2003 Legislation
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SENATE BILL NO. 1163 – Employer of sex offender, liability

SENATE BILL NO. 1163

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Daily Data Tracking History



S1163...................................................by JUDICIARY AND RULES
EMPLOYER OF SEX OFFENDER - LIABILITY - Amends and adds to existing law to
provide for civil liability for private employers who fail to provide
notification regarding registered sexual offenders; and to require employers
to send written notice to minor employees and their parents or guardians.
                                                                        
03/13    Senate intro - 1st rdg - to printing
03/14    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1163
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SEX OFFENDER NOTIFICATION; AMENDING SECTIONS 18-8325 AND  18-8412,
  3        IDAHO  CODE,  TO  PROVIDE DESCRIPTIVE LANGUAGE, TO PROVIDE CODE REFERENCES
  4        AND TO PROVIDE FOR CIVIL LIABILITY FOR EMPLOYERS WHO FAIL TO PROVIDE NOTI-
  5        FICATION REGARDING REGISTERED SEXUAL OFFENDERS; AND AMENDING  CHAPTER  16,
  6        TITLE  16,  IDAHO  CODE,  BY THE ADDITION OF A NEW SECTION 16-1620B, IDAHO
  7        CODE, TO REQUIRE EMPLOYERS WHO HAVE  KNOWLEDGE  THAT  THEY  EMPLOY  A  SEX
  8        OFFENDER  OR  JUVENILE  SEX  OFFENDER  TO  PROVIDE WRITTEN NOTICE TO MINOR
  9        EMPLOYEES AND THEIR PARENTS OR GUARDIANS, TO PROVIDE THAT SUCH NOTICE  MAY
 10        BE  SENT  TO THE LAST KNOWN ADDRESS OF THE MINOR EMPLOYEE AND TO SET FORTH
 11        NOTICE REQUIREMENTS.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 18-8325, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        18-8325.  EXEMPTION  FROM  LIMITATION OF CIVIL LIABILITY. (1) No person or
 16    governmental entity, other than those specifically  charged  in  this  chapter
 17    with  a  duty  to  collect information under this chapter regarding registered
 18    sexual offenders, has a duty to inquire, investigate or disclose any  informa-
 19    tion regarding registered sexual offenders.
 20        (2)  No  person  or  governmental  entity,  other  than those specifically
 21    charged in this chapter or in section 16-1620B, Idaho Code, with  an  affirma-
 22    tive  duty  to provide public access to information or to provide notification
 23    regarding registered sexual offenders, shall be held liable for any failure to
 24    disclose any information regarding registered sexual offenders  to  any  other
 25    person or entity.
 26        (3)  Every  person  or  governmental  entity who, acting without malice or
 27    criminal intent, obtains or disseminates information under this chapter  shall
 28    be  immune  from  civil  liability for any damages claimed as a result of such
 29    disclosures made or received.
                                                                        
 30        SECTION 2.  That Section 18-8412, Idaho Code, be, and the same  is  hereby
 31    amended to read as follows:
                                                                        
 32        18-8412.  EXEMPTION  FROM  LIMITATION OF CIVIL LIABILITY. (1) No person or
 33    governmental entity, other than those specifically  charged  in  this  chapter
 34    with a duty to collect information under this chapter regarding registered sex
 35    offenders,  has  a  duty  to  inquire, investigate or disclose any information
 36    regarding registered sex offenders.
 37        (2)  No person or  governmental  entity,  other  than  those  specifically
 38    charged  in  this chapter or in section 16-1620B, Idaho Code, with an affirma-
 39    tive duty to provide public access to information or to  provide  notification
 40    regarding  registered  sex  offenders, shall be held liable for any failure to
 41    disclose any information regarding registered sex offenders to any other  per-
                                                                        
                                           2
                                                                        
  1    son or entity.
  2        (3)  Every  person  or  governmental  entity who, acting without malice or
  3    criminal intent, obtains or disseminates information under this chapter  shall
  4    be  immune  from  civil  liability for any damages claimed as a result of such
  5    disclosures made or received.
                                                                        
  6        SECTION 3.  That Chapter 16, Title 16, Idaho Code, be, and the  same    is
  7    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  8    ignated as Section 16-1620B, Idaho Code, and to read as follows:
                                                                        
  9        16-1620B.  EMPLOYER DUTY TO NOTIFY. Any employer  in  the  state  who  has
 10    knowledge that it employs a sex offender, as defined in section 18-8303, Idaho
 11    Code,  or  a juvenile sex offender, as defined in section 18-8403, Idaho Code,
 12    shall provide written notice to any minor employees and at least  one  (1)  of
 13    such  minor employees' parents or guardians. Notice shall be deemed sufficient
 14    for purposes of this section if it is sent to the last known  address  of  the
 15    minor employee and states:
 16        (1)  That  the  employer  currently employs a sex offender or juvenile sex
 17    offender;
 18        (2)  The name of the sex offender or juvenile sex offender; and
 19        (3)  That such sex offender may be registered with a sexual offender  reg-
 20    istry.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                           RS 13081C1
                                
The purpose of this legislation is to amend I.C. 18-8325 and
I.C. 18-8412, and to create a new section, I.C. 16-1620B, to require
employers in Idaho to inform their minor employees and parents or
guardians when the employer has knowledge that the child is working with
a sex offender. This legislation is needed because minor children and
their parents are unable to identify such individuals in the workplace
and they should be informed if the employer has such information.






                          FISCAL IMPACT
                                
This legislation will have no fiscal impact on state or local
government.



Contact
            Name:     Wm. Breck Seiniger, Jr.
                  Phone:    345-1000
      Sen. Mike Burkett
332-1352

STATEMENT OF PURPOSE/FISCAL NOTE                     S 1163