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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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. 3 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.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved 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,".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 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