Print Friendly SENATE BILL NO. 1163 – Employer of sex offender, liability
SENATE BILL NO. 1163
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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
|||| 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-
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
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-
STATEMENT OF PURPOSE
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.
This legislation will have no fiscal impact on state or local
Name: Wm. Breck Seiniger, Jr.
Sen. Mike Burkett
STATEMENT OF PURPOSE/FISCAL NOTE S 1163