2001 Legislation
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SENATE BILL NO. 1150 – Drug pusher registration

SENATE BILL NO. 1150

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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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                       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