2005 Legislation
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SENATE BILL NO. 1055 – Public safety & security info systm


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Bill Status

S1055................................................by JUDICIARY AND RULES
to rename the teletypewriter communications network as the "Idaho Public
Safety and Security Information System."
01/25    Senate intro - 1st rdg - to printing
01/26    Rpt prt - to Jud
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Coiner, Compton, Corder, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Cameron, Malepeai
    Floor Sponsor - Kelly
    Title apvd - to House
02/10    House intro - 1st rdg - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 65-0-5
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood,
      Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher,
      Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sali,
      Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
      NAYS -- None
      Absent and excused -- Crow, Moyle, Nielsen, Roberts, Schaefer
    Floor Sponsor - Clark
    Title apvd - to Senate
03/16    To enrol
03/17    Rpt enrol - Pres signed
03/18    Sp signed
03/21    To Governor
03/23    Governor signed
         Session Law Chapter 115
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                       IN THE SENATE
                                    SENATE BILL NO. 1055
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  5        AMENDING  SECTIONS  19-5201,  19-5202, 19-5203 AND 19-5204, IDAHO CODE, TO
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION 1.  That Section 18-8324, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
 11        18-8324.  DISSEMINATION  OF REGISTRY INFORMATION. (1) The department shall
 12    disseminate any registration information collected under this chapter, includ-
 13    ing change of address notification, to criminal justice agencies  through  the
 14    telecommunications  public  safety and security information system established
 15    in section 19-5202, Idaho Code. Registry information provided under this  sec-
 16    tion  shall be used only for the administration of criminal justice or for the
 17    protection of the public as permitted by this chapter.
 18        (2)  The department shall provide quarterly to the superintendent of  pub-
 19    lic  instruction and to the director of the department of health and welfare a
 20    list of all sexual offenders required to register with  the  central  registry
 21    together  with  the  address,  date  of birth and crime of conviction for each
 22    offender listed. The superintendent may further distribute the  list  or  por-
 23    tions thereof to school districts or to schools.
 24        (3)  The  department  shall  release  quarterly  to  the  public a list of
 25    offenders thirty (30) days or more delinquent in maintaining  registration  or
 26    address verification. Offenders subject to being listed include those who have
 27    failed:
 28        (a)  To  register  with a sheriff after initial registration under section
 29        18-8307, Idaho Code;
 30        (b)  To register annually as required in section 18-8307, Idaho Code; and
 31        (c)  To respond to an address verification notice as required  in  section
 32        18-8308, Idaho Code.
 33        (4)  The  department shall include a cautionary statement relating to com-
 34    pleteness, accuracy and use of registry information when releasing information
 35    to the public or noncriminal justice agencies as well as a statement  concern-
 36    ing  the penalties provided in section 18-8326, Idaho Code, for misuse of reg-
 37    istry information.
 38        (5)  Information released pursuant to this section may be  used  only  for
 39    the protection of the public.
 40        (6)  Further dissemination of registry information by any person or entity
 41    shall  include  the  cautionary  statements required in subsection (4) of this
 42    section.
 43        (7)  Upon registration in a county of a person  classified  as  a  violent
  1    sexual  predator presenting a high risk of reoffense by the Idaho sex offender
  2    classification board, or an equivalent classification in  another  state,  the
  3    sheriff  shall publish in a newspaper in general circulation within the county
  4    once a week for three (3) consecutive weeks, the name, address, photograph  of
  5    said  person and offense the offender has committed within thirty (30) days of
  6    registration. The sheriff shall charge a fee  of  fifty  dollars  ($50.00)  in
  7    addition  to  any  other fees authorized by this chapter to be paid by the sex
  8    offender to offset the cost of publication.
  9        SECTION 2.  That the Heading for Chapter 52, Title 19, Idaho Code, be, and
 10    the same is hereby amended to read as follows:
 11                                      CHAPTER 52
 12                            LAW ENFORCEMENT COMMUNICATIONS
 13                              PUBLIC SAFETY AND SECURITY
 14                                  INFORMATION SYSTEM
 15        SECTION 3.  That Section 19-5201, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
 19    of law and order is, and always has been, a primary function of government and
 20    is  so  recognized  in  both federal and state constitutions. The state has an
 21    unmistakable responsibility to give full support to all public agencies of the
 22    criminal justice system. This responsibility  includes  the  provision  of  an
 23    efficient  law enforcement communications network information system available
 24    to all state and local agencies. It is the intent of the legislature that such
 25    a network system be established and maintained in a condition adequate to  the
 26    needs  of  the criminal justice system and highway public safety and security.
 27    It is the purpose of this  act    chapter  to  establish  a  criminal  justice
 28    teletypewriter  communications  network public safety and security information
 29    system, known as "ILETS," for the state of Idaho.
 30        SECTION 4.  That Section 19-5202, Idaho Code, be, and the same  is  hereby
 31    amended to read as follows:
 33    USE -- ACCESS CHARGE -- INTERSTATE CONNECTION. (1)  Establishment  of  network
 34    information  system.  The director of the Idaho state police shall establish a
 35    teletypewriter communications network public safety and  security  information
 36    system,  known  as "ILETS," which will interconnect the criminal justice agen-
 37    cies of this state and its political subdivisions and all agencies engaged  in
 38    the  promotion  of highway safety into a unified teletypewriter communications
 39    information system. The director is authorized to lease such transmitting  and
 40    receiving  facilities and equipment as may be necessary to establish and main-
 41    tain such teletypewriter communications network a system.
 42        (2)  Use of network information system. The teletypewriter  communications
 43    network public safety and security information system, known as "ILETS," shall
 44    be  used  exclusively for the law enforcement and criminal justice business of
 45    the state of Idaho and all the political subdivisions thereof,  including  all
 46    agencies engaged in the promotion of traffic safety.
 47        (3)  Judiciary  and traffic safety. Nothing in this act chapter shall pro-
 48    hibit the use of or participation in the teletypewriter communications  infor-
 49    mation  system  herein provided by the judicial branch of the state government
  1    or by any other department, agency or branch  of  state  or  local  government
  2    engaged in traffic safety.
  3        (4)  Rental  Access. The monthly rental quarterly access fee to be charged
  4    each department or agency participating in the  teletypewriter  communications
  5    network  on  a  terminal  or unit basis information system shall be set by the
  6    teletypewriter communications public safety and  security  information  board,
  7    known  as  the  "ILETS board," and in setting such rental charge fee the board
  8    shall take into consideration the usage of said network system by each partic-
  9    ipant. and of the economic position of each participant. There is hereby  cre-
 10    ated  the  teletypewriter  communications  network  public safety and security
 11    information fund, to be known as the ILETS fund. All  rental  and  use  access
 12    fees  collected  under  the  provisions of this chapter shall be paid into the
 13    fund.
 14        (5)  Interstate connection. The teletypewriter communications network pub-
 15    lic safety and security information  system  provided  for  herein  is  hereby
 16    authorized  to connect and participate with teletypewriter communications net-
 17    work information systems of other states and provinces of Canada.
 18        SECTION 5.  That Section 19-5203, Idaho Code, be, and the same  is  hereby
 19    amended to read as follows:
 22    TION  OF  MEMBERS. (1) There is hereby created within the Idaho state police a
 23    teletypewriter communications public safety and  security  information  system
 24    board,  to  be  known  as the ILETS board, which shall be composed of five (5)
 25    members appointed by the governor.
 26        The members of the teletypewriter communications information system  board
 27    shall be composed of the following:
 28        (a)  Two (2) incumbent county sheriffs;
 29        (b)  Two (2) incumbent city chiefs of police;
 30        (c)  One (1) member of the Idaho state police.
 31        (2)  The term of office of the first board shall be staggered with the one
 32    (1) appointment expiring January 1, 1972; one (1) appointment expiring January
 33    1,  1973;  one  (1)  appointment expiring January 1, 1974; one (1) appointment
 34    expiring January 1, 1975; and one (1) appointment expiring January 1, 1976.
 35        Thereafter, the term of office of each chief of police, sheriff and member
 36    of the Idaho state police shall be for a term of five (5) years.
 37        The director of the Idaho state police shall be a permanent member of  the
 38    board.
 39        In  the  event  any  chief of police, sheriff or member of the Idaho state
 40    police ceases to be such chief of police, sheriff,  or  member  of  the  Idaho
 41    state  police  his appointment to said board shall terminate and cease immedi-
 42    ately and the governor shall appoint a qualified person in  such  category  to
 43    fill the unexpired term of such member.
 44        (3)  The board shall, upon their appointment, adopt such rules, procedures
 45    and methods of operation as may be necessary to establish and put into use the
 46    most  efficient and economical statewide teletypewriter communications network
 47    public safety and security information system and shall publish and distribute
 48    said rules and procedures to each participating department, agency or office.
 49        (4)  The teletypewriter communications public safety and security informa-
 50    tion system board shall have exclusive  management  control  over  the  entire
 51    Idaho  law  enforcement  teletypewriter public safety and security information
 52    system, (ILETS) which includes all hardware,  software,  electronic  switches,
 53    peripheral  gear,  microwave  links, and circuitry, and terminal devices which
  1    make up the network system and any access thereto. The term Idaho law enforce-
  2    ment teletypewriter public safety and security  information    system  (ILETS)
  3    shall  mean  the teletypewriter information system established by the director
  4    of the Idaho state police pursuant to subsection (1) of section 19-5202, Idaho
  5    Code, and shall not apply to any type of voice-oriented  transmission  whether
  6    it be by mobile radio, microwave or telephone.
  7        (5)  Salaries  and expenses. Members of said board shall be compensated as
  8    provided by section 59-509(b), Idaho Code, which expenses shall be  paid  from
  9    moneys appropriated for the funding of this act chapter.
 10        The  performance of duties under this act chapter by a member of the board
 11    shall be deemed to be in performance of his duties as an employee of his  par-
 12    ticular branch of government.
 13        (6)  Federal  funding,  gifts,  donations.  The  director is authorized to
 14    apply for and accept federal funds granted  by  the  congress  of  the  United
 15    States,  or  by  executive  order,  all  of  which  must  be  deposited in the
 16    teletypewriter communication network ILETS fund, and  which  may  be  expended
 17    only  after  a  legislative  appropriation.  The director may accept gifts and
 18    donations from individuals and private organizations or foundations for all or
 19    any of the purposes of chapter 52, title 19, Idaho Code.
 20        SECTION 6.  That Section 19-5204, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
 22        19-5204.  EXECUTIVE  OFFICER  OF  BOARD.  The  director of the Idaho state
 23    police shall be the executive officer  of  the  teletypewriter  communications
 24    network ILETS board and shall be responsible for the carrying out of the poli-
 25    cies  and  rules of the board and with the management and expenditures of such
 26    funds as may be appropriated to implement this act chapter.
 27        SECTION 7.  That Section 67-3008, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
 29        67-3008.  RELEASE OF CRIMINAL HISTORY RECORD INFORMATION. (1) All units of
 30    state,  city and local governments, as well as any agency of the state created
 31    by the legislature which require by statute, rule, or local  or  county  ordi-
 32    nance,  fingerprinting  of  applicants  or licensees, are authorized to submit
 33    fingerprints to the bureau for examination and further submission,  if  neces-
 34    sary,  to the federal bureau of investigation. The bureau shall be the state's
 35    sole source of fingerprint submissions for criminal justice and  applicant  or
 36    licensing purposes to the federal bureau of investigation.
 37        (2)  The  department  shall  provide  copies of or communicate information
 38    from criminal history records to the following:
 39        (a)  Criminal justice agencies and the court;
 40        (b)  A person or public or private agency, upon written application  on  a
 41        form  approved  by the director and provided by the department, subject to
 42        the following restrictions:
 43             (i)   A request for criminal history records  must  be  submitted  in
 44             writing  or as provided by rule. However, the department shall accept
 45             a request presented in person by the subject of the record; and
 46             (ii)  The request must identify a specific person by name and date of
 47             birth. Fingerprints of the person named may be required to  establish
 48             positive identification; and
 49             (iii) Responding  to  the  request does not interfere with the secure
 50             and orderly  conduct of the department and  would  not  substantially
 51             prejudice or prevent the carrying out of the functions of the depart-
  1             ment; and
  2             (iv)  A record of an arrest that does not contain a disposition after
  3             twelve  (12)  months from the date of arrest may only be disseminated
  4             by the department to criminal justice agencies, to the subject of the
  5             record, or to a person requesting the  criminal  history  information
  6             with a signed release from the subject of the record; and
  7             (v)   Any  release  of  criminal history data by the department shall
  8             prominently display the statement: "AN ARREST WITHOUT DISPOSITION  IS
  9             NOT AN INDICATION OF GUILT."
 10        (3)  Judicial  review  of the department's denial of a request for records
 11    shall be in accordance with the provisions of section 9-343, Idaho Code.
 12        (4)  A request for a criminal history record by a criminal justice  agency
 13    or a court shall take precedence over all other requests. The department shall
 14    adopt  rules  to  set  forth the manner by which criminal justice agencies and
 15    courts without direct terminal access to the  law  enforcement  telecommunica-
 16    tions  network  public  safety  and security information system established by
 17    section 19-5202, Idaho Code, may request Idaho criminal history record  infor-
 18    mation.
 19        (5)  Unless  otherwise  provided by law, access authorized under this sec-
 20    tion to criminal history records  does  not  create  a  duty  upon  a  person,
 21    employer,  private  agency,  or  public agency to examine the criminal history
 22    record of an applicant, employee or volunteer.
 23        (6)  A person or private agency, or public agency, other than the  depart-
 24    ment,  shall not disseminate criminal history record information obtained from
 25    the department to a person or agency that is not a criminal justice agency  or
 26    a  court without a signed release of the subject of record or unless otherwise
 27    provided by law.
 28        (7)  Direct terminal access to criminal history record information is reg-
 29    ulated by chapter 52, title 19, Idaho Code, and the rules adopted pursuant  to
 30    that chapter.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 14644

This bill makes updates to archaic language in Idaho Code Chapter 52 to more
effectively describe the system used by the criminal justice community to
exchange information.
The amendment changes the name of the system in Section 19-5201 and referenced
in 19-5202 through 19-5204, to a more operative name, while retaining its
current common acronym "ILETS".  This clarifies that the use of the system is
to distribute information to those who are entrusted with the maintenance of
public safety and security.  
The amendment in 19-5202 (4) describes the current method of access to the
network.  The system is no longer a rental of equipment, but an access to
information.  This clarifies the operational changes made in the system over
the course of the past several years. 

                            FISCAL NOTE

No fiscal impact to the general fund or any other state fund or expenditure will
result from this amendment. 


Name:   Senator Darrington 
Phone:  334-1318

STATEMENT OF PURPOSE/FISCAL NOTE                          S 1055