View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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. Speaker 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
]]]] 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 telecommunicationspublic 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 2 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 COMMUNICATIONS13 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 -- COMMUNICATIONSIDAHO 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 networkinformation system available 24 to all state and local agencies. It is the intent of the legislature that such 25 a networksystem be established and maintained in a condition adequate to the 26 needs of the criminal justice system and highwaypublic safety and security. 27 It is the purpose of this actchapter to establish a criminal justice28 teletypewriter communications networkpublic 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 -- RENTALINFORMATION SYSTEM -- 33 USE -- ACCESS CHARGE -- INTERSTATE CONNECTION. (1) Establishment of network34 information system. The director of the Idaho state police shall establish a 35 teletypewriter communications networkpublic 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 communications39 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 networka system. 42 (2) Use of networkinformation system. The teletypewriter communications43 networkpublic 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 actchapter shall pro- 48 hibit the use of or participation in the teletypewriter communicationsinfor- 49 mation system herein provided by the judicial branch of the state government 3 1 or by any other department, agency or branch of state or local government 2 engaged in traffic safety. 3 (4) RentalAccess. The monthly rentalquarterly access fee to be charged 4 each department or agency participating in the teletypewriter communications5 network on a terminal or unit basisinformation system shall be set by the 6 teletypewriter communicationspublic safety and security information board, 7 known as the "ILETS board," and in setting such rental chargefee the board 8 shall take into consideration the usage of said networksystem by each partic- 9 ipant. and of the economic position of each participant.There is hereby cre- 10 ated the teletypewriter communications networkpublic safety and security 11 information fund, to be known as the ILETS fund. All rental and useaccess 12 fees collected under the provisions of this chapter shall be paid into the 13 fund. 14 (5) Interstate connection. The teletypewriter communications networkpub- 15 lic safety and security information system provided for herein is hereby 16 authorized to connect and participate with teletypewriter communications net-17 workinformation 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 COMMUNICATIONSPUBLIC 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 communicationspublic 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 communicationsinformation 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 network47 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 communicationspublic safety and security informa- 50 tion system board shall have exclusive management control over the entire 51 Idaho law enforcement teletypewriterpublic safety and security information 52 system, (ILETS)which includes all hardware, software, electronic switches, 53 peripheral gear, microwave links, and circuitry , and terminal deviceswhich 4 1 make up the networksystem and any access thereto. The term Idaho law enforce-2 ment teletypewriterpublic safety and security information system (ILETS)3 shall mean the teletypewriterinformation 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 actchapter. 10 The performance of duties under this actchapter 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 networkILETS 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 communications24 networkILETS 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 actchapter. 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- 5 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 terminalaccess to the law enforcement telecommunica-16 tions networkpublic 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 terminalaccess 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 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. Contact Name: Senator Darrington Phone: 334-1318 STATEMENT OF PURPOSE/FISCAL NOTE S 1055