2002 Legislation
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SENATE BILL NO. 1448 – Drug pusher registration

SENATE BILL NO. 1448

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S1448aa....................................................by STATE AFFAIRS
DRUG PUSHER REGISTRATION - Adds to and amends existing law to provide for
drug pusher registration; to provide a short title and 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
exceptions; to provide penalties; to provide for public access to 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 of certain
convicted drug pushers.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Jud
02/26    Rpt out - to 14th Ord
    Rpt out amen - to engros
02/27    Rpt engros - 1st rdg - to 2nd rdg as amen
02/28    2nd rdg - to 3rd rdg as amen
03/01    3rd rdg as amen - PASSED - 31-1-3
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
      Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
      Sorensen, Thorne, Wheeler, Williams
      NAYS -- Stegner
      Absent and excused -- Geddes, Stennett, Williams
    Floor Sponsor - Sandy
    Title apvd - to House
03/04    House intro - 1st rdg - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1448
                                                                        
                                 BY STATE AFFAIRS 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 DRUG PUSHER OFFENDER REGISTRY INFORMATION, TO
 12        PROVIDE FOR THE DISSEMINATION OF REGISTRY INFORMATION, TO  PROVIDE  EXEMP-
 13        TION  FROM  CERTAIN  LIABILITY AND TO PROVIDE PENALTIES FOR VIGILANTISM OR
 14        OTHER MISUSE OF INFORMATION OBTAINED UNDER THIS CHAPTER; AMENDING  SECTION
 15        7-805,  IDAHO CODE, TO PROVIDE FOR CERTAIN RESTRICTIONS REGARDING APPLICA-
 16        TIONS FOR CHANGE OF NAME FOR CERTAIN CONVICTED DRUG PUSHERS; PROVIDING  AN
 17        EFFECTIVE  DATE PROVIDED FUNDING IS AVAILABLE, PROVIDING AN EARLIER EFFEC-
 18        TIVE DATE IF CERTAIN EVENTS OCCUR AND PROVIDING A SUNSET CLAUSE IF CERTAIN
 19        EVENTS DO NOT OCCUR.
                                                                        
 20    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 21        SECTION 1.  That Title 18, Idaho Code, be, and the same is hereby  amended
 22    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 23    ter 90, Title 18, Idaho Code, and to read as follows:
                                                                        
 24                                      CHAPTER 90
 25                      DRUG PUSHER REGISTRATION NOTIFICATION AND
 26                             COMMUNITY RIGHT-TO-KNOW ACT
                                                                        
 27        18-9001.  SHORT TITLE. This chapter shall be known and may be cited as the
 28    "Drug Pusher Registration Notification and Community Right-to-Know Act."
                                                                        
 29        18-9002.  FINDINGS. The legislature finds that drug pushers present a sig-
 30    nificant risk of reoffense and that efforts of  law  enforcement  agencies  to
 31    protect  their  communities,  conduct  investigations  and  quickly  apprehend
 32    offenders  who  commit the crime of sales of drugs in violation of the uniform
 33    controlled substances act are impaired by  the  lack  of  current  information
 34    available  about  individuals who have been convicted of selling illegal drugs
 35    who live within their jurisdiction. The legislature further finds that provid-
 36    ing public access to certain information about convicted drug pushers  assists
 37    parents  in  the  protection of their children. Such access further provides a
 38    means for organizations that work with youth or other  vulnerable  populations
 39    to  prevent  drug  pushers from threatening those served by the organizations.
 40    Finally, public access assists the community in being observant  of  convicted
 41    drug  pushers  in order to prevent them from recommitting crimes involving the
                                                                        
                                           2
                                                                        
  1    sale of illegal controlled substances. Therefore, this state's  policy  is  to
  2    assist  efforts  of  local  law enforcement agencies to protect communities by
  3    requiring convicted drug pushers to register with local law  enforcement agen-
  4    cies and to make certain information about convicted drug pushers available to
  5    the public as provided in this chapter.
                                                                        
  6        18-9003.  DEFINITIONS. As used in this chapter:
  7        (1)  "Central registry" means  the  registry  of  convicted  drug  pushers
  8    maintained by the Idaho state police pursuant to this chapter.
  9        (2)  "Department" means the Idaho state police.
 10        (3)  "Incarceration"  means  committed to the custody of the Idaho depart-
 11    ment of correction or county jail, but excluding cases  where  the  court  has
 12    retained jurisdiction.
 13        (4)  "Offender"  or  "drug  pusher"  means  an  individual convicted of an
 14    offense listed and described in section 18-9004, Idaho  Code,  or  a  substan-
 15    tially similar offense under the laws of another state or in a federal, tribal
 16    or military court or the court of another country.
 17        (5)  "Offense" means an offense listed in section 18-9004, Idaho Code.
 18        (6)  "Residence" means the offender's present place of abode.
                                                                        
 19        18-9004.  APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
 20    apply to any person who:
 21        (a)  On  or  after  January  1,  2003,  is convicted of a felony violation
 22        under section 37-2732(a)(1)(A) (manufacture or deliver a schedule  I  nar-
 23        cotic  or manufacture or deliver a schedule II controlled substance), sec-
 24        tion 37-2732(a)(1)(B) (manufacture or deliver  a  nonnarcotic  schedule  I
 25        controlled  substance  or manufacture or deliver a schedule III controlled
 26        substance),  section 37-2732(a)(1)(C) (manufacture or deliver  a  schedule
 27        IV controlled substance), section 37-2732B (trafficking), section 37-2734B
 28        (deliver,  possess  with  intent to deliver, or manufacture with intent to
 29        deliver drug paraphernalia),  section  37-2737  (distribution  to  persons
 30        under  age  eighteen) or section 37-2737A (manufacture or delivery of con-
 31        trolled substance where  children  are  present),  Idaho  Code,    or  any
 32        attempt,  racketeering, solicitation, conspiracy or aiding or abetting any
 33        of the above offenses and such person  has  been  convicted  of  a  felony
 34        violation  of one (1) or more of the above offenses in this state prior to
 35        January 1, 2003, or has been convicted of a felony violation of  any  sub-
 36        stantially equivalent offense in another state, territory, commonwealth or
 37        other jurisdiction of the United States, including tribal courts and mili-
 38        tary courts prior to January 1, 2003;
 39        (b)  Is  not  required  to  register pursuant to subsection (1)(a) of this
 40        section, and who on or after January 1, 2003,  is  convicted,  whether  in
 41        this state or in another state, territory, commonwealth or other jurisdic-
 42        tion of the United States, including tribal courts and military courts, of
 43        two (2) or more crimes, attempts, racketeering, solicitation, conspiracies
 44        to  commit  or  aiding and abetting a crime listed in subsection (1)(a) of
 45        this section if committed within this state or of any substantially equiv-
 46        alent offense in any another jurisdiction.
 47        (2)  With the exception of section 18-9006(1), Idaho Code, the  provisions
 48    of  this chapter shall not apply to any such person while the person is incar-
 49    cerated in a correctional facility, a county jail facility or committed  to  a
 50    mental health institution of the department of health and welfare.
 51        (3)  A  conviction  for purposes of this chapter means that the person has
 52    pled guilty or has been found guilty, notwithstanding the form of the judgment
 53    or withheld judgment.
                                                                        
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  1        (4)  For purposes of this section, any person who pleads guilty to  or  is
  2    found    guilty  of  a violation of the applicable  sections of the Idaho Code
  3    enumerated in subsection (1)(a) of this section or any substantially  conform-
  4    ing  criminal violations, notwithstanding the form of the judgment(s) or with-
  5    held judgment(s), shall be deemed to be a conviction or convictions.
                                                                        
  6        18-9005.  CENTRAL REGISTRY -- NOTICE TO AGENCIES. (1) The department shall
  7    establish and maintain a central drug  pusher  registry  separate  from  other
  8    records  maintained  by the department. The registry shall include, but is not
  9    limited to, fingerprints, photographs, and other  information  collected  from
 10    submitted  forms and other communications relating to notice of duty to regis-
 11    ter, drug pusher registration and notice of address change.
 12        (2)  Upon receipt of information pursuant to section 18-9007, Idaho  Code,
 13    the  department  shall notify the law enforcement agencies having jurisdiction
 14    where the offender resides or will reside, enter information  in  the  central
 15    registry,  and transmit the appropriate information as required by the federal
 16    bureau of investigation for inclusion in a national drug pusher registry  when
 17    one  exists.  Upon  receipt  of  a notice of an offender changing residence to
 18    another state, the department shall notify the central registry of  the  state
 19    to  which  the  offender  is moving if a registry exists. The department shall
 20    adopt rules relating to providing notice of address changes to law enforcement
 21    agencies, developing forms, operating the central registry, reviewing and cor-
 22    recting records, and expunging records of persons who are deceased, whose con-
 23    victions have been reversed or who have been pardoned, and those for  whom  an
 24    order  of expungement or relief from registration has been entered pursuant to
 25    section 18-9009, Idaho Code.
 26        (3)  The department shall develop and distribute to  appropriate  agencies
 27    the  standardized  forms  necessary for the administration of the registry and
 28    shall provide appropriate agencies with instructions for completing  and  sub-
 29    mitting  the  forms. The attorney general shall approve the forms and instruc-
 30    tions prior to distribution.
                                                                        
 31        18-9006.  NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION. (1)  A per-
 32    son convicted of a felony offense identified in section 18-9004,  Idaho  Code,
 33    and released on probation without a sentence of incarceration in a county jail
 34    or  correctional  facility, including release pursuant to a withheld judgment,
 35    shall be notified by the sentencing court of the duty to register pursuant  to
 36    the provisions of this chapter. The court or the court's designee shall ensure
 37    that  the  written  notification  shall be completed on a form provided by the
 38    department and approved by the attorney general and shall  be  signed  by  the
 39    defendant.  The  court  shall retain one (1) copy, provide one (1) copy to the
 40    offender, and submit one (1) copy to the central  registry  within  three  (3)
 41    working days of release.
 42        (2)  With respect to an offender convicted of a drug offense identified in
 43    section  18-9004,  Idaho Code, and sentenced to a period of incarceration in a
 44    county jail or correctional facility or committed to a mental health  institu-
 45    tion  and  subsequently released, placed on probation, or paroled, the depart-
 46    ment of correction,  jail or mental health institution shall provide, prior to
 47    release from confinement, written notification of the duty  to  register.  The
 48    written  notification  shall  be  on  a  form  provided  by the department and
 49    approved by the attorney general and shall be  signed  by  the  offender.  The
 50    department  of  correction  or jail shall retain one (1) copy, provide one (1)
 51    copy to the offender, and submit one (1) copy  to the central registry  within
 52    three (3) working days of release.
 53        (3)  The  sheriff  of each county shall provide written notification, on a
                                                                        
                                           4
                                                                        
  1    form provided by the Idaho  transportation  department  and  approved  by  the
  2    attorney general, of the registration requirements of this chapter to any per-
  3    son  who  enters this state from another jurisdiction and makes an application
  4    for a license to operate a motor vehicle in this state or personal identifica-
  5    tion card. The form shall include language that the  applicant  has  read  the
  6    form  before  signing it. The written notice shall be signed by the applicant.
  7    One (1) copy of the form shall be retained by the sheriff's office and one (1)
  8    copy of the form shall be provided to the applicant.
  9        (4)  Notification of the duty to register as set forth in subsections  (1)
 10    and  (2) of this section shall constitute an initial registration for the pur-
 11    pose of establishing a record in the central registry.
 12        (5)  The notification form provided by the department and approved by  the
 13    attorney general shall:
 14        (a)  Explain the duty to register, the procedure for registration and pen-
 15        alty for failure to comply with registration requirements;
 16        (b)  Inform  the  offender  of  the  requirement  to provide notice of any
 17        change of address within Idaho or to another state within five (5) days of
 18        such change;
 19        (c)  Inform the offender of the requirement to register  in  a  new  state
 20        within  ten  (10)  days  of changing residence to that state if a registry
 21        exists; and
 22        (d)  Obtain from the offender and agency or  court,  information  required
 23        for  initial  registration in the central registry, as prescribed by rules
 24        promulgated by the department.
 25        (6)  The official conducting the notice  and  initial  registration  shall
 26    ensure  that  the  notification form is complete, that the offender has signed
 27    the form verifying that he has read it, and that a copy is  forwarded  to  the
 28    central repository within the required time period.
 29        (7)  Information required for initial registration in the central registry
 30    shall include, but is not limited to: name and aliases of the offender; social
 31    security number; physical descriptors; current address or physical description
 32    of  current residence; offense for which convicted, sentence and conditions of
 33    release; treatment or counseling received; and risk assessment or special cat-
 34    egory of offender.
 35        (8)  No person subject to registration shall willfully  furnish  false  or
 36    misleading  information  when  complying  with  registration  and notification
 37    requirements of this chapter.
                                                                        
 38        18-9007.  LOCAL AND ANNUAL REGISTRATION. (1) Within ten (10) days of  com-
 39    ing  into any county to establish residence or temporary domicile, an offender
 40    who is required to register shall register with the sheriff of the county. The
 41    offender thereafter shall update the registration annually.  If  the  offender
 42    intends  to  reside in another state, the offender shall register in the other
 43    state within ten (10) days of moving to that state.
 44        (2)  Annual registration shall be conducted as follows:
 45        (a)  With  the  exception  of  those  offenders   described   in   section
 46        18-9004(2),  Idaho Code, on or about the first day of the month containing
 47        the anniversary date of the initial  registration,  the  department  shall
 48        mail a nonforwardable notice of annual registration to the offender's last
 49        reported address;
 50        (b)  Within  ten (10) days of the mailing date of the notice, the offender
 51        shall appear in person at the office of the sheriff with jurisdiction  for
 52        the purpose of completing the registration process;
 53        (c)  If  the  notice  is  returned to the department as not delivered, the
 54        department shall inform the sheriff with whom the offender last registered
                                                                        
                                           5
                                                                        
  1        of the returned notice;
  2        (d)  Within ten (10) days of their release from the department of  correc-
  3        tion,  county  jail  or mental health institution, offenders who have been
  4        subject to initial or annual registration requirements of this chapter who
  5        later were exempted from application of the  chapter pursuant  to  section
  6        18-9004(2),  Idaho Code, shall appear in person at the office of the sher-
  7        iff with jurisdiction for the purpose of completing the registration proc-
  8        ess.
  9        (3)  Registration, whether initial or annual, shall consist of a form pro-
 10    vided by the department and approved by the attorney general, which  shall  be
 11    signed  by  the offender and shall require the following information about the
 12    offender:
 13        (a)  Name and all aliases which the person has used  or  under  which  the
 14        person has been known;
 15        (b)  A  complete description of the person including the date of birth and
 16        social security number;
 17        (c)  Name of each offense enumerated in section 18-9004,  Idaho  Code,  of
 18        which  the  person  was convicted, where each offense was committed, where
 19        the person was convicted of each offense, and the  name  under  which  the
 20        person was convicted of each offense;
 21        (d)  The  name and location of each hospital, jail or penal institution to
 22        which the person was committed for each offense covered under  this  chap-
 23        ter;
 24        (e)  School or college enrollment; and
 25        (f)  Address  or  physical  description  of current residence and place of
 26        employment.
 27        (4)  An offender shall pay a fee of forty dollars ($40.00) to the  sheriff
 28    at  the  time  of  each  registration. At the time of annual registration, the
 29    sheriff shall obtain a photograph and fingerprints, in a  manner  approved  by
 30    the  department,  and  may  require  the  offender  to provide full palm print
 31    impressions of each hand. The fees collected under this section shall be  used
 32    by the sheriff to defray the costs of drug pusher registration.
 33        (5)  The  sheriff  shall forward the completed and signed form, photograph
 34    and fingerprints to the department within three (3) working days of the regis-
 35    tration.
 36        (6)  The official conducting the initial registration  shall  ensure  that
 37    the  notification  form  is complete and that the offender has signed the form
 38    verifying that he has read it.
 39        (7)  No person subject to registration shall furnish false  or  misleading
 40    information  when complying with registration and notification requirements of
 41    this chapter.
 42        (8)  The sheriff, or appointed deputies, may visit the residence of a reg-
 43    istered drug pusher within the county at any reasonable  time  to  verify  the
 44    address provided at the time of registration.
                                                                        
 45        18-9008.  CHANGE  OF ADDRESS OR NAME. (1) If a registered offender changes
 46    address or actual residence, the offender shall provide written notice of  the
 47    new address within five (5) days after the change to the sheriff of the county
 48    where  the  offender is required to register and to the department. The notice
 49    shall be on a form provided by the department. Within three (3)  working  days
 50    after receipt of the notice, the sheriff shall forward a copy of the notice to
 51    the department.
 52        (2)  If  a  registered  offender  changes  address  to  another state, the
 53    offender shall provide written notice of the new address within five (5)  days
 54    after  the change to the department and to the sheriff of the county where the
                                                                        
                                           6
                                                                        
  1    offender is required to register.
  2        (3)  A registered offender whose legal name is changed by marriage,  judi-
  3    cial  order or any other means shall provide written notice of the name change
  4    to the sheriff and the department within five (5) days of the order, event  or
  5    other occurrence.
  6        (4)  The  sheriff may charge a fee of twenty dollars ($20.00) for process-
  7    ing the change of address, residence or name.
                                                                        
  8        18-9009.  RELEASE FROM REGISTRATION REQUIREMENTS -- EXPUNGEMENT.  (1)  Any
  9    person  who  is  required  to register,  may, after a period of ten (10) years
 10    from the date the person was released from incarceration or  commitment  to  a
 11    mental  health  institution of the department of health and welfare, or placed
 12    on parole, supervised release or probation, whichever is greater, petition the
 13    district court for a show cause hearing to determine whether the person  shall
 14    be  exempted from the duty to register under this chapter. In the petition the
 15    petitioner shall:
 16        (a)  Provide clear and convincing evidence that the petitioner is  not  at
 17        risk to commit a new violation of any violent crime or crime identified in
 18        section 18-9004, Idaho Code;
 19        (b)  Provide  an  affidavit indicating that the petitioner does not have a
 20        criminal charge pending nor is the  petitioner  knowingly  under  criminal
 21        investigation  for  any  violent  crime  or  crime  identified  in section
 22        18-9004, Idaho Code;
 23        (c)  Provide proof of service of such petition upon the county prosecuting
 24        attorney for the county in which the application is made; and
 25        (d)  Provide a certified copy of the judgment which caused the  petitioner
 26        to report as a drug pusher.
 27        The  district  court  may grant a hearing if it finds that the petition is
 28    sufficient. The court shall provide at least sixty (60) days' prior notice  of
 29    the hearing to the petitioner and the county prosecuting attorney.
 30        The  court  may  exempt the petitioner from the reporting requirement only
 31    after a hearing on the petition in open court and only upon proof by clear and
 32    convincing evidence that the petitioner is not at risk to commit a new  viola-
 33    tion of any violent crime or crime identified in section 18-9004, Idaho Code.
 34        (2)  Concurrent  with the entry of any order exempting the petitioner from
 35    the reporting requirement, the court may further order  that  any  information
 36    regarding the petitioner be expunged from the central registry.
                                                                        
 37        18-9010.  PENALTIES.  (1) An offender subject to registration who fails to
 38    register or provide any notice as required by this chapter shall be guilty  of
 39    a  felony and shall be punished by imprisonment in the state prison system for
 40    a period not to exceed five (5) years and by a fine not to exceed  five  thou-
 41    sand  dollars  ($5,000).  If  the offender is on probation or other supervised
 42    release or suspension from incarceration at the time  of  the  violation,  the
 43    probation or supervised release or suspension shall be revoked and the penalty
 44    for  violating  this  chapter  shall be served consecutively to the offender's
 45    original sentence.
 46        (2)  An offender subject to registration under this chapter, who willfully
 47    provides false or misleading information in the registration  required,  shall
 48    be  guilty of a felony and shall be punished by imprisonment in a state prison
 49    for a period not to exceed five (5) years and a fine not to exceed five  thou-
 50    sand dollars ($5,000).
                                                                        
 51        18-9011.  PUBLIC  ACCESS  TO  DRUG  PUSHER  OFFENDER REGISTRY INFORMATION.
 52    Information within the drug pusher offender  registry  collected  pursuant  to
                                                                        
                                           7
                                                                        
  1    this chapter is subject to release only as provided by this section.
  2        (1)  The  department  shall provide public access to information contained
  3    in the central drug pusher offender registry by written request.  The  depart-
  4    ment, after consultation with and input from sheriffs of the state, shall pro-
  5    mulgate  rules  defining the processes for providing information to the public
  6    and the requirements for retention of inquiry records by the  department.  The
  7    department may also provide public access to the drug pusher offender registry
  8    by means of the internet.
  9        (2)  The department will respond to requests for drug pusher offender reg-
 10    istry  information  within  ten  (10)  working  days of receipt of the written
 11    request.
 12        (a)  Any person may inquire about a  named  individual  by  submitting  an
 13        information  request  form  obtained  from  the department or sheriff. The
 14        department shall promulgate rules outlining the methods and means of  sub-
 15        mitting  requests.  Information  required  for  inquiry  shall include the
 16        individual's full name and address, or full name and date  of  birth.  The
 17        requester  shall  provide  his  full  name,  street  address  and driver's
 18        license, social security number or state identification number.
 19        (b)  Any person may request a list of  registered  drug  pushers  by  geo-
 20        graphic  area,  such  as  by  county or by zip code area, as determined by
 21        rule, by submitting an information request form obtained from the  depart-
 22        ment.  The  requester  shall  provide  his  full  name, street address and
 23        driver's license, social security number or state identification number.
 24        (c)  Schools or organizations working with youth or other vulnerable popu-
 25        lations may request a statewide list or lists by  geographic  area  within
 26        the state.
 27        (d)  The  department  may  collect  a fee of five dollars ($5.00) for each
 28        inquiry response.
 29        (e)  Information to be provided includes the offender's name, address, any
 30        aliases or prior names, date of birth, the crime  of  conviction  and  the
 31        place of conviction.
 32        (f)  Identity  of  the offender's employer or educational institution cur-
 33        rently attended will not be provided for any registered drug pusher.
 34        (g)  Information identifying any person related to, living  with,  working
 35        for, employing or otherwise associated with a registered drug pusher shall
 36        be excluded from release.
 37        (3)  The  department shall provide to any person, upon written request and
 38    at a reasonable cost, determined by the department, a photograph of any regis-
 39    tered drug pusher which the department maintains in its  central  drug  pusher
 40    offender  registry.  The  department shall respond to requests for photographs
 41    within fifteen (15) working days of receipt.
 42        (4)  Fees received by the department pursuant to  this  section  shall  be
 43    deposited  in  the department's miscellaneous revenue fund and used to support
 44    the operation of the central registry.
 45        (5)  The department shall include a cautionary statement relating to  com-
 46    pleteness, accuracy and use of registry information when releasing information
 47    to  the public or noncriminal justice agencies as well as a statement concern-
 48    ing the penalties provided in section 18-9014, Idaho Code, for misuse of  reg-
 49    istry information.
 50        (6)  Information  released  pursuant  to this section may be used only for
 51    the protection of the public.
 52        (7)  Further dissemination of registry information by any person or entity
 53    shall include the cautionary statements required in  subsection  (5)  of  this
 54    section.
                                                                        
                                           8
                                                                        
  1        18-9012.  DISSEMINATION  OF REGISTRY INFORMATION. (1) The department shall
  2    disseminate any registration information collected under this chapter, includ-
  3    ing change of  address  notification,  to  any  law  enforcement  agency  upon
  4    request.
  5        (2)  The  department  shall  disseminate any registration information col-
  6    lected under this chapter including change of address notification, to  crimi-
  7    nal justice agencies through the telecommunications system established in sec-
  8    tion  19-5202,  Idaho  Code.  Registry information provided under this section
  9    shall be used only for the administration of criminal justice or for the  pro-
 10    tection of the public as permitted by this chapter.
 11        (3)  The  department shall provide quarterly to the superintendent of pub-
 12    lic  instruction and to the director of the department of health and welfare a
 13    list of all  offenders required to register with the central registry together
 14    with the address, date of birth and crime  of  conviction  for  each  offender
 15    listed. The superintendent may further distribute the list or portions thereof
 16    to school districts or to schools.
 17        (4)  The  department  shall  release  quarterly  to  the  public a list of
 18    offenders thirty (30) days or more delinquent in maintaining  registration  or
 19    address verification. Offenders subject to being listed include those who have
 20    failed:
 21        (a)  To  register  with a sheriff after initial registration under section
 22        18-9007, Idaho Code; and
 23        (b)  To register annually as required in section 18-9007, Idaho Code.
 24        (5)  The department shall include a cautionary statement relating to  com-
 25    pleteness, accuracy and use of registry information when releasing information
 26    to  the public or noncriminal justice agencies as well as a statement concern-
 27    ing the penalties provided in section 18-9014, Idaho Code, for misuse of  reg-
 28    istry information.
 29        (6)  Information  released  pursuant  to this section may be used only for
 30    the protection of the public.
 31        (7)  Further dissemination of registry information by any person or entity
 32    shall include the cautionary statements required in  subsection  (5)  of  this
 33    section.
                                                                        
 34        18-9013.  EXEMPTION  FROM CERTAIN LIABILITY. (1) No person or governmental
 35    entity, other than those specifically charged in this chapter with a  duty  to
 36    collect  information  under  this  chapter  regarding  registered  drug pusher
 37    offenders, has a duty to inquire,  investigate  or  disclose  any  information
 38    regarding registered drug pusher offenders.
 39        (2)  No  person  or  governmental  entity,  other  than those specifically
 40    charged in this chapter with an affirmative duty to provide public  access  to
 41    information  regarding  registered drug pusher offenders, shall be held liable
 42    for any failure to disclose any information regarding registered  drug  pusher
 43    offenders to any other person or entity.
 44        (3)  Every  person  or  governmental  entity who, acting without malice or
 45    criminal intent, obtains or disseminates information under this chapter  shall
 46    be  immune  from  civil  liability for any damages claimed as a result of such
 47    disclosures made or received.
 48        (4)  No person or governmental entity may be held  civilly  or  criminally
 49    liable for actions or omissions in the performance of the duties of his office
 50    under  the  provisions  of  this chapter, if the person or governmental entity
 51    acts in good faith and without malice.
                                                                        
 52        18-9014.  PENALTIES  FOR  VIGILANTISM  OR  OTHER  MISUSE  OF   INFORMATION
 53    OBTAINED UNDER THIS CHAPTER. Any person who uses information obtained pursuant
                                                                        
                                           9
                                                                        
  1    to  this  chapter to commit a crime or to cause physical harm to any person or
  2    damage to property shall be guilty of a misdemeanor and, in  addition  to  any
  3    other  punishment,  be subject to imprisonment in the county jail for a period
  4    not to exceed one (1) year, or by a fine not to exceed  one  thousand  dollars
  5    ($1,000), or both.
                                                                        
  6        SECTION  2.  That  Section  7-805,  Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        7-805.  RESTRICTIONS ON NAME CHANGES FOR  CONVICTED  SEXUAL  OFFENDERS  OR
  9    CONVICTED  DRUG  PUSHERS  --  NOTIFICATION OF NAME CHANGES OF CONVICTED SEXUAL
 10    OFFENDERS OR DRUG PUSHERS. (1) No person shall apply for a change of name with
 11    the intent or purpose of avoiding registration as a convicted sexual  offender
 12    pursuant  to  chapter 83, title 18, Idaho Code, or a convicted drug pusher, as
 13    defined in section 18-9003, Idaho Code, required to register pursuant to chap-
 14    ter 90, title 18, Idaho Code. No name change shall be granted to any person if
 15    the name change would have the effect of relieving the person of the  duty  to
 16    register  as  a  convicted  sexual  offender under chapter 83, title 18, Idaho
 17    Code, or as a convicted drug pusher, as  defined  in  section  18-9003,  Idaho
 18    Code,  required  to  register pursuant to chapter 90, title 18, Idaho Code, or
 19    under the provisions of similar laws enacted by another state.
 20        (2)  The court granting a name change to any individual required to regis-
 21    ter as a convicted sexual offender pursuant to the provisions of  chapter  83,
 22    title  18,  Idaho  Code,  or as a convicted drug pusher, as defined in section
 23    18-9003, Idaho Code, required to register pursuant to the provisions of  chap-
 24    ter  90,  title 18, Idaho Code, shall provide notice of the name change to the
 25    Idaho state police, central sexual offender registry or  central  drug  pusher
 26    offender  registry.  This  notice  shall  include the offender's name prior to
 27    change, new name, social  security  number,  date  of  birth  and  last  known
 28    address.
                                                                        
 29        SECTION  3.  The  provisions  of  this act shall be implemented and become
 30    effective on and after July 1, 2004, provided adequate funding from nongeneral
 31    fund revenue for initial start-up costs to implement this act is available, or
 32    at an earlier date if, prior to July 1, 2004, the director of the Idaho  State
 33    Police  determines that there is adequate funding from nongeneral fund revenue
 34    for initial start-up costs to implement the provisions of  this  act.  In  the
 35    event  the  director determines that adequate funds for initial start-up costs
 36    to implement this act are available prior to July 1, 2004,  he  shall  file  a
 37    certificate with the Office of the Secretary of State representing that he has
 38    determined  adequate  funding is available and that the provisions of this act
 39    shall become effective on a date certain as provided in the certificate, which
 40    date shall be no earlier than sixty days after the  date  the  certificate  is
 41    filed.  In the event adequate funding from nongeneral fund revenue for initial
 42    start-up costs to implement this act is not available on  or  before  July  1,
 43    2004,  the  provisions  of  this  act  shall be null, void and of no force and
 44    effect on and after July 1, 2004.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Sandy               
                                                                        
                                                     Seconded by Darrington          
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1448
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 6 of the printed bill, in line 8, following "EXPUNGEMENT"  insert:
  3    "--  EXCEPTION TO REQUIREMENTS OF CHAPTER"; and also on page 6, following line
  4    36, insert:
  5        "(3)  No person shall be required to register  under  this  chapter  if  a
  6    state  or  federal  court of competent jurisdiction has made a written finding
  7    that the person has provided substantial cooperation to any  local,  state  or
  8    federal law enforcement agency.".
                                                                        
  9                                 CORRECTIONS TO TITLE
 10        On page 1, in line 10, following "REGISTRY" delete "," and insert: "AND TO
 11    PROVIDE AN EXCEPTION TO REQUIREMENTS OF THE CHAPTER,".

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


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1448, As Amended
                                                                        
                                 BY STATE AFFAIRS 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  AND TO PROVIDE AN EXCEP-
 11        TION TO REQUIREMENTS OF THE CHAPTER, TO PROVIDE PENALTIES, TO PROVIDE  FOR
 12        PUBLIC ACCESS TO DRUG PUSHER OFFENDER REGISTRY INFORMATION, TO PROVIDE FOR
 13        THE  DISSEMINATION OF REGISTRY INFORMATION, TO PROVIDE EXEMPTION FROM CER-
 14        TAIN LIABILITY AND TO PROVIDE PENALTIES FOR VIGILANTISM OR OTHER MISUSE OF
 15        INFORMATION OBTAINED UNDER THIS CHAPTER;  AMENDING  SECTION  7-805,  IDAHO
 16        CODE,  TO  PROVIDE  FOR  CERTAIN  RESTRICTIONS  REGARDING APPLICATIONS FOR
 17        CHANGE OF NAME FOR CERTAIN CONVICTED DRUG PUSHERS; PROVIDING AN  EFFECTIVE
 18        DATE PROVIDED FUNDING IS AVAILABLE, PROVIDING AN EARLIER EFFECTIVE DATE IF
 19        CERTAIN  EVENTS  OCCUR  AND PROVIDING A SUNSET CLAUSE IF CERTAIN EVENTS DO
 20        NOT OCCUR.
                                                                        
 21    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 22        SECTION 1.  That Title 18, Idaho Code, be, and the same is hereby  amended
 23    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 24    ter 90, Title 18, Idaho Code, and to read as follows:
                                                                        
 25                                      CHAPTER 90
 26                      DRUG PUSHER REGISTRATION NOTIFICATION AND
 27                             COMMUNITY RIGHT-TO-KNOW ACT
                                                                        
 28        18-9001.  SHORT TITLE. This chapter shall be known and may be cited as the
 29    "Drug Pusher Registration Notification and Community Right-to-Know Act."
                                                                        
 30        18-9002.  FINDINGS. The legislature finds that drug pushers present a sig-
 31    nificant risk of reoffense and that efforts of  law  enforcement  agencies  to
 32    protect  their  communities,  conduct  investigations  and  quickly  apprehend
 33    offenders  who  commit the crime of sales of drugs in violation of the uniform
 34    controlled substances act are impaired by  the  lack  of  current  information
 35    available  about  individuals who have been convicted of selling illegal drugs
 36    who live within their jurisdiction. The legislature further finds that provid-
 37    ing public access to certain information about convicted drug pushers  assists
 38    parents  in  the  protection of their children. Such access further provides a
 39    means for organizations that work with youth or other  vulnerable  populations
 40    to  prevent  drug  pushers from threatening those served by the organizations.
 41    Finally, public access assists the community in being observant  of  convicted
                                                                        
                                           2
                                                                        
  1    drug  pushers  in order to prevent them from recommitting crimes involving the
  2    sale of illegal controlled substances. Therefore, this state's  policy  is  to
  3    assist  efforts  of  local  law enforcement agencies to protect communities by
  4    requiring convicted drug pushers to register with local law  enforcement agen-
  5    cies and to make certain information about convicted drug pushers available to
  6    the public as provided in this chapter.
                                                                        
  7        18-9003.  DEFINITIONS. As used in this chapter:
  8        (1)  "Central registry" means  the  registry  of  convicted  drug  pushers
  9    maintained by the Idaho state police pursuant to this chapter.
 10        (2)  "Department" means the Idaho state police.
 11        (3)  "Incarceration"  means  committed to the custody of the Idaho depart-
 12    ment of correction or county jail, but excluding cases  where  the  court  has
 13    retained jurisdiction.
 14        (4)  "Offender"  or  "drug  pusher"  means  an  individual convicted of an
 15    offense listed and described in section 18-9004, Idaho  Code,  or  a  substan-
 16    tially similar offense under the laws of another state or in a federal, tribal
 17    or military court or the court of another country.
 18        (5)  "Offense" means an offense listed in section 18-9004, Idaho Code.
 19        (6)  "Residence" means the offender's present place of abode.
                                                                        
 20        18-9004.  APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
 21    apply to any person who:
 22        (a)  On  or  after  January  1,  2003,  is convicted of a felony violation
 23        under section 37-2732(a)(1)(A) (manufacture or deliver a schedule  I  nar-
 24        cotic  or manufacture or deliver a schedule II controlled substance), sec-
 25        tion 37-2732(a)(1)(B) (manufacture or deliver  a  nonnarcotic  schedule  I
 26        controlled  substance  or manufacture or deliver a schedule III controlled
 27        substance),  section 37-2732(a)(1)(C) (manufacture or deliver  a  schedule
 28        IV controlled substance), section 37-2732B (trafficking), section 37-2734B
 29        (deliver,  possess  with  intent to deliver, or manufacture with intent to
 30        deliver drug paraphernalia),  section  37-2737  (distribution  to  persons
 31        under  age  eighteen) or section 37-2737A (manufacture or delivery of con-
 32        trolled substance where  children  are  present),  Idaho  Code,    or  any
 33        attempt,  racketeering, solicitation, conspiracy or aiding or abetting any
 34        of the above offenses and such person  has  been  convicted  of  a  felony
 35        violation  of one (1) or more of the above offenses in this state prior to
 36        January 1, 2003, or has been convicted of a felony violation of  any  sub-
 37        stantially equivalent offense in another state, territory, commonwealth or
 38        other jurisdiction of the United States, including tribal courts and mili-
 39        tary courts prior to January 1, 2003;
 40        (b)  Is  not  required  to  register pursuant to subsection (1)(a) of this
 41        section, and who on or after January 1, 2003,  is  convicted,  whether  in
 42        this state or in another state, territory, commonwealth or other jurisdic-
 43        tion of the United States, including tribal courts and military courts, of
 44        two (2) or more crimes, attempts, racketeering, solicitation, conspiracies
 45        to  commit  or  aiding and abetting a crime listed in subsection (1)(a) of
 46        this section if committed within this state or of any substantially equiv-
 47        alent offense in any another jurisdiction.
 48        (2)  With the exception of section 18-9006(1), Idaho Code, the  provisions
 49    of  this chapter shall not apply to any such person while the person is incar-
 50    cerated in a correctional facility, a county jail facility or committed  to  a
 51    mental health institution of the department of health and welfare.
 52        (3)  A  conviction  for purposes of this chapter means that the person has
 53    pled guilty or has been found guilty, notwithstanding the form of the judgment
                                                                        
                                           3
                                                                        
  1    or withheld judgment.
  2        (4)  For purposes of this section, any person who pleads guilty to  or  is
  3    found    guilty  of  a violation of the applicable  sections of the Idaho Code
  4    enumerated in subsection (1)(a) of this section or any substantially  conform-
  5    ing  criminal violations, notwithstanding the form of the judgment(s) or with-
  6    held judgment(s), shall be deemed to be a conviction or convictions.
                                                                        
  7        18-9005.  CENTRAL REGISTRY -- NOTICE TO AGENCIES. (1) The department shall
  8    establish and maintain a central drug  pusher  registry  separate  from  other
  9    records  maintained  by the department. The registry shall include, but is not
 10    limited to, fingerprints, photographs, and other  information  collected  from
 11    submitted  forms and other communications relating to notice of duty to regis-
 12    ter, drug pusher registration and notice of address change.
 13        (2)  Upon receipt of information pursuant to section 18-9007, Idaho  Code,
 14    the  department  shall notify the law enforcement agencies having jurisdiction
 15    where the offender resides or will reside, enter information  in  the  central
 16    registry,  and transmit the appropriate information as required by the federal
 17    bureau of investigation for inclusion in a national drug pusher registry  when
 18    one  exists.  Upon  receipt  of  a notice of an offender changing residence to
 19    another state, the department shall notify the central registry of  the  state
 20    to  which  the  offender  is moving if a registry exists. The department shall
 21    adopt rules relating to providing notice of address changes to law enforcement
 22    agencies, developing forms, operating the central registry, reviewing and cor-
 23    recting records, and expunging records of persons who are deceased, whose con-
 24    victions have been reversed or who have been pardoned, and those for  whom  an
 25    order  of expungement or relief from registration has been entered pursuant to
 26    section 18-9009, Idaho Code.
 27        (3)  The department shall develop and distribute to  appropriate  agencies
 28    the  standardized  forms  necessary for the administration of the registry and
 29    shall provide appropriate agencies with instructions for completing  and  sub-
 30    mitting  the  forms. The attorney general shall approve the forms and instruc-
 31    tions prior to distribution.
                                                                        
 32        18-9006.  NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION. (1)  A per-
 33    son convicted of a felony offense identified in section 18-9004,  Idaho  Code,
 34    and released on probation without a sentence of incarceration in a county jail
 35    or  correctional  facility, including release pursuant to a withheld judgment,
 36    shall be notified by the sentencing court of the duty to register pursuant  to
 37    the provisions of this chapter. The court or the court's designee shall ensure
 38    that  the  written  notification  shall be completed on a form provided by the
 39    department and approved by the attorney general and shall  be  signed  by  the
 40    defendant.  The  court  shall retain one (1) copy, provide one (1) copy to the
 41    offender, and submit one (1) copy to the central  registry  within  three  (3)
 42    working days of release.
 43        (2)  With respect to an offender convicted of a drug offense identified in
 44    section  18-9004,  Idaho Code, and sentenced to a period of incarceration in a
 45    county jail or correctional facility or committed to a mental health  institu-
 46    tion  and  subsequently released, placed on probation, or paroled, the depart-
 47    ment of correction,  jail or mental health institution shall provide, prior to
 48    release from confinement, written notification of the duty  to  register.  The
 49    written  notification  shall  be  on  a  form  provided  by the department and
 50    approved by the attorney general and shall be  signed  by  the  offender.  The
 51    department  of  correction  or jail shall retain one (1) copy, provide one (1)
 52    copy to the offender, and submit one (1) copy  to the central registry  within
 53    three (3) working days of release.
                                                                        
                                           4
                                                                        
  1        (3)  The  sheriff  of each county shall provide written notification, on a
  2    form provided by the Idaho  transportation  department  and  approved  by  the
  3    attorney general, of the registration requirements of this chapter to any per-
  4    son  who  enters this state from another jurisdiction and makes an application
  5    for a license to operate a motor vehicle in this state or personal identifica-
  6    tion card. The form shall include language that the  applicant  has  read  the
  7    form  before  signing it. The written notice shall be signed by the applicant.
  8    One (1) copy of the form shall be retained by the sheriff's office and one (1)
  9    copy of the form shall be provided to the applicant.
 10        (4)  Notification of the duty to register as set forth in subsections  (1)
 11    and  (2) of this section shall constitute an initial registration for the pur-
 12    pose of establishing a record in the central registry.
 13        (5)  The notification form provided by the department and approved by  the
 14    attorney general shall:
 15        (a)  Explain the duty to register, the procedure for registration and pen-
 16        alty for failure to comply with registration requirements;
 17        (b)  Inform  the  offender  of  the  requirement  to provide notice of any
 18        change of address within Idaho or to another state within five (5) days of
 19        such change;
 20        (c)  Inform the offender of the requirement to register  in  a  new  state
 21        within  ten  (10)  days  of changing residence to that state if a registry
 22        exists; and
 23        (d)  Obtain from the offender and agency or  court,  information  required
 24        for  initial  registration in the central registry, as prescribed by rules
 25        promulgated by the department.
 26        (6)  The official conducting the notice  and  initial  registration  shall
 27    ensure  that  the  notification form is complete, that the offender has signed
 28    the form verifying that he has read it, and that a copy is  forwarded  to  the
 29    central repository within the required time period.
 30        (7)  Information required for initial registration in the central registry
 31    shall include, but is not limited to: name and aliases of the offender; social
 32    security number; physical descriptors; current address or physical description
 33    of  current residence; offense for which convicted, sentence and conditions of
 34    release; treatment or counseling received; and risk assessment or special cat-
 35    egory of offender.
 36        (8)  No person subject to registration shall willfully  furnish  false  or
 37    misleading  information  when  complying  with  registration  and notification
 38    requirements of this chapter.
                                                                        
 39        18-9007.  LOCAL AND ANNUAL REGISTRATION. (1) Within ten (10) days of  com-
 40    ing  into any county to establish residence or temporary domicile, an offender
 41    who is required to register shall register with the sheriff of the county. The
 42    offender thereafter shall update the registration annually.  If  the  offender
 43    intends  to  reside in another state, the offender shall register in the other
 44    state within ten (10) days of moving to that state.
 45        (2)  Annual registration shall be conducted as follows:
 46        (a)  With  the  exception  of  those  offenders   described   in   section
 47        18-9004(2),  Idaho Code, on or about the first day of the month containing
 48        the anniversary date of the initial  registration,  the  department  shall
 49        mail a nonforwardable notice of annual registration to the offender's last
 50        reported address;
 51        (b)  Within  ten (10) days of the mailing date of the notice, the offender
 52        shall appear in person at the office of the sheriff with jurisdiction  for
 53        the purpose of completing the registration process;
 54        (c)  If  the  notice  is  returned to the department as not delivered, the
                                                                        
                                           5
                                                                        
  1        department shall inform the sheriff with whom the offender last registered
  2        of the returned notice;
  3        (d)  Within ten (10) days of their release from the department of  correc-
  4        tion,  county  jail  or mental health institution, offenders who have been
  5        subject to initial or annual registration requirements of this chapter who
  6        later were exempted from application of the  chapter pursuant  to  section
  7        18-9004(2),  Idaho Code, shall appear in person at the office of the sher-
  8        iff with jurisdiction for the purpose of completing the registration proc-
  9        ess.
 10        (3)  Registration, whether initial or annual, shall consist of a form pro-
 11    vided by the department and approved by the attorney general, which  shall  be
 12    signed  by  the offender and shall require the following information about the
 13    offender:
 14        (a)  Name and all aliases which the person has used  or  under  which  the
 15        person has been known;
 16        (b)  A  complete description of the person including the date of birth and
 17        social security number;
 18        (c)  Name of each offense enumerated in section 18-9004,  Idaho  Code,  of
 19        which  the  person  was convicted, where each offense was committed, where
 20        the person was convicted of each offense, and the  name  under  which  the
 21        person was convicted of each offense;
 22        (d)  The  name and location of each hospital, jail or penal institution to
 23        which the person was committed for each offense covered under  this  chap-
 24        ter;
 25        (e)  School or college enrollment; and
 26        (f)  Address  or  physical  description  of current residence and place of
 27        employment.
 28        (4)  An offender shall pay a fee of forty dollars ($40.00) to the  sheriff
 29    at  the  time  of  each  registration. At the time of annual registration, the
 30    sheriff shall obtain a photograph and fingerprints, in a  manner  approved  by
 31    the  department,  and  may  require  the  offender  to provide full palm print
 32    impressions of each hand. The fees collected under this section shall be  used
 33    by the sheriff to defray the costs of drug pusher registration.
 34        (5)  The  sheriff  shall forward the completed and signed form, photograph
 35    and fingerprints to the department within three (3) working days of the regis-
 36    tration.
 37        (6)  The official conducting the initial registration  shall  ensure  that
 38    the  notification  form  is complete and that the offender has signed the form
 39    verifying that he has read it.
 40        (7)  No person subject to registration shall furnish false  or  misleading
 41    information  when complying with registration and notification requirements of
 42    this chapter.
 43        (8)  The sheriff, or appointed deputies, may visit the residence of a reg-
 44    istered drug pusher within the county at any reasonable  time  to  verify  the
 45    address provided at the time of registration.
                                                                        
 46        18-9008.  CHANGE  OF ADDRESS OR NAME. (1) If a registered offender changes
 47    address or actual residence, the offender shall provide written notice of  the
 48    new address within five (5) days after the change to the sheriff of the county
 49    where  the  offender is required to register and to the department. The notice
 50    shall be on a form provided by the department. Within three (3)  working  days
 51    after receipt of the notice, the sheriff shall forward a copy of the notice to
 52    the department.
 53        (2)  If  a  registered  offender  changes  address  to  another state, the
 54    offender shall provide written notice of the new address within five (5)  days
                                                                        
                                           6
                                                                        
  1    after  the change to the department and to the sheriff of the county where the
  2    offender is required to register.
  3        (3)  A registered offender whose legal name is changed by marriage,  judi-
  4    cial  order or any other means shall provide written notice of the name change
  5    to the sheriff and the department within five (5) days of the order, event  or
  6    other occurrence.
  7        (4)  The  sheriff may charge a fee of twenty dollars ($20.00) for process-
  8    ing the change of address, residence or name.
                                                                        
  9        18-9009.  RELEASE FROM REGISTRATION REQUIREMENTS -- EXPUNGEMENT --  EXCEP-
 10    TION  TO  REQUIREMENTS OF CHAPTER. (1) Any person who is required to register,
 11    may, after a period of ten (10) years from the date the  person  was  released
 12    from incarceration or commitment to a mental health institution of the depart-
 13    ment  of health and welfare, or placed on parole, supervised release or proba-
 14    tion, whichever is greater, petition the district court for a show cause hear-
 15    ing to determine whether the person shall be exempted from the duty to  regis-
 16    ter under this chapter. In the petition the petitioner shall:
 17        (a)  Provide  clear  and convincing evidence that the petitioner is not at
 18        risk to commit a new violation of any violent crime or crime identified in
 19        section 18-9004, Idaho Code;
 20        (b)  Provide an affidavit indicating that the petitioner does not  have  a
 21        criminal  charge  pending  nor  is the petitioner knowingly under criminal
 22        investigation for  any  violent  crime  or  crime  identified  in  section
 23        18-9004, Idaho Code;
 24        (c)  Provide proof of service of such petition upon the county prosecuting
 25        attorney for the county in which the application is made; and
 26        (d)  Provide  a certified copy of the judgment which caused the petitioner
 27        to report as a drug pusher.
 28        The district court may grant a hearing if it finds that  the  petition  is
 29    sufficient.  The court shall provide at least sixty (60) days' prior notice of
 30    the hearing to the petitioner and the county prosecuting attorney.
 31        The court may exempt the petitioner from the  reporting  requirement  only
 32    after a hearing on the petition in open court and only upon proof by clear and
 33    convincing  evidence that the petitioner is not at risk to commit a new viola-
 34    tion of any violent crime or crime identified in section 18-9004, Idaho Code.
 35        (2)  Concurrent with the entry of any order exempting the petitioner  from
 36    the  reporting  requirement,  the court may further order that any information
 37    regarding the petitioner be expunged from the central registry.
 38        (3)  No person shall be required to register under this chapter if a state
 39    or federal court of competent jurisdiction has made a written finding that the
 40    person has provided substantial cooperation to any local, state or federal law
 41    enforcement agency.
                                                                        
 42        18-9010.  PENALTIES. (1) An offender subject to registration who fails  to
 43    register  or provide any notice as required by this chapter shall be guilty of
 44    a felony and shall be punished by imprisonment in the state prison system  for
 45    a  period  not to exceed five (5) years and by a fine not to exceed five thou-
 46    sand dollars ($5,000). If the offender is on  probation  or  other  supervised
 47    release  or  suspension  from  incarceration at the time of the violation, the
 48    probation or supervised release or suspension shall be revoked and the penalty
 49    for violating this chapter shall be served  consecutively  to  the  offender's
 50    original sentence.
 51        (2)  An offender subject to registration under this chapter, who willfully
 52    provides  false  or misleading information in the registration required, shall
 53    be guilty of a felony and shall be punished by imprisonment in a state  prison
                                                                        
                                           7
                                                                        
  1    for  a period not to exceed five (5) years and a fine not to exceed five thou-
  2    sand dollars ($5,000).
                                                                        
  3        18-9011.  PUBLIC ACCESS TO  DRUG  PUSHER  OFFENDER  REGISTRY  INFORMATION.
  4    Information  within  the  drug  pusher offender registry collected pursuant to
  5    this chapter is subject to release only as provided by this section.
  6        (1)  The department shall provide public access to  information  contained
  7    in  the  central drug pusher offender registry by written request. The depart-
  8    ment, after consultation with and input from sheriffs of the state, shall pro-
  9    mulgate rules defining the processes for providing information to  the  public
 10    and  the  requirements for retention of inquiry records by the department. The
 11    department may also provide public access to the drug pusher offender registry
 12    by means of the internet.
 13        (2)  The department will respond to requests for drug pusher offender reg-
 14    istry information within ten (10) working  days  of  receipt  of  the  written
 15    request.
 16        (a)  Any  person  may  inquire  about  a named individual by submitting an
 17        information request form obtained from  the  department  or  sheriff.  The
 18        department  shall promulgate rules outlining the methods and means of sub-
 19        mitting requests. Information  required  for  inquiry  shall  include  the
 20        individual's  full  name  and address, or full name and date of birth. The
 21        requester shall  provide  his  full  name,  street  address  and  driver's
 22        license, social security number or state identification number.
 23        (b)  Any  person  may  request  a  list of registered drug pushers by geo-
 24        graphic area, such as by county or by zip  code  area,  as  determined  by
 25        rule,  by submitting an information request form obtained from the depart-
 26        ment. The requester shall  provide  his  full  name,  street  address  and
 27        driver's license, social security number or state identification number.
 28        (c)  Schools or organizations working with youth or other vulnerable popu-
 29        lations  may  request  a statewide list or lists by geographic area within
 30        the state.
 31        (d)  The department may collect a fee of five  dollars  ($5.00)  for  each
 32        inquiry response.
 33        (e)  Information to be provided includes the offender's name, address, any
 34        aliases  or  prior  names,  date of birth, the crime of conviction and the
 35        place of conviction.
 36        (f)  Identity of the offender's employer or educational  institution  cur-
 37        rently attended will not be provided for any registered drug pusher.
 38        (g)  Information  identifying  any person related to, living with, working
 39        for, employing or otherwise associated with a registered drug pusher shall
 40        be excluded from release.
 41        (3)  The department shall provide to any person, upon written request  and
 42    at a reasonable cost, determined by the department, a photograph of any regis-
 43    tered  drug  pusher  which the department maintains in its central drug pusher
 44    offender registry. The department shall respond to  requests  for  photographs
 45    within fifteen (15) working days of receipt.
 46        (4)  Fees  received  by  the  department pursuant to this section shall be
 47    deposited in the department's miscellaneous revenue fund and used  to  support
 48    the operation of the central registry.
 49        (5)  The  department shall include a cautionary statement relating to com-
 50    pleteness, accuracy and use of registry information when releasing information
 51    to the public or noncriminal justice agencies as well as a statement  concern-
 52    ing  the penalties provided in section 18-9014, Idaho Code, for misuse of reg-
 53    istry information.
 54        (6)  Information released pursuant to this section may be  used  only  for
                                                                        
                                           8
                                                                        
  1    the protection of the public.
  2        (7)  Further dissemination of registry information by any person or entity
  3    shall  include  the  cautionary  statements required in subsection (5) of this
  4    section.
                                                                        
  5        18-9012.  DISSEMINATION OF REGISTRY INFORMATION. (1) The department  shall
  6    disseminate any registration information collected under this chapter, includ-
  7    ing  change  of  address  notification,  to  any  law  enforcement agency upon
  8    request.
  9        (2)  The department shall disseminate any  registration  information  col-
 10    lected  under this chapter including change of address notification, to crimi-
 11    nal justice agencies through the telecommunications system established in sec-
 12    tion 19-5202, Idaho Code. Registry information  provided  under  this  section
 13    shall  be used only for the administration of criminal justice or for the pro-
 14    tection of the public as permitted by this chapter.
 15        (3)  The department shall provide quarterly to the superintendent of  pub-
 16    lic  instruction and to the director of the department of health and welfare a
 17    list of all  offenders required to register with the central registry together
 18    with  the  address,  date  of  birth and crime of conviction for each offender
 19    listed. The superintendent may further distribute the list or portions thereof
 20    to school districts or to schools.
 21        (4)  The department shall release  quarterly  to  the  public  a  list  of
 22    offenders  thirty  (30) days or more delinquent in maintaining registration or
 23    address verification. Offenders subject to being listed include those who have
 24    failed:
 25        (a)  To register with a sheriff after initial registration  under  section
 26        18-9007, Idaho Code; and
 27        (b)  To register annually as required in section 18-9007, Idaho Code.
 28        (5)  The  department shall include a cautionary statement relating to com-
 29    pleteness, accuracy and use of registry information when releasing information
 30    to the public or noncriminal justice agencies as well as a statement  concern-
 31    ing  the penalties provided in section 18-9014, Idaho Code, for misuse of reg-
 32    istry information.
 33        (6)  Information released pursuant to this section may be  used  only  for
 34    the protection of the public.
 35        (7)  Further dissemination of registry information by any person or entity
 36    shall  include  the  cautionary  statements required in subsection (5) of this
 37    section.
                                                                        
 38        18-9013.  EXEMPTION FROM CERTAIN LIABILITY. (1) No person or  governmental
 39    entity,  other  than those specifically charged in this chapter with a duty to
 40    collect information  under  this  chapter  regarding  registered  drug  pusher
 41    offenders,  has  a  duty  to  inquire, investigate or disclose any information
 42    regarding registered drug pusher offenders.
 43        (2)  No person or  governmental  entity,  other  than  those  specifically
 44    charged  in  this chapter with an affirmative duty to provide public access to
 45    information regarding registered drug pusher offenders, shall be  held  liable
 46    for  any  failure to disclose any information regarding registered drug pusher
 47    offenders to any other person or entity.
 48        (3)  Every person or governmental entity who,  acting  without  malice  or
 49    criminal  intent, obtains or disseminates information under this chapter shall
 50    be immune from civil liability for any damages claimed as  a  result  of  such
 51    disclosures made or received.
 52        (4)  No  person  or  governmental entity may be held civilly or criminally
 53    liable for actions or omissions in the performance of the duties of his office
                                                                        
                                           9
                                                                        
  1    under the provisions of this chapter, if the  person  or  governmental  entity
  2    acts in good faith and without malice.
                                                                        
  3        18-9014.  PENALTIES   FOR  VIGILANTISM  OR  OTHER  MISUSE  OF  INFORMATION
  4    OBTAINED UNDER THIS CHAPTER. Any person who uses information obtained pursuant
  5    to this chapter to commit a crime or to cause physical harm to any  person  or
  6    damage  to  property  shall be guilty of a misdemeanor and, in addition to any
  7    other punishment, be subject to imprisonment in the county jail for  a  period
  8    not  to  exceed  one (1) year, or by a fine not to exceed one thousand dollars
  9    ($1,000), or both.
                                                                        
 10        SECTION 2.  That Section 7-805, Idaho Code, be, and  the  same  is  hereby
 11    amended to read as follows:
                                                                        
 12        7-805.  RESTRICTIONS  ON  NAME  CHANGES  FOR CONVICTED SEXUAL OFFENDERS OR
 13    CONVICTED DRUG PUSHERS -- NOTIFICATION OF NAME  CHANGES  OF  CONVICTED  SEXUAL
 14    OFFENDERS OR DRUG PUSHERS. (1) No person shall apply for a change of name with
 15    the  intent or purpose of avoiding registration as a convicted sexual offender
 16    pursuant to chapter 83, title 18, Idaho Code, or a convicted drug  pusher,  as
 17    defined in section 18-9003, Idaho Code, required to register pursuant to chap-
 18    ter 90, title 18, Idaho Code. No name change shall be granted to any person if
 19    the  name  change would have the effect of relieving the person of the duty to
 20    register as a convicted sexual offender under  chapter  83,  title  18,  Idaho
 21    Code,  or  as  a  convicted  drug pusher, as defined in section 18-9003, Idaho
 22    Code, required to register pursuant to chapter 90, title 18,  Idaho  Code,  or
 23    under the provisions of similar laws enacted by another state.
 24        (2)  The court granting a name change to any individual required to regis-
 25    ter  as  a convicted sexual offender pursuant to the provisions of chapter 83,
 26    title 18, Idaho Code, or as a convicted drug pusher,  as  defined  in  section
 27    18-9003,  Idaho Code, required to register pursuant to the provisions of chap-
 28    ter 90, title 18, Idaho Code, shall provide notice of the name change  to  the
 29    Idaho  state  police,  central sexual offender registry or central drug pusher
 30    offender registry. This notice shall include  the  offender's  name  prior  to
 31    change,  new  name,  social  security  number,  date  of  birth and last known
 32    address.
                                                                        
 33        SECTION 3.  The provisions of this act shall  be  implemented  and  become
 34    effective on and after July 1, 2004, provided adequate funding from nongeneral
 35    fund revenue for initial start-up costs to implement this act is available, or
 36    at  an earlier date if, prior to July 1, 2004, the director of the Idaho State
 37    Police determines that there is adequate funding from nongeneral fund  revenue
 38    for  initial  start-up  costs  to implement the provisions of this act. In the
 39    event the director determines that adequate funds for initial  start-up  costs
 40    to  implement  this  act  are available prior to July 1, 2004, he shall file a
 41    certificate with the Office of the Secretary of State representing that he has
 42    determined adequate funding is available and that the provisions of  this  act
 43    shall become effective on a date certain as provided in the certificate, which
 44    date  shall  be  no  earlier than sixty days after the date the certificate is
 45    filed. In the event adequate funding from nongeneral fund revenue for  initial
 46    start-up  costs  to  implement  this act is not available on or before July 1,
 47    2004, the provisions of this act shall be null,  void  and  of  no  force  and
 48    effect on and after July 1, 2004.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE
                      RS 11422C3

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


$48,550 Start-up costs to be paid by non-General Fund revenue. 
On-going $49,500 implemented after July 1, 2004 only if start-up 
costs are funded by other sources.

These costs will potentially be offset by efficiencies in law 
enforcement, reduction in incarceration numbers and reduced health 
and social costs.






Contact
Name :	Senator John Sandy
Phone:	332-1305
Name :	Representative Todd Hammond
Phone:	332-1230



STATEMENT OF PURPOSE/FISCAL NOTE	      S 1448