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H0048...........................................................by MR. SPEAKER
Requested by: Idaho State Police
BURGLARY - Amends existing law to require that persons convicted of or
pleading guilty to burglary shall be required to provide a DNA sample and a
right thumbprint impression.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 48 BY MR. SPEAKER Requested by: Idaho State Police 1 AN ACT 2 RELATING TO THE IDAHO DNA DATABASE ACT OF 1996; AMENDING SECTION 19-5506, 3 IDAHO CODE, TO PROVIDE AN ADDITIONAL CLASS OF OFFENDERS REQUIRED TO PRO- 4 VIDE A DNA SAMPLE AND A RIGHT THUMBPRINT IMPRESSION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 19-5506, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 19-5506. SCOPE OF LAW -- OFFENDERS SUBJECT TO SAMPLE COLLECTION -- EARLY 9 COLLECTION OF SAMPLES. (1) Any person, including any juvenile tried as an 10 adult, who is convicted of, or pleads guilty to, any of the following crimes, 11 regardless of the form of judgment or withheld judgment, and regardless of the 12 sentence imposed or disposition rendered, shall be required to provide to the 13 Idaho state police, a DNA sample and a right thumbprint impression: 14 (a) Aggravated arson (section 18-805, Idaho Code); 15 (b) Aggravated assault (section 18-905, Idaho Code); 16 (c) Aggravated battery (section 18-907, Idaho Code); 17 (d) Assault with the intent to commit a serious felony (section 18-909, 18 Idaho Code); 19 (e) Battery with the intent to commit a serious felony (section 18-911, 20 Idaho Code); 21 (f) Burglary (section 18-1401, Idaho Code); 22 (g) Injury to a child (section 18-1501(1), Idaho Code); 23 (gh) Sexual abuse of a child under the age of sixteen years (section 24 18-1506, Idaho Code); 25 (hi) Possession of sexually exploitive material for other than a commer- 26 cial purpose (section 18-1507A, Idaho Code); 27 (ij) Lewd conduct with minor child under sixteen (section 18-1508, Idaho 28 Code); 29 (jk) Sexual battery of a minor child sixteen or seventeen years of age 30 (section 18-1508A, Idaho Code); 31 (kl) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code); 32 (lm) Manslaughter (section 18-4006(1) or (2), Idaho Code); 33 (mn) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code); 34 (no) Mayhem (section 18-5001, Idaho Code); 35 (op) Rape (section 18-6101, Idaho Code); 36 (pq) Robbery (section 18-6501, Idaho Code); 37 (qr) Incest (section 18-6602, Idaho Code); 38 (rs) Crime against nature (section 18-6605, Idaho Code); 39 (st) Forcible sexual penetration (section 18-6608, Idaho Code); 40 (tu) Racketeering (section 18-7804, Idaho Code); 41 (uv) Transfer of body fluid which may contain the HIV virus (section 42 39-608, Idaho Code); 43 (vw) Failure to register as sex offender (sections 18-8304 and 18-8308, 2 1 Idaho Code). 2 (2) In addition to those crimes enumerated in subsection (1) of this sec- 3 tion, any person, including any juvenile tried as an adult, who is convicted 4 for an attempt to commit any of the following crimes, regardless of the form 5 of judgment or withheld judgment, and regardless of the sentence imposed or 6 disposition rendered, shall be required to provide to the Idaho state police, 7 a DNA sample and a right thumbprint impression: 8 (a) Aggravated arson (section 18-805, Idaho Code); 9 (b) Sexual abuse of a child under the age of sixteen years (section 10 18-1506, Idaho Code); 11 (c) Injury to a child (section 18-1501(1), Idaho Code); 12 (d) Lewd conduct with minor child under sixteen (section 18-1508, Idaho 13 Code); 14 (e) Sexual battery of a minor child sixteen or seventeen years of age 15 (section 18-1508A, Idaho Code); 16 (f) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code); 17 (g) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code); 18 (h) Mayhem (section 18-5001, Idaho Code); 19 (i) Rape (section 18-6101, Idaho Code); 20 (j) Robbery (section 18-6501, Idaho Code); 21 (k) Incest (section 18-6602, Idaho Code); 22 (l) Crime against nature (section 18-6605, Idaho Code); 23 (m) Forcible sexual penetration (section 18-6608, Idaho Code); 24 (n) Transfer of body fluid which may contain the HIV virus (section 25 39-608, Idaho Code). 26 (3) This chapter's requirements for submission to tests and procedures 27 for obtaining a DNA sample and thumbprint impression from the persons 28 described above are mandatory and apply to those persons convicted of such 29 crimes covered in this chapter prior to its effective date, and who, as a 30 result of the offense, are incarcerated in a county jail facility or a penal 31 facility or are under probation or parole supervision after the effective date 32 of this chapter. 33 (4) The collection of samples and impressions specified in this chapter 34 are required regardless of whether the person previously has supplied a DNA 35 sample to law enforcement agencies in any other jurisdiction. 36 (5) The requirements of this chapter are mandatory and apply regardless 37 of whether a court advises a person that samples and impressions must be pro- 38 vided to the databank and database as a condition of probation or parole. 39 (6) Persons who have been sentenced to death, or life without the possi- 40 bility of parole, or to any life or indeterminate term are not exempt from the 41 requirements of this chapter.
STATEMENT OF PURPOSE
RS 12316
Amends The Idaho DNA Act of 1996 by adding "burglaries" to the list
of crimes for which individuals convicted or pleading guilty to
must provide DNA samples for addition to the Idaho DNA Database.
FISCAL IMPACT
No fiscal impact.
CONTACT
Name: Saundra K. DeKlotz
Agency: Idaho State Police
Phone: 884-7201
Statement of Purpose/Fiscal Impact H 4