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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 - 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.
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 - 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,".
|||| 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
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