View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0727..........................................................by EDUCATION
SEX OFFENDERS - Adds to and amends existing law to provide prohibited
employment locations and prohibited behavior of adult sex offenders and
owners and operators of day care facilities; to provide prohibited
employment locations and prohibited behavior of juvenile sex offenders and
owners and operators of day care facilities; to provide penalties; to waive
Juvenile Corrections Act jurisdiction over certain juvenile sex offenders;
to provide notification to sex offenders and juvenile sex offenders of
prohibited conduct; and to provide for judicial relief for adult or
juvenile sex offenders of certain employment prohibitions.
02/18 House intro - 1st rdg - to printing
02/19 Rpt prt - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 61-0-9
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
Meyer, Miller, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Shepherd,
Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood
NAYS -- None
Absent and excused -- Bradford, Crow, Cuddy, Jones, Mitchell, Sali,
Schaefer, Smith(24), Mr. Speaker
Floor Sponsor - Rydalch
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 32-1-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner,
Sweet, Werk, Williams
NAYS -- Burkett
Absent and excused -- Noble, Stennett
Floor Sponsor - Sweet
Title apvd - to House
03/18 To enrol - Rpt enrol - Sp signed
03/19 Pres signed - To Governor
03/23 Governor signed
Session Law Chapter 270
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 727
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO ADULT AND JUVENILE SEX OFFENDERS; AMENDING CHAPTER 83, TITLE 18,
3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-8327, IDAHO CODE, TO PRO-
4 VIDE PROHIBITED EMPLOYMENT LOCATIONS AND PROHIBITED BEHAVIOR OF ADULT
5 SEX OFFENDERS AND OWNERS AND OPERATORS OF DAY CARES AND TO PROVIDE PENAL-
6 TIES; AMENDING CHAPTER 84, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW
7 SECTION 18-8414, IDAHO CODE, TO PROVIDE PROHIBITED EMPLOYMENT LOCATIONS
8 AND PROHIBITED BEHAVIOR OF A JUVENILE SEX OFFENDER AND OWNERS AND OPERA-
9 TORS OF DAY CARES AND TO PROVIDE PENALTIES; AMENDING SECTION 20-505, IDAHO
10 CODE, TO WAIVE JUVENILE CORRECTIONS ACT JURISDICTION OVER CERTAIN JUVENILE
11 SEX OFFENDERS; AMENDING SECTION 18-8307, IDAHO CODE, TO PROVIDE FOR NOTI-
12 FICATION TO SEX OFFENDERS OF PROHIBITED CONDUCT; AMENDING SECTION 18-8407,
13 IDAHO CODE, TO PROVIDE FOR NOTIFICATION TO JUVENILE SEX OFFENDERS OF PRO-
14 HIBITED CONDUCT; AND AMENDING CHAPTER 83, TITLE 18, IDAHO CODE, BY THE
15 ADDITION OF A NEW SECTION 18-8328, IDAHO CODE, TO PROVIDE FOR JUDICIAL
16 RELIEF FOR ADULT OR JUVENILE SEX OFFENDERS.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Chapter 83, Title 18, Idaho Code, be, and the same is
19 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
20 ignated as Section 18-8327, Idaho Code, and to read as follows:
21 18-8327. ADULT CRIMINAL SEX OFFENDER -- PROHIBITED EMPLOYMENT. (1) Except
22 as provided in section 18-8328, Idaho Code, it is a felony for any person to:
23 apply for or to accept employment at a day care center, group day care facil-
24 ity or family day care home; or to be upon or to remain on the premises of a
25 day care center, group day care facility or family day care home while chil-
26 dren are present, other than to drop off or pick up the person's child or
27 children if the person is currently registered or is required to register
28 under the sex offender registration act as provided in chapter 83, title 18,
29 Idaho Code.
30 (2) The owner or operator of any day care center, group day care facility
31 or family day care home who knowingly employs a person or who knowingly
32 accepts volunteer services from a person, which person is currently registered
33 or is required to register under the sex offender registration act as provided
34 in chapter 83, title 18, Idaho Code, to work in the day care center, group day
35 care facility or family day care home is guilty of a misdemeanor unless judi-
36 cial relief has been granted pursuant to section 18-8328, Idaho Code.
37 SECTION 2. That Chapter 84, Title 18, Idaho Code, be, and the same is
38 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
39 ignated as Section 18-8414, Idaho Code, and to read as follows:
40 18-8414. JUVENILE SEX OFFENDER -- PROHIBITED EMPLOYMENT. (1) Except as
41 provided in section 18-8328, Idaho Code, it is a felony for any person to:
2
1 apply for or to accept employment at a day care center, group day care facil-
2 ity or family day care home; or to be upon or to remain on the premises of a
3 day care center, group day care facility or family day care home while chil-
4 dren are present, other than to drop off or pick up the person's child or
5 children if the person is currently registered or is required to register
6 under the juvenile sex offender registration act as provided in chapter 84,
7 title 18, Idaho Code.
8 (2) The owner or operator of any day care center, group day care facility
9 or family day care home who knowingly employs a person or who knowingly
10 accepts volunteer services from a person, which person is currently registered
11 or is required to register under the juvenile sex offender registration act
12 as provided in chapter 84, title 18, Idaho Code, to work in the day care cen-
13 ter, group day care facility or family day care home is guilty of a misde-
14 meanor unless judicial relief has been granted pursuant to section 18-8328,
15 Idaho Code.
16 SECTION 3. That Section 20-505, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 20-505. JURISDICTION. Subject to the prior jurisdiction of the United
19 States, the court shall have exclusive, original jurisdiction over any juve-
20 nile and over any adult who was a juvenile at the time of any act, omission or
21 status, in the county in which the juvenile resides, or in the county in which
22 the act, omission or status allegedly took place, in the following cases:
23 (1) Where the act, omission or status is prohibited by federal, state,
24 local or municipal law or ordinance by reason of minority only, regardless of
25 where the same occurred;
26 (2) Where the act or omission is a violation of any federal, state, local
27 or municipal law or ordinance which would be a crime if committed by an adult,
28 regardless of where the same occurred;
29 (3) Concerning any juvenile where the juvenile comes under the purview of
30 the interstate compact on juveniles as set forth in chapter 19, title 16,
31 Idaho Code;
32 (4) This chapter shall not apply to juvenile violators of beer, wine or
33 other alcohol and tobacco laws; except that a juvenile violator under the age
34 of fourteen (14) years at the time of the violation may, at the discretion of
35 the court, be treated under the provisions of this chapter;
36 (5) This chapter shall not apply to the violent juvenile offender, as
37 defined in this chapter;
38 (6) This chapter shall not apply to juvenile violators of traffic, water-
39 craft, fish and game, failure to obey a misdemeanor citation and criminal con-
40 tempt laws; except that a juvenile violator under the age of fourteen (14)
41 years at the time of such violation may, at the discretion of the court, be
42 treated under the provisions of this chapter;
43 (7) This chapter shall not apply to juvenile sex offenders who violate
44 the provisions of section 18-8414, Idaho Code.
45 SECTION 4. That Section 18-8307, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 18-8307. LOCAL AND ANNUAL REGISTRATION.
48 (1) (a) Within ten (10) days of coming into any county to establish resi-
49 dence or temporary domicile, an offender shall register with the sheriff
50 of the county. Individuals registered under the prior sex offender regis-
51 tration act, including those who registered within twelve (12) months of
3
1 the effective date of this act, shall register with the sheriff of the
2 county of residence within ten (10) days of the effective date of this
3 act. The offender thereafter shall update the registration annually. If
4 the offender intends to reside in another state, the offender shall regis-
5 ter in the other state within ten (10) days of moving to that state.
6 (b) Nonresidents required to register pursuant to subsection (1)(d) of
7 section 18-8304, Idaho Code, shall register with the sheriff of the county
8 where employed or enrolled as a student within ten (10) days of the com-
9 mencement of employment or enrollment as a student in an educational
10 institution; provided that nonresidents employed in counseling, coaching,
11 teaching, supervising or working with minors in any way regardless of the
12 period of employment, must register prior to the commencement of such
13 employment.
14 (2) Annual registration shall be conducted as follows:
15 (a) On or about the first day of the month containing the anniversary
16 date of the initial registration, the department shall mail a non-
17 forwardable notice of annual registration to the offender's last reported
18 address;
19 (b) Within ten (10) days of the mailing date of the notice, the offender
20 shall appear in person at the office of the sheriff with jurisdiction for
21 the purpose of completing the registration process;
22 (c) If the notice is returned to the department as not delivered, the
23 department shall inform the sheriff with whom the offender last registered
24 of the returned notice.
25 (3) Registration, whether initial or annual, shall consist of a form pro-
26 vided by the department and approved by the attorney general, which shall be
27 signed by the offender and shall require the following information about the
28 offender:
29 (a) Name and all aliases which the person has used or under which the
30 person has been known;
31 (b) A complete description of the person including the date of birth and
32 social security number;
33 (c) Name of each offense enumerated in section 18-8304, Idaho Code, of
34 which the person was convicted, where each offense was committed, where
35 the person was convicted of each offense, and the name under which the
36 person was convicted of each offense;
37 (d) The name and location of each hospital, jail or penal institution to
38 which the person was committed for each offense covered under this chap-
39 ter;
40 (e) School or college enrollment; and
41 (f) Address or physical description of current residence and place of
42 employment.
43 (4) At the time of registration, the sheriff shall obtain a photograph
44 and fingerprints, in a manner approved by the department, and may require the
45 offender to provide full palm print impressions of each hand. An offender
46 shall pay a fee of ten dollars ($10.00) to the sheriff at the time of each
47 registration. The sheriff may waive the registration fee if the offender
48 demonstrates indigency. The fees collected under this section shall be used by
49 the sheriff to defray the costs of sexual offender registration.
50 (5) The sheriff shall forward the completed and signed form, photograph
51 and fingerprints to the department within three (3) working days of the regis-
52 tration.
53 (a) The official conducting the initial registration shall ensure that
54 the notification form is complete and that the offender has read and
55 signed the form.
4
1 (b) No person subject to registration shall furnish false or misleading
2 information when complying with registration and notification require-
3 ments of this chapter.
4 (6) The sheriff, or appointed deputies, may visit the residence of a reg-
5 istered sexual offender within the county at any reasonable time to verify the
6 address provided at the time of registration.
7 (7) All written notifications of duty to register as provided herein
8 shall include a warning that it is a felony as provided in section 18-8327,
9 Idaho Code, for an offender to accept employment in any day care center, group
10 day care facility or family day care home, as those terms are defined in chap-
11 ter 11, title 39, Idaho Code, or to be upon or to remain on the premises of a
12 day care center, group day care facility or family day care home while chil-
13 dren are present, other than to drop off or pick up the offender's child or
14 children.
15 SECTION 5. That Section 18-8407, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 18-8407. ANNUAL REGISTRATION. A juvenile sex offender, other than one
18 serving a period of detention or committed to the department of juvenile cor-
19 rections, shall be subject to annual registration and change of name or
20 address notification pursuant to sections 18-8307 and 18-8309, Idaho Code.
21 All written notifications of duty to register as provided herein shall
22 include a warning that it is a felony punishable as provided in section
23 18-8414, Idaho Code, for a juvenile sex offender to accept employment in any
24 day care center, group day care facility or family day care home, as those
25 terms are defined in chapter 11, title 39, Idaho Code, or to be upon or to
26 remain on the premises of a day care center, group day care facility or family
27 day care home while children are present, other than to drop off or pick up
28 the juvenile sex offender's child or children.
29 SECTION 6. That Chapter 83, Title 18, Idaho Code, be, and the same is
30 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
31 ignated as Section 18-8328, Idaho Code, and to read as follows:
32 18-8328. ACTION FOR RELIEF BY OFFENDER OR JUVENILE OFFENDER. Any person
33 who is required to register pursuant to chapter 83, title 18, Idaho Code, or
34 chapter 84, title 18, Idaho Code, may file a petition in a district court in
35 the judicial district where the person resides, to have relief from the provi-
36 sions of section 18-8327 or 18-8414, Idaho Code, pertaining to employment in
37 or being upon or remaining on the premises of a day care center, group day
38 care facility or family day care home while children are present, other than
39 to drop off or pick up the sex offender's or juvenile sex offender's child or
40 children. To be granted relief pursuant to this section, the person shall show
41 by clear and convincing evidence that the person required to register pursuant
42 to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, does
43 not pose a threat to children in a day care center, group day care facility
44 or family day care home, it has been at least ten (10) years since the
45 person's last conviction, finding of guilt or adjudication that required the
46 person to register pursuant to chapter 83, title 18, Idaho Code, or chapter
47 84, title 18, Idaho Code, and the petitioner presents testimony from a
48 licensed physician or psychologist about the petitioner's chance of success
49 of not committing an act against children.
STATEMENT OF PURPOSE
RS 14115
This legislation amends Chapter 83, Idaho Code, by adding a new
section to provide prohibited employment locations and prohibited
behavior of adult and juvenile sex offenders and owners and
operators of Day Cares and to provide penalties.
FISCAL IMPACT
There will be no fiscal impact.
Contact
Name: Rep. Ann Rydalch
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 727