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H0097aa..............................by JUDICIARY, RULES AND ADMINISTRATION SEX OFFENDER REGISTRATION - Amends the Sexual Offender Registration Notification and Community Right-to-Know Act to revise application of the act; and to revise provisions applicable to initial, local and annual registration of sexual offenders. 02/02 House intro - 1st rdg - to printing 02/03 Rpt prt - to Jud 02/18 Rpt out - to Gen Ord 03/01 Rpt out amen - to engros 03/02 Rpt engros - 1st rdg - to 2nd rdg as amen 03/03 2nd rdg - to 3rd rdg as amen 03/08 3rd rdg as amen - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Mr. Speaker NAYS -- None Absent and excused -- Wills, Wood Floor Sponsor - Sali Title apvd - to Senate 03/09 Senate intro - 1st rdg - to Jud 03/17 Rpt out - rec d/p - to 2nd rdg 03/18 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 34-0-0, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- (District 21 seat vacant) Floor Sponsor - Sweet Title apvd - to House 03/23 To enrol 03/24 Rpt enrol - Sp signed 03/25 Pres signed 03/28 To Governor 04/01 Governor signed Session Law Chapter 233 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 97 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO SEXUAL OFFENDERS; AMENDING SECTION 18-8304, IDAHO CODE, TO REVISE 3 APPLICATION OF THE CHAPTER AND TO MAKE A TECHNICAL CORRECTION; AND AMEND- 4 ING SECTION 18-8307, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO INI- 5 TIAL, LOCAL AND ANNUAL REGISTRATION OF SEXUAL OFFENDERS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-8304, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-8304. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall 10 apply to any person who: 11 (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a 12 solicitation, or a conspiracy to commit a crime provided for in section 13 18-909 (assault with attempt to commit rape, infamous crime against 14 nature, or lewd and lascivious conduct with a minor, but excluding mayhem, 15 murder or robbery), 18-911 (battery with attempt to commit rape, infamous 16 crime against nature, or lewd and lascivious conduct with a minor, but 17 excluding mayhem, murder or robbery), 18-1506 (sexual abuse of a child 18 under sixteen years of age), 18-1506A (ritualized abuse of a child), 19 18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually 20 exploitative material for other than a commercial purpose), 18-1508 (lewd 21 conduct with a minor child), 18-1508A (sexual battery of a minor child 22 sixteen or seventeen years of age), 18-1509A (enticing a child over the 23 internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116 24 (indecent exposure, but excluding a misdemeanor conviction), 18-4502 25 (first degree kidnapping committed for the purpose of rape, committing the 26 infamous crime against nature or for committing any lewd and lascivious 27 act upon any child under the age of sixteen, or for purposes of sexual 28 gratification or arousal), 18-4503 (second degree kidnapping where the 29 victim is an unrelated minor child), 18-6101 (rape, but excluding 30 18-6101(1) where the defendant is eighteen years of age or younger), 31 18-6108 (male rape), 18-6110 (sexual contact with a prisoner), 18-6602 32 (incest), 18-6605 (crime against nature), 18-6608 (forcible sexual pene- 33 tration by use of a foreign object), or upon a second or subsequent con- 34 viction under 18-6609, Idaho Code (video voyeurism);. 35 (b)Enters the state oOn or after July 1, 1993,and whohas been con- 36 victed of any crime, an attempt, a solicitation or a conspiracy to commit 37 a crime in another state, territory, commonwealth, or other jurisdiction 38 of the United States, including tribal courts and military courts, that is 39 substantially equivalent to the offenses listed in subsection (1)(a) of 40 this section and enters the state to establish permanent or temporary res- 41 idence. 42 (c) Was required to register as a sex offender in any other state or 43 jurisdiction when he established permanent or temporary residency in 2 1 Idaho. 2 (d) Pleads guilty to or has been found guilty of a crime covered in this 3 chapter prior to July 1, 1993, and the person, as a result of the offense, 4 is incarcerated in a county jail facility or a penal facility or is under 5 probation or parole supervision, on or after July 1, 1993. 6 (de) Is a nonresident regularly employed or working in Idaho or is a stu- 7 dent in the state of Idaho and was convicted, found guilty or pleaded 8 guilty to a crime covered by this chapter and, as a result of such convic- 9 tion, finding or plea, is required to register in his state of residence. 10 (2) The provisions of this chapter shall not apply to any such person 11 while the person is incarcerated in a correctional institution of the depart- 12 ment of correction, a county jail facility or committed to a mental health 13 institution of the department of health and welfare. 14 (3) A conviction for purposes of this chapter means that the person has 15 pled guilty or has been found guilty, notwithstanding the form of the judgment 16 or withheld judgment. 17 SECTION 2. That Section 18-8307, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 18-8307.LOCAL AND ANNUALINITIAL REGISTRATION. 20 (1)(a) Within ten (10) days of coming into any county to establish resi-21dence or temporary domicile, an offender shall register with the sheriff22of the county. Individuals registered under the prior sex offender regis-23tration act, including those who registered within twelve (12) months of24the effective date of this act, shall register with the sheriff of the25county of residence within ten (10) days of the effective date of this26act. The offender thereafter shall update the registration annually. If27the offender intends to reside in another state, the offender shall regis-28ter in the other state within ten (10) days of moving to that state.29(b) Nonresidents required to register pursuant to subsection (1)(d) of30section 18-8304, Idaho Code, shall register with the sheriff of the county31where employed or enrolled as a student within ten (10) days of the com-32mencement of employment or enrollment as a student in an educational33institution; provided that nonresidents employed in counseling, coaching,34teaching, supervising or working with minors in any way regardless of the35period of employment, must register prior to the commencement of such36employment.37(2) Annual registration shall be conducted as follows:38(a) On or about the first day of the month containing the anniversary39date of the initial registration, the department shall mail a non-40forwardable notice of annual registration to the offender's last reported41address;42(b) Within ten (10) days of the mailing date of the notice, the offender43shall appear in person at the office of the sheriff with jurisdiction for44the purpose of completing the registration process;45(c) If the notice is returned to the department as not delivered, the46department shall inform the sheriff with whom the offender last registered47of the returned notice.48(3)Registration, whether initial, local or annual, shall consist of a 49 form provided by the department and approved by the attorney general, which 50 shall be signed by the offender and shall require the following information 51 about the offender: 52 (a) Name and all aliases which the person has used or under which the 53 person has been known; 3 1 (b) A complete description of the person including the date of birth and 2 social security number; 3 (c) Name of each offense enumerated in section 18-8304, Idaho Code, of 4 which the person was convicted, where each offense was committed, where 5 the person was convicted of each offense, and the name under which the 6 person was convicted of each offense; 7 (d) The name and location of each hospital, jail or penal institution to 8 which the person was committed for each offense covered under this chap- 9 ter; 10 (e) School or college enrollment; and 11 (f) Address or physical description of current residence and place of 12 employment. 13 (42) At the time of any registration, the sheriff shall obtain a photo- 14 graph and fingerprints, in a manner approved by the department, and may 15 require the offender to provide full palm print impressions of each hand. An 16 offender shall pay a fee of ten dollars ($10.00) to the sheriff at the time of 17 each registration. The sheriff may waive the registration fee if the offender 18 demonstrates indigency. The fees collected under this section shall be used by 19 the sheriff to defray the costs of sexual offender registration. 20 (53) The sheriff shall forward the completed and signed form, photograph 21 and fingerprints to the department within three (3) working days of the regis- 22 tration. 23 (a) The official conducting the initial registration shall ensure that 24 the notification form is complete and that the offender has read and 25 signed the form. 26 (b) No person subject to registration shall furnish false or misleading 27 information when complying with registration and notification requirements 28 of this chapter. 29 (4) (a) Within ten (10) days of coming into any county to establish per- 30 manent or temporary residence, an offender shall register with the sheriff 31 of the county. The offender thereafter shall update the registration annu- 32 ally. If the offender intends to reside in another state, the offender 33 shall register in the other state within ten (10) days of moving to that 34 state. 35 (b) A nonresident required to register pursuant to section 18-8304(1)(e), 36 Idaho Code, shall register with the sheriff of the county where employed 37 or enrolled as a student within ten (10) days of the commencement of 38 employment or enrollment as a student in an educational institution, pro- 39 vided that nonresidents employed in counseling, coaching, teaching, super- 40 vising or working with minors in any way, regardless of the period of 41 employment, must register prior to the commencement of such employment. 42 (5) Annual registration shall be conducted as follows: 43 (a) On or about the first day of the month containing the anniversary 44 date of the last registration which required fingerprints and a photo- 45 graph, the department shall mail a nonforwardable notice of annual regis- 46 tration to the offender's last reported address; 47 (b) Within ten (10) days of the mailing date of the notice, the offender 48 shall appear in person at the office of the sheriff with jurisdiction for 49 the purpose of completing the registration process; 50 (c) If the notice is returned to the department as not delivered, the 51 department shall inform the sheriff with whom the offender last registered 52 of the returned notice. 53 (6) The sheriff, or appointed deputies, may visit the residence of a reg- 54 istered sexual offender within the county at any reasonable time to verify the 55 address provided at the time of registration. 4 1 (7) All written notifications of duty to register as provided herein 2 shall include a warning that it is a felony as provided in section 18-8327, 3 Idaho Code, for an offender to accept employment in any day care center, group 4 day care facility or family day care home, as those terms are defined in chap- 5 ter 11, title 39, Idaho Code, or to be upon or to remain on the premises of a 6 day care center, group day care facility or family day care home while chil- 7 dren are present, other than to drop off or pick up the offender's child or 8 children.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Sali Seconded by Field (18) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 97 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 42 and 43 and on page 2, 3 delete line 1 and insert: 4 "(c) Has been convicted of any crime, an attempt, a solicitation or a 5 conspiracy to commit a crime in another state, territory, commonwealth, or 6 other jurisdiction of the United States, including tribal courts and mili- 7 tary courts, that is substantially equivalent to the offenses listed in 8 subsection (1)(a) of this section and was required to register as a sex 9 offender in any other state or jurisdiction when he established permanent 10 or temporary residency in Idaho.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 97, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO SEXUAL OFFENDERS; AMENDING SECTION 18-8304, IDAHO CODE, TO REVISE 3 APPLICATION OF THE CHAPTER AND TO MAKE A TECHNICAL CORRECTION; AND AMEND- 4 ING SECTION 18-8307, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO INI- 5 TIAL, LOCAL AND ANNUAL REGISTRATION OF SEXUAL OFFENDERS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-8304, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-8304. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall 10 apply to any person who: 11 (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a 12 solicitation, or a conspiracy to commit a crime provided for in section 13 18-909 (assault with attempt to commit rape, infamous crime against 14 nature, or lewd and lascivious conduct with a minor, but excluding mayhem, 15 murder or robbery), 18-911 (battery with attempt to commit rape, infamous 16 crime against nature, or lewd and lascivious conduct with a minor, but 17 excluding mayhem, murder or robbery), 18-1506 (sexual abuse of a child 18 under sixteen years of age), 18-1506A (ritualized abuse of a child), 19 18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually 20 exploitative material for other than a commercial purpose), 18-1508 (lewd 21 conduct with a minor child), 18-1508A (sexual battery of a minor child 22 sixteen or seventeen years of age), 18-1509A (enticing a child over the 23 internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116 24 (indecent exposure, but excluding a misdemeanor conviction), 18-4502 25 (first degree kidnapping committed for the purpose of rape, committing the 26 infamous crime against nature or for committing any lewd and lascivious 27 act upon any child under the age of sixteen, or for purposes of sexual 28 gratification or arousal), 18-4503 (second degree kidnapping where the 29 victim is an unrelated minor child), 18-6101 (rape, but excluding 30 18-6101(1) where the defendant is eighteen years of age or younger), 31 18-6108 (male rape), 18-6110 (sexual contact with a prisoner), 18-6602 32 (incest), 18-6605 (crime against nature), 18-6608 (forcible sexual pene- 33 tration by use of a foreign object), or upon a second or subsequent con- 34 viction under 18-6609, Idaho Code (video voyeurism);. 35 (b)Enters the state oOn or after July 1, 1993,and whohas been con- 36 victed of any crime, an attempt, a solicitation or a conspiracy to commit 37 a crime in another state, territory, commonwealth, or other jurisdiction 38 of the United States, including tribal courts and military courts, that is 39 substantially equivalent to the offenses listed in subsection (1)(a) of 40 this section and enters the state to establish permanent or temporary res- 41 idence. 42 (c) Has been convicted of any crime, an attempt, a solicitation or a con- 43 spiracy to commit a crime in another state, territory, commonwealth, or 2 1 other jurisdiction of the United States, including tribal courts and mili- 2 tary courts, that is substantially equivalent to the offenses listed in 3 subsection (1)(a) of this section and was required to register as a sex 4 offender in any other state or jurisdiction when he established permanent 5 or temporary residency in Idaho. 6 (d) Pleads guilty to or has been found guilty of a crime covered in this 7 chapter prior to July 1, 1993, and the person, as a result of the offense, 8 is incarcerated in a county jail facility or a penal facility or is under 9 probation or parole supervision, on or after July 1, 1993. 10 (de) Is a nonresident regularly employed or working in Idaho or is a stu- 11 dent in the state of Idaho and was convicted, found guilty or pleaded 12 guilty to a crime covered by this chapter and, as a result of such convic- 13 tion, finding or plea, is required to register in his state of residence. 14 (2) The provisions of this chapter shall not apply to any such person 15 while the person is incarcerated in a correctional institution of the depart- 16 ment of correction, a county jail facility or committed to a mental health 17 institution of the department of health and welfare. 18 (3) A conviction for purposes of this chapter means that the person has 19 pled guilty or has been found guilty, notwithstanding the form of the judgment 20 or withheld judgment. 21 SECTION 2. That Section 18-8307, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 18-8307.LOCAL AND ANNUALINITIAL REGISTRATION. 24 (1)(a) Within ten (10) days of coming into any county to establish resi-25dence or temporary domicile, an offender shall register with the sheriff26of the county. Individuals registered under the prior sex offender regis-27tration act, including those who registered within twelve (12) months of28the effective date of this act, shall register with the sheriff of the29county of residence within ten (10) days of the effective date of this30act. The offender thereafter shall update the registration annually. If31the offender intends to reside in another state, the offender shall regis-32ter in the other state within ten (10) days of moving to that state.33(b) Nonresidents required to register pursuant to subsection (1)(d) of34section 18-8304, Idaho Code, shall register with the sheriff of the county35where employed or enrolled as a student within ten (10) days of the com-36mencement of employment or enrollment as a student in an educational37institution; provided that nonresidents employed in counseling, coaching,38teaching, supervising or working with minors in any way regardless of the39period of employment, must register prior to the commencement of such40employment.41(2) Annual registration shall be conducted as follows:42(a) On or about the first day of the month containing the anniversary43date of the initial registration, the department shall mail a non-44forwardable notice of annual registration to the offender's last reported45address;46(b) Within ten (10) days of the mailing date of the notice, the offender47shall appear in person at the office of the sheriff with jurisdiction for48the purpose of completing the registration process;49(c) If the notice is returned to the department as not delivered, the50department shall inform the sheriff with whom the offender last registered51of the returned notice.52(3)Registration, whether initial, local or annual, shall consist of a 53 form provided by the department and approved by the attorney general, which 3 1 shall be signed by the offender and shall require the following information 2 about the offender: 3 (a) Name and all aliases which the person has used or under which the 4 person has been known; 5 (b) A complete description of the person including the date of birth and 6 social security number; 7 (c) Name of each offense enumerated in section 18-8304, Idaho Code, of 8 which the person was convicted, where each offense was committed, where 9 the person was convicted of each offense, and the name under which the 10 person was convicted of each offense; 11 (d) The name and location of each hospital, jail or penal institution to 12 which the person was committed for each offense covered under this chap- 13 ter; 14 (e) School or college enrollment; and 15 (f) Address or physical description of current residence and place of 16 employment. 17 (42) At the time of any registration, the sheriff shall obtain a photo- 18 graph and fingerprints, in a manner approved by the department, and may 19 require the offender to provide full palm print impressions of each hand. An 20 offender shall pay a fee of ten dollars ($10.00) to the sheriff at the time of 21 each registration. The sheriff may waive the registration fee if the offender 22 demonstrates indigency. The fees collected under this section shall be used by 23 the sheriff to defray the costs of sexual offender registration. 24 (53) The sheriff shall forward the completed and signed form, photograph 25 and fingerprints to the department within three (3) working days of the regis- 26 tration. 27 (a) The official conducting the initial registration shall ensure that 28 the notification form is complete and that the offender has read and 29 signed the form. 30 (b) No person subject to registration shall furnish false or misleading 31 information when complying with registration and notification requirements 32 of this chapter. 33 (4) (a) Within ten (10) days of coming into any county to establish per- 34 manent or temporary residence, an offender shall register with the sheriff 35 of the county. The offender thereafter shall update the registration annu- 36 ally. If the offender intends to reside in another state, the offender 37 shall register in the other state within ten (10) days of moving to that 38 state. 39 (b) A nonresident required to register pursuant to section 18-8304(1)(e), 40 Idaho Code, shall register with the sheriff of the county where employed 41 or enrolled as a student within ten (10) days of the commencement of 42 employment or enrollment as a student in an educational institution, pro- 43 vided that nonresidents employed in counseling, coaching, teaching, super- 44 vising or working with minors in any way, regardless of the period of 45 employment, must register prior to the commencement of such employment. 46 (5) Annual registration shall be conducted as follows: 47 (a) On or about the first day of the month containing the anniversary 48 date of the last registration which required fingerprints and a photo- 49 graph, the department shall mail a nonforwardable notice of annual regis- 50 tration to the offender's last reported address; 51 (b) Within ten (10) days of the mailing date of the notice, the offender 52 shall appear in person at the office of the sheriff with jurisdiction for 53 the purpose of completing the registration process; 54 (c) If the notice is returned to the department as not delivered, the 55 department shall inform the sheriff with whom the offender last registered 4 1 of the returned notice. 2 (6) The sheriff, or appointed deputies, may visit the residence of a reg- 3 istered sexual offender within the county at any reasonable time to verify the 4 address provided at the time of registration. 5 (7) All written notifications of duty to register as provided herein 6 shall include a warning that it is a felony as provided in section 18-8327, 7 Idaho Code, for an offender to accept employment in any day care center, group 8 day care facility or family day care home, as those terms are defined in chap- 9 ter 11, title 39, Idaho Code, or to be upon or to remain on the premises of a 10 day care center, group day care facility or family day care home while chil- 11 dren are present, other than to drop off or pick up the offender's child or 12 children.
STATEMENT OF PURPOSE RS 14481C1 This bill makes updates and corrections to portions of the Sexual Offender Registration Notification and Community Right-to-Know Act. Section 18-8304 of Idaho's Sex Offender Registration law currently does not apply to offenders convicted under Idaho Code section 18- 6110, Sexual Contact with a Prisoner. Including this code section as a qualifying offense for registration will ensure that offenders convicted of this crime will be required to register as sexual offenders. The second amendment to 18-8304 in this bill addresses an inequity of language regarding the registration of offenders convicted of equivalent crimes in other states. Currently, offenders convicted in Idaho before July 1, 1993, not incarcerated or on probation or parole, are not required to register. Offenders convicted of an equivalent crime who move to Idaho from another state however, must register here regardless of their conviction date. This has caused problems for registry staff and resulted in at least one proposed lawsuit against the state. The proposed amendment adds consistency in the language regarding conviction dates for both out-of-state offenders who move to Idaho and in-state offenders convicted of eligible crimes, and includes any offender required to register in another state. Idaho Code section 18-8307 addresses three types of offender registration but as currently written is somewhat disjointed. The amendment to this section uses the existing language but places the subsections in a different, more readable order. Additionally, where the code currently uses the phrase "residence or temporary domicile", the phrase "permanent or temporary residence" is substituted. The word "domicile" has a specific legal definition that implies permanency and its use with the word "temporary" is confusing. FISCAL NOTE While a small workload increase will be experienced in the first year after enactment as state registry staff and Sheriffs Offices staff review existing files for accurate information to correct the registry, the workload increase should not translate into a significant fiscal impact. CONTACT Name: Ann Cronin Agency: Idaho State Police Phone: 884-7002 Statement of Purpose/Fiscal Note H 97