Print Friendly SENATE BILL NO. 1055 – Public safety & security info systm
SENATE BILL NO. 1055
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S1055................................................by JUDICIARY AND RULES
IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM - Amends existing law
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
]]]] 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
2 RELATING TO THE IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM; AMENDING
3 SECTION 18-8324, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING THE CHAPTER
4 HEADING FOR CHAPTER 52, TITLE 19, IDAHO CODE, TO REVISE TERMINOLOGY;
5 AMENDING SECTIONS 19-5201, 19-5202, 19-5203 AND 19-5204, IDAHO CODE, TO
6 REVISE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION
7 67-3008, IDAHO CODE, TO REVISE TERMINOLOGY.
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
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
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:
17 19-5201. CRIMINAL JUSTICE TELETYPEWRITER -- COMMUNICATIONS IDAHO PUBLIC
18 SAFETY AND SECURITY INFORMATION SYSTEM -- INTENT AND PURPOSE. The maintenance
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:
32 19-5202. ESTABLISHMENT OF NETWORK -- USE -- RENTAL INFORMATION SYSTEM --
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
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:
20 19-5203. TELETYPEWRITER COMMUNICATIONS PUBLIC SAFETY AND SECURITY INFOR-
21 MATION SYSTEM BOARD -- CREATION -- COMPOSITION -- TERMS -- RULES -- COMPENSA-
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
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-
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
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
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.
No fiscal impact to the general fund or any other state fund or expenditure will
result from this amendment.
Name: Senator Darrington
STATEMENT OF PURPOSE/FISCAL NOTE S 1055