTS -- EXPUNGEMENT. (1) Any
6 person who is required to register, may, after a period of ten (10) years
7 from the date the person was released from incarceration or commitment to a
8 mental health institution of the department of health and welfare, or placed
9 on parole, supervised release or probation, whichever is greater, petition the
10 district court for a show cause hearing to determine whether the person shall
11 be exempted from the duty to register under this chapter. In the petition the
12 petitioner shall:
13 (a) Provide clear and convincing evidence that the petitioner is not at
14 risk to commit a new violation of any violent crime or crime identified in
15 section 18-9004, Idaho Code;
16 (b) Provide an affidavit indicating that the petitioner does not have a
17 criminal charge pending nor is the petitioner knowingly under criminal
18 investigation for any violent crime or crime identified in section
19 18-9004, Idaho Code;
20 (c) Provide proof of service of such petition upon the county prosecuting
21 attorney for the county in which the application is made; and
22 (d) Provide a certified copy of the judgment which caused the petitioner
23 to report as a drug pusher.
24 The district court may grant a hearing if it finds that the petition is
25 sufficient. The court shall provide at least sixty (60) days' prior notice of
26 the hearing to the petitioner and the county prosecuting attorney.
27 The court may exempt the petitioner from the reporting requirement only
28 after a hearing on the petition in open court and only upon proof by clear and
29 convincing evidence that the petitioner is not at risk to commit a new viola-
30 tion of any violent crime or crime identified in section 18-9004, Idaho Code.
31 (2) Concurrent with the entry of any order exempting the petitioner from
32 the reporting requirement, the court may further order that any information
33 regarding the petitioner be expunged from the central registry.
34 18-9010. PENALTIES. (1) An offender subject to registration who fails to
35 register or provide any notice as required by this chapter shall be guilty of
36 a felony and shall be punished by imprisonment in the state prison system for
37 a period not to exceed five (5) years and by a fine not to exceed five thou-
38 sand dollars ($5,000). If the offender is on probation or other supervised
39 release or suspension from incarceration at the time of the violation, the
40 probation or supervised release or suspension shall be revoked and the penalty
41 for violating this chapter shall be served consecutively to the offender's
42 original sentence.
43 (2) An offender subject to registration under this chapter, who willfully
44 provides false or misleading information in the registration required, shall
45 be guilty of a felony and shall be punished by imprisonment in a state prison
46 for a period not to exceed five (5) years and a fine not to exceed five thou-
47 sand dollars ($5,000).
48 18-9011. PUBLIC ACCESS TO DRUG PUSHER OFFENDER REGISTRY INFORMATION.
49 Information within the drug pusher offender registry collected pursuant to
50 this chapter is subject to release only as provided by this section.
51 (1) The department shall provide public access to information contained
52 in the central drug pusher offender registry by written request only. The
7
1 department, after consultation with and input from sheriffs of the state,
2 shall promulgate rules defining the processes for providing information to the
3 public and the requirements for retention of inquiry records by the depart-
4 ment.
5 (2) The department will respond to requests for drug pusher offender reg-
6 istry information within ten (10) working days of receipt of the written
7 request.
8 (a) Any person may inquire about a named individual by submitting an
9 information request form obtained from the department or sheriff. The
10 department shall promulgate rules outlining the methods and means of sub-
11 mitting requests. Information required for inquiry shall include the
12 individual's full name and address, or full name and date of birth. The
13 requester shall provide his full name, street address and driver's
14 license, social security number or state identification number.
15 (b) Any person may request a list of registered drug pushers by geo-
16 graphic area, such as by county or by zip code area, as determined by
17 rule, by submitting an information request form obtained from the depart-
18 ment. The requester shall provide his full name, street address and
19 driver's license, social security number, or state identification number.
20 (c) Schools or organizations working with youth or other vulnerable popu-
21 lations may request a statewide list or lists by geographic area within
22 the state.
23 (d) The department may collect a fee of five dollars ($5.00) for each
24 inquiry response.
25 (e) Information to be provided includes the offender's name, address, any
26 aliases or prior names, date of birth, the crime of conviction and the
27 place of conviction.
28 (f) Identity of the offender's employer or educational institution cur-
29 rently attended will not be provided for any registered drug pusher.
30 (g) Information identifying any person related to, living with, working
31 for, employing or otherwise associated with a registered drug pusher shall
32 be excluded from release.
33 (3) The department shall provide to any person, upon written request and
34 at a reasonable cost, determined by the department, a photograph of any regis-
35 tered drug pusher which the department maintains in its central drug pusher
36 offender registry. The department shall respond to requests for photographs
37 within fifteen (15) working days of receipt.
38 (4) Fees received by the department pursuant to this section shall be
39 deposited in the department's miscellaneous revenue fund and used to support
40 the operation of the central registry.
41 (5) The department shall include a cautionary statement relating to com-
42 pleteness, accuracy and use of registry information when releasing information
43 to the public or noncriminal justice agencies as well as a statement concern-
44 ing the penalties provided in section 18-9014, Idaho Code, for misuse of reg-
45 istry information.
46 (6) Information released pursuant to this section may be used only for
47 the protection of the public.
48 (7) Further dissemination of registry information by any person or entity
49 shall include the cautionary statements required in subsection (5) of this
50 section.
51 18-9012. DISSEMINATION OF REGISTRY INFORMATION. (1) The department shall
52 disseminate any registration information collected under this chapter, includ-
53 ing change of address notification, to any law enforcement agency upon
54 request.
8
1 (2) The department shall disseminate any registration information col-
2 lected under this chapter including change of address notification, to crimi-
3 nal justice agencies through the telecommunications system established in sec-
4 tion 19-5202, Idaho Code. Registry information provided under this section
5 shall be used only for the administration of criminal justice or for the pro-
6 tection of the public as permitted by this chapter.
7 (3) 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 (4) 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 (5) 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 (6) Information released pursuant to this section may be used only for
26 the protection of the public.
27 (7) Further dissemination of registry information by any person or entity
28 shall include the cautionary statements required in subsection (5) 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 state police, central sexual offender registry or central drug pusher
10 offender registry. This notice shall include the offender's name prior to
11 change, new name, social security number, date of birth and last known
12 address.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Sandy
Seconded by Darrington
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1150
1 AMENDMENTS TO SECTION 1
2 On page 5 of the printed bill, in line 24, following "(4)" insert: "An
3 offender shall pay a fee of forty dollars ($40.00) to the sheriff at the time
4 of each registration."; in line 26, delete "An"; delete line 27; in line 28,
5 delete "of each registration.".
6 On page 8, in line 30, delete "CIVIL" and insert: "CERTAIN"; also in line
7 30, following "LIABILITY." insert: "(1) No person or governmental entity,
8 other than those specifically charged in this chapter with a duty to collect
9 information under this chapter regarding registered drug pusher offenders, has
10 a duty to inquire, investigate or disclose any information regarding regis-
11 tered drug pusher offenders.
12 (2) No person or governmental entity, other than those specifically
13 charged in this chapter with an affirmative duty to provide public access to
14 information regarding registered drug pusher offenders, shall be held liable
15 for any failure to disclose any information regarding registered drug pusher
16 offenders to any other person or entity.
17 (3) Every person or governmental entity who, acting without malice or
18 criminal intent, obtains or disseminates information under this chapter shall
19 be immune from civil liability for any damages claimed as a result of such
20 disclosures made or received.";
21 and also in line 30, preceding "No" insert: "(4)".
22 CORRECTION TO TITLE
23 On page 1, in line 13, delete "CIVIL" and insert: "CERTAIN".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1150, 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 THE CHAPTER, TO ESTABLISH A CENTRAL DRUG PUSHER REGISTRY AND PRO-
7 VIDE FOR 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 PROVIDE FOR RELEASE FROM REGISTRATION
10 REQUIREMENTS AND EXPUNGEMENT FROM THE REGISTRY, TO PROVIDE PENALTIES, TO
11 PROVIDE FOR PUBLIC ACCESS TO THE DRUG PUSHER OFFENDER REGISTRY INFORMA-
12 TION, TO PROVIDE FOR THE DISSEMINATION OF REGISTRY INFORMATION, TO PROVIDE
13 EXEMPTION FROM CERTAIN LIABILITY AND TO PROVIDE PENALTIES FOR VIGILANTISM
14 OR OTHER MISUSE OF INFORMATION OBTAINED UNDER THIS CHAPTER; AND AMENDING
15 SECTION 7-805, IDAHO CODE, TO PROVIDE FOR CERTAIN RESTRICTIONS REGARDING
16 APPLICATIONS FOR CHANGE OF NAME FOR CERTAIN CONVICTED DRUG PUSHERS.
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 state police pursuant to this chapter.
6 (2) "Department" means the Idaho state police.
7 (3) "Incarceration" means committed to the custody of the Idaho depart-
8 ment of correction or county jail, but excluding cases where the court has
9 retained jurisdiction.
10 (4) "Offender" or "drug pusher" means an individual convicted of an
11 offense listed and described in section 18-9004, Idaho Code, or a substan-
12 tially similar offense under the laws of another state or in a federal, tribal
13 or military court or the court of another country.
14 (5) "Offense" means an offense listed in section 18-9004, Idaho Code.
15 (6) "Residence" means the offender's present place of abode.
16 18-9004. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
17 apply to any person who:
18 (a) On or after January 1, 2002, is convicted of a felony violation
19 under section 37-2732(a)(1)(A) (manufacture or deliver a schedule I nar-
20 cotic or manufacture or deliver a schedule II controlled substance), sec-
21 tion 37-2732(a)(1)(B) (manufacture or deliver a nonnarcotic schedule I
22 controlled substance or manufacture or deliver a schedule III controlled
23 substance), section 37-2732(a)(1)(C) (manufacture or deliver a schedule
24 IV controlled substance), section 37-2732B (trafficking), section 37-2734B
25 (deliver, possess with intent to deliver, or manufacture with intent to
26 deliver drug paraphernalia), section 37-2737 (distribution to persons
27 under age eighteen) or section 37-2737A (manufacture or delivery of con-
28 trolled substance where children are present), Idaho Code, or any
29 attempt, racketeering, solicitation, conspiracy or aiding or abetting any
30 of the above offenses and such person has been convicted of a felony
31 violation of one (1) or more of the above offenses in this state prior to
32 January 1, 2002, or has been convicted of a felony violation of any sub-
33 stantially equivalent offense in another state, territory, commonwealth or
34 other jurisdiction of the United States, including tribal courts and mili-
35 tary courts prior to January 1, 2002;
36 (b) Is not required to register pursuant to subsection (1)(a) of this
37 section, and who on or after January 1, 2002, is convicted, whether in
38 this state or in another state, territory, commonwealth or other jurisdic-
39 tion of the United States, including tribal courts and military courts, of
40 two (2) or more crimes, attempts, racketeering, solicitation, conspiracies
41 to commit or aiding and abetting a crime listed in subsection (1)(a) of
42 this section if committed within this state or of any substantially equiv-
43 alent offense in any another jurisdiction.
44 (2) With the exception of section 18-9006(1), Idaho Code, the provisions
45 of this chapter shall not apply to any such person while the person is incar-
46 cerated in a correctional facility, a county jail facility or committed to a
47 mental health institution of the department of health and welfare.
48 (3) A conviction for purposes of this chapter means that the person has
49 pled guilty or has been found guilty, notwithstanding the form of the judgment
50 or withheld judgment.
51 (4) For purposes of this section, any person who pleads guilty to or is
52 found guilty of a violation of the applicable sections of the Idaho Code enu-
53 merated in subsection (1)(a) of this section or any substantially conforming
3
1 criminal violations, notwithstanding the form of the judgment(s) or withheld
2 judgment(s), shall be deemed to be a conviction or convictions.
3 18-9005. CENTRAL REGISTRY -- NOTICE TO AGENCIES. (1) The department shall
4 establish and maintain a central drug pusher registry separate from other
5 records maintained by the department. The registry shall include, but is not
6 limited to, fingerprints, photographs, and other information collected from
7 submitted forms and other communications relating to notice of duty to regis-
8 ter, drug pusher registration and notice of address change.
9 (2) Upon receipt of information pursuant to section 18-9007, Idaho Code,
10 the department shall notify the law enforcement agencies having jurisdiction
11 where the offender resides or will reside, enter information in the central
12 registry, and transmit the appropriate information as required by the federal
13 bureau of investigation for inclusion in a national drug pusher registry when
14 one exists. Upon receipt of a notice of an offender changing residence to
15 another state, the department shall notify the central registry of the state
16 to which the offender is moving if a registry exists. The department shall
17 adopt rules relating to providing notice of address changes to law enforcement
18 agencies, developing forms, operating the central registry, reviewing and cor-
19 recting records, and expunging records of persons who are deceased, whose con-
20 victions have been reversed or who have been pardoned, and those for whom an
21 order of expungement or relief from registration has been entered pursuant to
22 section 18-9009, Idaho Code.
23 (3) The department shall develop and distribute to appropriate agencies
24 the standardized forms necessary for the administration of the registry and
25 shall provide appropriate agencies with instructions for completing and sub-
26 mitting the forms. The attorney general shall approve the forms and instruc-
27 tions prior to distribution.
28 18-9006. NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION. (1) A per-
29 son convicted of a felony offense identified in section 18-9004, Idaho Code,
30 and released on probation without a sentence of incarceration in a county jail
31 or correctional facility, including release pursuant to a withheld judgment,
32 shall be notified by the sentencing court of the duty to register pursuant to
33 the provisions of this chapter. The court or the court's designee shall ensure
34 that the written notification shall be completed on a form provided by the
35 department and approved by the attorney general and shall be signed by the
36 defendant. The court shall retain one (1) copy, provide one (1) copy to the
37 offender, and submit one (1) copy to the central registry within three (3)
38 working days of release.
39 (2) With respect to an offender convicted of a drug offense identified in
40 section 18-9004, Idaho Code, and sentenced to a period of incarceration in a
41 county jail or correctional facility or committed to a mental health institu-
42 tion and subsequently released, placed on probation, or paroled, the depart-
43 ment of correction, jail or mental health institution shall provide, prior
44 to release from confinement, written notification of the duty to register. The
45 written notification shall be on a form provided by the department and
46 approved by the attorney general and shall be signed by the offender. The
47 department of correction or jail shall retain one (1) copy, provide one (1)
48 copy to the offender, and submit one (1) copy to the central registry within
49 three (3) working days of release.
50 (3) The sheriff of each county shall provide written notification, on a
51 form provided by the department of transportation and approved by the attorney
52 general, of the registration requirements of this chapter to any person who
53 enters this state from another jurisdiction and makes an application for a
4
1 license to operate a motor vehicle in this state or personal identification
2 card. The form shall include language that the applicant has read the form
3 before signing it. The written notice shall be signed by the applicant. One
4 (1) copy of the form shall be retained by the sheriff's office and one (1)
5 copy of the form shall be provided to the applicant.
6 (4) Notification of the duty to register as set forth in subsections (1)
7 and (2) of this section shall constitute an initial registration for the pur-
8 pose of establishing a record in the central registry.
9 (5) The notification form provided by the department and approved by the
10 attorney general shall:
11 (a) Explain the duty to register, the procedure for registration and pen-
12 alty for failure to comply with registration requirements;
13 (b) Inform the offender of the requirement to provide notice of any
14 change of address within Idaho or to another state within five (5) days of
15 such change;
16 (c) Inform the offender of the requirement to register in a new state
17 within ten (10) days of changing residence to that state if a registry
18 exists; and
19 (d) Obtain from the offender and agency or court, information required
20 for initial registration in the central registry, as prescribed by rules
21 promulgated by the department.
22 (6) The official conducting the notice and initial registration shall
23 ensure that the notification form is complete, that the offender has signed
24 the form verifying that he has read it, and that a copy is forwarded to the
25 central repository within the required time period.
26 (7) Information required for initial registration in the central registry
27 shall include, but is not limited to: name and aliases of the offender; social
28 security number; physical descriptors; current address or physical description
29 of current residence; offense for which convicted, sentence and conditions of
30 release; treatment or counseling received; and risk assessment or special cat-
31 egory of offender.
32 (8) No person subject to registration shall willfully furnish false or
33 misleading information when complying with registration and notification
34 requirements of this chapter.
35 18-9007. LOCAL AND ANNUAL REGISTRATION. (1) Within ten (10) days of com-
36 ing into any county to establish residence or temporary domicile, an offender
37 who is required to register shall register with the sheriff of the county. The
38 offender thereafter shall update the registration annually. If the offender
39 intends to reside in another state, the offender shall register in the other
40 state within ten (10) days of moving to that state.
41 (2) Annual registration shall be conducted as follows:
42 (a) With the exception of those offenders described in section
43 18-9004(2), Idaho Code, on or about the first day of the month containing
44 the anniversary date of the initial registration, the department shall
45 mail a nonforwardable notice of annual registration to the offender's last
46 reported address;
47 (b) Within ten (10) days of the mailing date of the notice, the offender
48 shall appear in person at the office of the sheriff with jurisdiction for
49 the purpose of completing the registration process;
50 (c) If the notice is returned to the department as not delivered, the
51 department shall inform the sheriff with whom the offender last registered
52 of the returned notice.
53 (d) Within ten (10) days of their release from the department of correc-
54 tion, county jail or mental health institution, offenders who have been
5
1 subject to initial or annual registration requirements of this chapter who
2 later were exempted from application of the chapter pursuant to section
3 18-9004(2), Idaho Code, shall appear in person at the office of the sher-
4 iff with jurisdiction for the purpose of completing the registration proc-
5 ess.
6 (3) Registration, whether initial or annual, shall consist of a form pro-
7 vided by the department and approved by the attorney general, which shall be
8 signed by the offender and shall require the following information about the
9 offender:
10 (a) Name and all aliases which the person has used or under which the
11 person has been known;
12 (b) A complete description of the person including the date of birth and
13 social security number;
14 (c) Name of each offense enumerated in section 18-9004, Idaho Code, of
15 which the person was convicted, where each offense was committed, where
16 the person was convicted of each offense, and the name under which the
17 person was convicted of each offense;
18 (d) The name and location of each hospital, jail or penal institution to
19 which the person was committed for each offense covered under this chap-
20 ter;
21 (e) School or college enrollment; and
22 (f) Address or physical description of current residence and place of
23 employment.
24 (4) An offender shall pay a fee of forty dollars ($40.00) to the sheriff
25 at the time of each registration. At the time of annual registration, the
26 sheriff shall obtain a photograph and fingerprints, in a manner approved by
27 the department, and may require the offender to provide full palm print
28 impressions of each hand. The fees collected under this section shall be used
29 by the sheriff to defray the costs of drug pusher registration.
30 (5) The sheriff shall forward the completed and signed form, photograph
31 and fingerprints to the department within three (3) working days of the regis-
32 tration.
33 (6) The official conducting the initial registration shall ensure that
34 the notification form is complete and that the offender has signed the form
35 verifying that he has read it.
36 (7) No person subject to registration shall furnish false or misleading
37 information when complying with registration and notification requirements of
38 this chapter.
39 (8) The sheriff, or appointed deputies, may visit the residence of a reg-
40 istered drug pusher within the county at any reasonable time to verify the
41 address provided at the time of registration.
42 18-9008. CHANGE OF ADDRESS OR NAME. (1) If a registered offender changes
43 address or actual residence, the offender shall provide written notice of the
44 new address within five (5) days after the change to the sheriff of the county
45 where the offender is required to register and to the department. The notice
46 shall be on a form provided by the department. Within three (3) working days
47 after receipt of the notice, the sheriff shall forward a copy of the notice to
48 the department.
49 (2) If a registered offender changes address to another state, the
50 offender shall provide written notice of the new address within five (5) days
51 after the change to the department and to the sheriff of the county where the
52 offender is required to register.
53 (3) A registered offender whose legal name is changed by marriage, judi-
54 cial order or any other means shall provide written notice of the name change
6
1 to the sheriff and the department within five (5) days of the order, event or
2 other occurrence.
3 (4) The sheriff may charge a fee of twenty dollars ($20.00) for process-
4 ing the change of address, residence or name.
5 18-9009. RELEASE FROM REGISTRATION REQUIREMENTS -- EXPUNGEMENT. (1) Any
6 person who is required to register, may, after a period of ten (10) years
7 from the date the person was released from incarceration or commitment to a
8 mental health institution of the department of health and welfare, or placed
9 on parole, supervised release or probation, whichever is greater, petition the
10 district court for a show cause hearing to determine whether the person shall
11 be exempted from the duty to register under this chapter. In the petition the
12 petitioner shall:
13 (a) Provide clear and convincing evidence that the petitioner is not at
14 risk to commit a new violation of any violent crime or crime identified in
15 section 18-9004, Idaho Code;
16 (b) Provide an affidavit indicating that the petitioner does not have a
17 criminal charge pending nor is the petitioner knowingly under criminal
18 investigation for any violent crime or crime identified in section
19 18-9004, Idaho Code;
20 (c) Provide proof of service of such petition upon the county prosecuting
21 attorney for the county in which the application is made; and
22 (d) Provide a certified copy of the judgment which caused the petitioner
23 to report as a drug pusher.
24 The district court may grant a hearing if it finds that the petition is
25 sufficient. The court shall provide at least sixty (60) days' prior notice of
26 the hearing to the petitioner and the county prosecuting attorney.
27 The court may exempt the petitioner from the reporting requirement only
28 after a hearing on the petition in open court and only upon proof by clear and
29 convincing evidence that the petitioner is not at risk to commit a new viola-
30 tion of any violent crime or crime identified in section 18-9004, Idaho Code.
31 (2) Concurrent with the entry of any order exempting the petitioner from
32 the reporting requirement, the court may further order that any information
33 regarding the petitioner be expunged from the central registry.
34 18-9010. PENALTIES. (1) An offender subject to registration who fails to
35 register or provide any notice as required by this chapter shall be guilty of
36 a felony and shall be punished by imprisonment in the state prison system for
37 a period not to exceed five (5) years and by a fine not to exceed five thou-
38 sand dollars ($5,000). If the offender is on probation or other supervised
39 release or suspension from incarceration at the time of the violation, the
40 probation or supervised release or suspension shall be revoked and the penalty
41 for violating this chapter shall be served consecutively to the offender's
42 original sentence.
43 (2) An offender subject to registration under this chapter, who willfully
44 provides false or misleading information in the registration required, shall
45 be guilty of a felony and shall be punished by imprisonment in a state prison
46 for a period not to exceed five (5) years and a fine not to exceed five thou-
47 sand dollars ($5,000).
48 18-9011. PUBLIC ACCESS TO DRUG PUSHER OFFENDER REGISTRY INFORMATION.
49 Information within the drug pusher offender registry collected pursuant to
50 this chapter is subject to release only as provided by this section.
51 (1) The department shall provide public access to information contained
52 in the central drug pusher offender registry by written request only. The
7
1 department, after consultation with and input from sheriffs of the state,
2 shall promulgate rules defining the processes for providing information to the
3 public and the requirements for retention of inquiry records by the depart-
4 ment.
5 (2) The department will respond to requests for drug pusher offender reg-
6 istry information within ten (10) working days of receipt of the written
7 request.
8 (a) Any person may inquire about a named individual by submitting an
9 information request form obtained from the department or sheriff. The
10 department shall promulgate rules outlining the methods and means of sub-
11 mitting requests. Information required for inquiry shall include the
12 individual's full name and address, or full name and date of birth. The
13 requester shall provide his full name, street address and driver's
14 license, social security number or state identification number.
15 (b) Any person may request a list of registered drug pushers by geo-
16 graphic area, such as by county or by zip code area, as determined by
17 rule, by submitting an information request form obtained from the depart-
18 ment. The requester shall provide his full name, street address and
19 driver's license, social security number, or state identification number.
20 (c) Schools or organizations working with youth or other vulnerable popu-
21 lations may request a statewide list or lists by geographic area within
22 the state.
23 (d) The department may collect a fee of five dollars ($5.00) for each
24 inquiry response.
25 (e) Information to be provided includes the offender's name, address, any
26 aliases or prior names, date of birth, the crime of conviction and the
27 place of conviction.
28 (f) Identity of the offender's employer or educational institution cur-
29 rently attended will not be provided for any registered drug pusher.
30 (g) Information identifying any person related to, living with, working
31 for, employing or otherwise associated with a registered drug pusher shall
32 be excluded from release.
33 (3) The department shall provide to any person, upon written request and
34 at a reasonable cost, determined by the department, a photograph of any regis-
35 tered drug pusher which the department maintains in its central drug pusher
36 offender registry. The department shall respond to requests for photographs
37 within fifteen (15) working days of receipt.
38 (4) Fees received by the department pursuant to this section shall be
39 deposited in the department's miscellaneous revenue fund and used to support
40 the operation of the central registry.
41 (5) The department shall include a cautionary statement relating to com-
42 pleteness, accuracy and use of registry information when releasing information
43 to the public or noncriminal justice agencies as well as a statement concern-
44 ing the penalties provided in section 18-9014, Idaho Code, for misuse of reg-
45 istry information.
46 (6) Information released pursuant to this section may be used only for
47 the protection of the public.
48 (7) Further dissemination of registry information by any person or entity
49 shall include the cautionary statements required in subsection (5) of this
50 section.
51 18-9012. DISSEMINATION OF REGISTRY INFORMATION. (1) The department shall
52 disseminate any registration information collected under this chapter, includ-
53 ing change of address notification, to any law enforcement agency upon
54 request.
8
1 (2) The department shall disseminate any registration information col-
2 lected under this chapter including change of address notification, to crimi-
3 nal justice agencies through the telecommunications system established in sec-
4 tion 19-5202, Idaho Code. Registry information provided under this section
5 shall be used only for the administration of criminal justice or for the pro-
6 tection of the public as permitted by this chapter.
7 (3) 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 (4) 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 (5) 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 (6) Information released pursuant to this section may be used only for
26 the protection of the public.
27 (7) Further dissemination of registry information by any person or entity
28 shall include the cautionary statements required in subsection (5) of this
29 section.
30 18-9013. EXEMPTION FROM CERTAIN LIABILITY. (1) No person or governmental
31 entity, other than those specifically charged in this chapter with a duty to
32 collect information under this chapter regarding registered drug pusher
33 offenders, has a duty to inquire, investigate or disclose any information
34 regarding registered drug pusher offenders.
35 (2) No person or governmental entity, other than those specifically
36 charged in this chapter with an affirmative duty to provide public access to
37 information regarding registered drug pusher offenders, shall be held liable
38 for any failure to disclose any information regarding registered drug pusher
39 offenders to any other person or entity.
40 (3) Every person or governmental entity who, acting without malice or
41 criminal intent, obtains or disseminates information under this chapter shall
42 be immune from civil liability for any damages claimed as a result of such
43 disclosures made or received.
44 (4) No person or governmental entity may be held civilly or criminally
45 liable for actions or omissions in the performance of the duties of his office
46 under the provisions of this chapter, if the person or governmental entity
47 acts in good faith and without malice.
48 18-9014. PENALTIES FOR VIGILANTISM OR OTHER MISUSE OF INFORMATION
49 OBTAINED UNDER THIS CHAPTER. Any person who uses information obtained pursuant
50 to this chapter to commit a crime or to cause physical harm to any person or
51 damage to property shall be guilty of a misdemeanor and, in addition to any
52 other punishment, be subject to imprisonment in the county jail for a period
53 not to exceed one (1) year, or by a fine not to exceed one thousand dollars
9
1 ($1,000), or both.
2 SECTION 2. That Section 7-805, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 7-805. RESTRICTIONS ON NAME CHANGES FOR CONVICTED SEXUAL OFFENDERS OR
5 CONVICTED DRUG PUSHERS -- NOTIFICATION OF NAME CHANGES OF CONVICTED SEXUAL
6 OFFENDERS OR DRUG PUSHERS. (1) No person shall apply for a change of name with
7 the intent or purpose of avoiding registration as a convicted sexual offender
8 pursuant to chapter 83, title 18, Idaho Code, or a convicted drug pusher, as
9 defined in section 18-9003, Idaho Code, required to register pursuant to chap-
10 ter 90, title 18, Idaho Code. No name change shall be granted to any person if
11 the name change would have the effect of relieving the person of the duty to
12 register as a convicted sexual offender under chapter 83, title 18, Idaho
13 Code, or as a convicted drug pusher, as defined in section 18-9003, Idaho
14 Code, required to register pursuant to chapter 90, title 18, Idaho Code, or
15 under the provisions of similar laws enacted by another state.
16 (2) The court granting a name change to any individual required to regis-
17 ter as a convicted sexual offender pursuant to the provisions of chapter 83,
18 title 18, Idaho Code, or as a convicted drug pusher, as defined in section
19 18-9003, Idaho Code, required to register pursuant to the provisions of chap-
20 ter 90, title 18, Idaho Code, shall provide notice of the name change to the
21 Idaho state police, central sexual offender registry or central drug pusher
22 offender registry. This notice shall include the offender's name prior to
23 change, new name, social security number, date of birth and last known
24 address.
STATEMENT OF PURPOSE
RS 10970C1
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
$43,000 one-time for data base programming and equipment
$12,000 on going
Contact
Name: Senator John Sandy
Phone: 208 332 1305
STATEMENT OF PURPOSE/FISCAL NOTE S 115