2003 Legislation
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HOUSE BILL NO. 3 – Violent sexual predatr/info publish

HOUSE BILL NO. 3

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Daily Data Tracking History



H0003aa...............................................................by CLARK
VIOLENT SEXUAL PREDATORS - Amends existing law to require the sheriff to
publish in a newspaper information concerning registration within the county
of a person classified as a violent sexual predator presenting high risk of
reoffense.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to Jud
01/30    Rpt out - to Gen Ord
01/31    Rpt out amen - to engros
02/03    Rpt engros - 1st rdg - to 2nd rdg as amen
02/04    2nd rdg - to 3rd rdg as amen
02/05    3rd rdg as amen - PASSED - 70-0-0
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
      Smith(24) Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Clark
    Title apvd - to Senate
02/06    Senate intro - 1st rdg - to Jud
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Lodge
    Title apvd - to House
02/19    To enrol
02/20    Rpt enrol - Sp signed
02/21    Pres signed
02/24    To Governor
02/27    Governor signed
         Session Law Chapter 28
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                      HOUSE BILL NO. 3
                                                                        
                                          BY CLARK
                                                                        
  1                                        AN ACT
  2    RELATING TO DISSEMINATION OF SEXUAL OFFENDER  REGISTRY  INFORMATION;  AMENDING
  3        SECTION  18-8324,  IDAHO CODE, TO REQUIRE WIDEST POSSIBLE DISSEMINATION BY
  4        THE SHERIFF OF REGISTRATION OF CERTAIN HIGH RISK VIOLENT SEXUAL  PREDATORS
  5        WITHIN THE COUNTY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 18-8324, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        18-8324.  DISSEMINATION OF REGISTRY INFORMATION. (1) The department  shall
 10    disseminate any registration information collected under this chapter, includ-
 11    ing  change  of address notification, to criminal justice agencies through the
 12    telecommunications system established in section 19-5202, Idaho Code. Registry
 13    information provided under this section shall be used only for the administra-
 14    tion of criminal justice or for the protection of the public as  permitted  by
 15    this chapter.
 16        (2)  The  department shall provide quarterly to the superintendent of pub-
 17    lic instruction and to the director of the department of health and welfare  a
 18    list  of  all  sexual offenders required to register with the central registry
 19    together with the address, date of birth and  crime  of  conviction  for  each
 20    offender  listed.  The  superintendent may further distribute the list or por-
 21    tions thereof to school districts or to schools.
 22        (3)  The department shall release  quarterly  to  the  public  a  list  of
 23    offenders  thirty  (30) days or more delinquent in maintaining registration or
 24    address verification. Offenders subject to being listed include those who have
 25    failed:
 26        (a)  To register with a sheriff after initial registration  under  section
 27        18-8307, Idaho Code;
 28        (b)  To register annually as required in section 18-8307, Idaho Code; and
 29        (c)  To  respond  to an address verification notice as required in section
 30        18-8308, Idaho Code.
 31        (4)  The department shall include a cautionary statement relating to  com-
 32    pleteness, accuracy and use of registry information when releasing information
 33    to  the public or noncriminal justice agencies as well as a statement concern-
 34    ing the penalties provided in section 18-8326, Idaho Code, for misuse of  reg-
 35    istry information.
 36        (5)  Information  released  pursuant  to this section may be used only for
 37    the protection of the public.
 38        (6)  Further dissemination of registry information by any person or entity
 39    shall include the cautionary statements required in  subsection  (4)  of  this
 40    section.
 41        (7)  Upon  registration  in  a  county of a person classified as a violent
 42    sexual predator presenting a high risk of reoffense by the Idaho sex  offender
 43    classification  board,  or  an equivalent classification in another state, the
                                                                        
                                           2
                                                                        
  1    sheriff shall cause to be disseminated by widest  possible  means,  the  name,
  2    address and photograph of said person within seven (7) days of registration.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Clark               
                                                                        
                                                     Seconded by Wills               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE AMENDMENT TO H.B. NO. 3
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the printed bill, in line 1,  delete "cause  to  be  dissemi-
  3    nated  by  widest possible means"  and insert: "publish in a newspaper in gen-
  4    eral circulation within the county once  a  week  for  three  (3)  consecutive
  5    weeks"; in line 2, delete "and" and insert: ","; and also in line 2, following
  6    "person"  insert:  "and offense the offender has committed";  and also in line
  7    2, delete "seven (7)" and insert: "thirty (30)"; and also in line 2, following
  8    "registration." insert: "The sheriff shall  charge  a  fee  of  fifty  dollars
  9    ($50.00)  in  addition to any other fees authorized by this chapter to be paid
 10    by the sex offender to offset the cost of publication.".
                                                                        
 11                                 CORRECTION TO TITLE
 12        On page 1, in line 3, delete "WIDEST POSSIBLE DISSEMINATION"  and  insert:
 13    "PUBLICATION IN A NEWSPAPER".

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


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                HOUSE BILL NO. 3, As Amended
                                                                        
                                          BY CLARK
                                                                        
  1                                        AN ACT
  2    RELATING TO DISSEMINATION OF SEXUAL OFFENDER  REGISTRY  INFORMATION;  AMENDING
  3        SECTION  18-8324, IDAHO CODE, TO REQUIRE PUBLICATION IN A NEWSPAPER BY THE
  4        SHERIFF OF REGISTRATION OF CERTAIN  HIGH  RISK  VIOLENT  SEXUAL  PREDATORS
  5        WITHIN THE COUNTY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 18-8324, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        18-8324.  DISSEMINATION OF REGISTRY INFORMATION. (1) The department  shall
 10    disseminate any registration information collected under this chapter, includ-
 11    ing  change  of address notification, to criminal justice agencies through the
 12    telecommunications system established in section 19-5202, Idaho Code. Registry
 13    information provided under this section shall be used only for the administra-
 14    tion of criminal justice or for the protection of the public as  permitted  by
 15    this chapter.
 16        (2)  The  department shall provide quarterly to the superintendent of pub-
 17    lic instruction and to the director of the department of health and welfare  a
 18    list  of  all  sexual offenders required to register with the central registry
 19    together with the address, date of birth and  crime  of  conviction  for  each
 20    offender  listed.  The  superintendent may further distribute the list or por-
 21    tions thereof to school districts or to schools.
 22        (3)  The department shall release  quarterly  to  the  public  a  list  of
 23    offenders  thirty  (30) days or more delinquent in maintaining registration or
 24    address verification. Offenders subject to being listed include those who have
 25    failed:
 26        (a)  To register with a sheriff after initial registration  under  section
 27        18-8307, Idaho Code;
 28        (b)  To register annually as required in section 18-8307, Idaho Code; and
 29        (c)  To  respond  to an address verification notice as required in section
 30        18-8308, Idaho Code.
 31        (4)  The department shall include a cautionary statement relating to  com-
 32    pleteness, accuracy and use of registry information when releasing information
 33    to  the public or noncriminal justice agencies as well as a statement concern-
 34    ing the penalties provided in section 18-8326, Idaho Code, for misuse of  reg-
 35    istry information.
 36        (5)  Information  released  pursuant  to this section may be used only for
 37    the protection of the public.
 38        (6)  Further dissemination of registry information by any person or entity
 39    shall include the cautionary statements required in  subsection  (4)  of  this
 40    section.
 41        (7)  Upon  registration  in  a  county of a person classified as a violent
 42    sexual predator presenting a high risk of reoffense by the Idaho sex  offender
 43    classification  board,  or  an equivalent classification in another state, the
                                                                        
                                           2
                                                                        
  1    sheriff shall publish in a newspaper in general circulation within the  county
  2    once  a week for three (3) consecutive weeks, the name, address, photograph of
  3    said person and offense the offender has committed within thirty (30) days  of
  4    registration.  The  sheriff  shall  charge  a fee of fifty dollars ($50.00) in
  5    addition to any other fees authorized by this chapter to be paid  by  the  sex
  6    offender to offset the cost of publication.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS 12428


This legislation will ensure the public safety for vulnerable
victims who may be otherwise unaware of the presence of certain
sexual predators.  This legislation applies only to the worst
sexual offenders who are deemed sexual predators by the Sex
Offenders Classification Board, or by a similar board in another
state.





                          FISCAL NOTE
No fiscal impact to the State General Fund.




CONTACT:
Representative Jim Clark
332-1000




STATEMENT OF PURPOSE/FISCAL NOTE       H