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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 - 2005
IN 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 who has 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 ANNUAL INITIAL REGISTRATION.
20 (1) (a) Within ten (10) days of coming into any county to establish resi-
21 dence or temporary domicile, an offender shall register with the sheriff
22 of the county. Individuals registered under the prior sex offender regis-
23 tration act, including those who registered within twelve (12) months of
24 the effective date of this act, shall register with the sheriff of the
25 county of residence within ten (10) days of the effective date of this
26 act. The offender thereafter shall update the registration annually. If
27 the offender intends to reside in another state, the offender shall regis-
28 ter in the other state within ten (10) days of moving to that state.
29 (b) Nonresidents required to register pursuant to subsection (1)(d) of
30 section 18-8304, Idaho Code, shall register with the sheriff of the county
31 where employed or enrolled as a student within ten (10) days of the com-
32 mencement of employment or enrollment as a student in an educational
33 institution; provided that nonresidents employed in counseling, coaching,
34 teaching, supervising or working with minors in any way regardless of the
35 period of employment, must register prior to the commencement of such
36 employment.
37 (2) Annual registration shall be conducted as follows:
38 (a) On or about the first day of the month containing the anniversary
39 date of the initial registration, the department shall mail a non-
40 forwardable notice of annual registration to the offender's last reported
41 address;
42 (b) Within ten (10) days of the mailing date of the notice, the offender
43 shall appear in person at the office of the sheriff with jurisdiction for
44 the purpose of completing the registration process;
45 (c) If the notice is returned to the department as not delivered, the
46 department shall inform the sheriff with whom the offender last registered
47 of 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 - 2005
Moved 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 - 2005
IN 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 who has 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 ANNUAL INITIAL REGISTRATION.
24 (1) (a) Within ten (10) days of coming into any county to establish resi-
25 dence or temporary domicile, an offender shall register with the sheriff
26 of the county. Individuals registered under the prior sex offender regis-
27 tration act, including those who registered within twelve (12) months of
28 the effective date of this act, shall register with the sheriff of the
29 county of residence within ten (10) days of the effective date of this
30 act. The offender thereafter shall update the registration annually. If
31 the offender intends to reside in another state, the offender shall regis-
32 ter in the other state within ten (10) days of moving to that state.
33 (b) Nonresidents required to register pursuant to subsection (1)(d) of
34 section 18-8304, Idaho Code, shall register with the sheriff of the county
35 where employed or enrolled as a student within ten (10) days of the com-
36 mencement of employment or enrollment as a student in an educational
37 institution; provided that nonresidents employed in counseling, coaching,
38 teaching, supervising or working with minors in any way regardless of the
39 period of employment, must register prior to the commencement of such
40 employment.
41 (2) Annual registration shall be conducted as follows:
42 (a) On or about the first day of the month containing the anniversary
43 date of the initial registration, the department shall mail a non-
44 forwardable notice of annual registration to the offender's last reported
45 address;
46 (b) Within ten (10) days of the mailing date of the notice, the offender
47 shall appear in person at the office of the sheriff with jurisdiction for
48 the purpose of completing the registration process;
49 (c) If the notice is returned to the department as not delivered, the
50 department shall inform the sheriff with whom the offender last registered
51 of 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