2001 Legislation
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SENATE BILL NO. 1170 – Sex offendr regist/aggravated offns


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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,
      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,
    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

Bill Text

  ||||              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
  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
  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-
  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:
 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 / Fiscal Impact

                      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