Print Friendly SENATE BILL NO. 1192 – Sex offender registry, Internet
SENATE BILL NO. 1192
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S1192................................................by JUDICIARY AND RULES
SEX OFFENDER REGISTRY - Amends existing law to delete language requiring a
written request for information; to provide that the department may provide
public access to the sex offender registry by means of the Internet; and to
provide that a fee may be collected for each response to a written request
03/01 Senate intro - 1st rdg - to printing
03/02 Rpt prt - to Jud
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Ingram Keough, King-Barrutia, Lee, Lodge,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne,
Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Cameron, Deide, Ipsen, Noh, Stennett
Floor Sponsor -- Darrington
Title apvd - to House
03/09 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 - 46-20-4
AYES -- Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bruneel,
Chase, Cuddy, Deal, Denney, Ellis, Ellsworth, Field(13), Gould,
Hammond, Hornbeck, Jaquet, Jones, Kellogg, Kunz, Lake, Loertscher,
Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Pearce, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Stevenson, Stone, Swan(Block), Tilman, Trail, Young
NAYS -- Barraclough, Bradford, Callister, Collins, Crow, Eskridge,
Field(20), Gagner, Hadley, Harwood, Higgins, Kendell, Langford,
McKague, Moyle, Pischner, Pomeroy, Smylie, Wood, Mr. Speaker
Absent and excused -- Campbell, Clark, Henbest, Wheeler -- 4.
Floor Sponsor -- Boe
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 195
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1192
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SEXUAL OFFENDER REGISTRY; AMENDING SECTION 18-8323, IDAHO
3 CODE, TO DELETE LANGUAGE REQUIRING A WRITTEN REQUEST FOR INFORMATION, TO
4 PROVIDE THAT THE DEPARTMENT MAY PROVIDE PUBLIC ACCESS TO THE SEX OFFENDER
5 REGISTRY BY MEANS OF THE INTERNET AND TO PROVIDE THAT A FEE MAY BE COL-
6 LECTED FOR EACH RESPONSE TO A WRITTEN REQUEST FOR INFORMATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 18-8323, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-8323. PUBLIC ACCESS TO SEXUAL OFFENDER REGISTRY INFORMATION. Informa-
11 tion within the sexual offender registry collected pursuant to this chapter is
12 subject to release only as provided by this section.
13 (1) The department or sheriff shall provide public access to information
14 contained in the central sexual offender registry. by written request only.
15 The department shall promulgate rules defining the processes for providing
16 information to the public and the requirements for retention of inquiry
17 records by the department and sheriff. The department may provide public
18 access to the sex offender registry by means of the internet.
19 (2) The department and sheriff will respond to requests for sexual
20 offender registry information within ten (10) working days of receipt of the
21 written request.
22 (a) Any person may inquire about a named individual by submitting an
23 information request form obtained from the department or sheriff. The
24 department shall promulgate rules outlining the methods and means of sub-
25 mitting requests. Information required for inquiry shall include the
26 individual's full name and address, or full name and date of birth. The
27 requester shall provide his full name, street address and driver's license
28 or social security number.
29 (b) Any person may request a list of registered sexual offenders by geo-
30 graphic area, such as by county or by zip code area, as determined by
31 rule, by submitting an information request form obtained from the depart-
32 ment or sheriff. The requester shall provide his full name, street address
33 and driver's license, social security number, or state identification num-
35 (c) Schools, organizations working with youth, women or other vulnerable
36 populations may request a statewide list or lists by geographic area
37 within the state.
38 (d) The department and sheriff may collect a fee of five dollars ($5.00)
39 for each inquiry response to a written request.
40 (e) Information to be provided includes the offender's name, address, any
41 aliases or prior names, date of birth, the crime of conviction, and the
42 place of conviction. The information provided shall also state whether the
43 offender is a violent sexual predator.
1 (f) Identity of the offender's employer or educational institution cur-
2 rently attended will not be provided for any registered sexual offender.
3 (g) Where a crime category such as "incest" may serve to identify a vic-
4 tim, that crime will be reported as section 18-1506, Idaho Code.
5 (h) Any information identifying any person related to, living with, work-
6 ing for, employing or otherwise associated with a registered sexual
7 offender shall be excluded from release.
8 (3) The department shall provide to any person, upon written request and
9 at a reasonable cost, determined by the department, a photograph of any regis-
10 tered sexual offender which the department maintains in its central sexual
11 offender registry. The department shall respond to requests for photographs
12 within ten (10) working days of receipt.
13 (4) Fees received by the department pursuant to this section shall be
14 deposited in the department's miscellaneous revenue fund and used to support
15 the operation of the central registry. Fees received by the sheriff pursuant
16 to this section shall be used to defray the cost of sexual offender registra-
18 (5) The department shall include a cautionary statement relating to com-
19 pleteness, accuracy and use of registry information when releasing information
20 to the public or noncriminal justice agencies as well as a statement concern-
21 ing the penalties provided in section 18-8326, Idaho Code, for misuse of reg-
22 istry information.
23 (6) Information released pursuant to this section may be used only for
24 the protection of the public.
25 (7) Further dissemination of registry information by any person or entity
26 shall include the cautionary statements required in subsection (5) of this
STATEMENT OF PURPOSE
This bill is permissive legislation to allow the Idaho State
Police to provide public access to the sex offender registry
by means of the internet.
There is no fiscal impact, as the Idaho State Police have
everything in place to accomplish the internet posting.
Name: Senator Darrington
STATEMENT OF PURPOSE/FISCAL NOTE S 1192