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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
|||| 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.
|||| 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".
|||| 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
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