2001 Legislation
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SENATE BILL NO. 1192 – Sex offender registry, Internet

SENATE BILL NO. 1192

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Daily Data Tracking History



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
for information.
                                                                        
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
         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. 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-
 34        ber.
 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.
                                                                        
                                           2
                                                                        
  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-
 17    tion.
 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
 27    section.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE		

                            RS 11208


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.




                         FISCAL IMPACT



There is no fiscal impact, as the Idaho State Police have 
everything in place to accomplish the internet posting.





Contact
Name:	Senator Darrington
Phone:	332-1318

STATEMENT OF PURPOSE/FISCAL NOTE             S 1192