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S1197aa..............................................by JUDICIARY AND RULES
DNA SAMPLES - Amends existing law to revise provisions applicable to
persons required to provide a DNA sample and thumbprint to the Idaho State
Police.
03/14 Senate intro - 1st rdg - to printing
03/15 Rpt prt - to Jud
03/17 Rpt out - rec d/p - to 14th Ord
03/23 Rpt out amen - to engros
03/24 Rpt engros - 1st rdg - to 2nd rdg as amen
03/25 2nd rdg - to 3rd rdg as amen
Rls susp - 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- Kelly
Title apvd - to House
03/28 House intro - 1st rdg - to Jud
03/30 Rpt out - rec d/p - to 2nd rdg
03/31 2nd rdg - to 3rd rdg
Rls susp - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao(Reynoldson), 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, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Skippen
Floor Sponsor - Wills
Title apvd - to Senate
04/01 To enrol - Rpt enrol - Pres/Sp signed
04/04 To Governor
04/06 Governor signed
Session Law Chapter 327
Effective: 07/01/05 (Applicable to those
convicted/pleading guilty to specified
crimes after 7/1/05)
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1197
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO OFFENDERS SUBJECT TO SAMPLE COLLECTION; AMENDING SECTION 19-5506,
3 IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO PERSONS REQUIRED TO PROVIDE
4 A DNA SAMPLE AND THUMBPRINT TO THE IDAHO STATE POLICE AND TO MAKE TECHNI-
5 CAL CHANGES; PROVIDING AN EFFECTIVE DATE AND PROVIDING APPLICATION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 19-5506, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 19-5506. SCOPE OF LAW -- OFFENDERS SUBJECT TO SAMPLE COLLECTION -- EARLY
10 COLLECTION OF SAMPLES -- RESTITUTION. (1a) Any person, including any juvenile
11 tried as an adult, who is convicted of, or pleads guilty to, any of the fol-
12 lowing crimes, regardless of the form of judgment or withheld judgment, and
13 regardless of the sentence imposed or disposition rendered, shall be required
14 to provide to the Idaho state police, a DNA sample and a right thumbprint
15 impression:
16 (a1) Aggravated aArson (sections 18-802, 18-803, 18-804 and 18-805, Idaho
17 Code);
18 (b2) Aggravated assault (section 18-905, Idaho Code);
19 (c3) Aggravated battery (section 18-907, Idaho Code);
20 (d4) Assault with the intent to commit a serious felony (section 18-909,
21 Idaho Code);
22 (e5) Battery with the intent to commit a serious felony (section 18-911,
23 Idaho Code);
24 (6) Felonious administering of drugs (sections 18-913 and 18-914, Idaho
25 Code);
26 (7) Assault or battery upon certain personnel (section 18-915, Idaho
27 Code);
28 (8) Removing a firearm from a law enforcement officer (section 18-915A,
29 Idaho Code);
30 (9) Propelling bodily fluid or waste (section 18-915B, Idaho Code);
31 (f10) Domestic violence (section 18-918, Idaho Code, constituting a fel-
32 ony);
33 (g11) Burglary (sections 18-1401 and 18-1405, Idaho Code), except those
34 convictions in which the defendant entered a retail mercantile establish-
35 ment and the offense took place when the victim was open to the public for
36 business and the defendant committed a theft and his actions did not con-
37 stitute grand theft as defined in chapter 24, title 18, Idaho Code;
38 (h12) Injury to a child (section 18-1501(1), Idaho Code);
39 (i13) Sexual abuse of a child under the age of sixteen years (section
40 18-1506, Idaho Code);
41 (14) Ritualized abuse of a child (section 18-1506A, Idaho Code);
42 (j15) Possession of sexually exploitive material for other than a commer-
43 cial purpose (section 18-1507A, Idaho Code);
2
1 (k16) Lewd conduct with minor child under sixteen (section 18-1508, Idaho
2 Code);
3 (l17) Sexual battery of a minor child sixteen or seventeen years of age
4 (section 18-1508A, Idaho Code);
5 (18) Enticing of children (sections 18-1509 and 18-1509A, Idaho Code);
6 (19) Sale or barter of a child (section 18-1511, Idaho Code);
7 (20) Possession of a controlled substance or dangerous weapon (section
8 18-2511, Idaho Code);
9 (21) False reports of explosives (section 18-3313, Idaho Code);
10 (22) Unlawful possession of a firearm (section 18-3316, Idaho Code);
11 (23) Unlawful discharge of a firearm (section 18-3317, Idaho Code);
12 (24) Unlawful possession or use of bombs or destructive devices (sections
13 18-3319 and 18-3320, Idaho Code);
14 (25) Use of weapons of mass destruction (section 18-3322, Idaho Code);
15 (m26) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
16 (n27) Manslaughter (sections 18-4006(1) or (2) and 18-4007, Idaho Code);
17 (28) Administering poison with intent to kill (section 18-4014, Idaho
18 Code);
19 (29) Assault with intent to murder (section 18-4015, Idaho Code);
20 (30) Indecent exposure (section 18-4116, Idaho Code);
21 (o31) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
22 (32) Forest sabotage (section 18-4631, Idaho Code);
23 (p33) Mayhem (sections 18-5001 and 18-5002, Idaho Code);
24 (34) Cannibalism (section 18-5003, Idaho Code);
25 (35) Poisoning food, medicine or wells (section 18-5501, Idaho Code);
26 (36) Interstate trafficking in prostitution (section 18-5601, Idaho Code);
27 (37) Inducing a minor into prostitution (section 18-5609, Idaho Code);
28 (q38) Rape (section 18-6101, Idaho Code);
29 (39) Male rape (sections 18-6108 and 18-6109, Idaho Code);
30 (40) Sexual contact with a prisoner (section 18-6110, Idaho Code);
31 (41) Video voyeurism (section 18-6609, Idaho Code);
32 (r42) Robbery (section 18-6501, Idaho Code);
33 (s43) Incest (section 18-6602, Idaho Code);
34 (t44) Crime against nature (section 18-6605, Idaho Code);
35 (u45) Forcible sexual penetration (section 18-6608, Idaho Code);
36 (46) Removal, destruction or burning of electric lines or plants (sections
37 18-6803, 18-6804 and 18-6805, Idaho Code);
38 (47) Malicious injury to property (section 18-7001, Idaho Code);
39 (48) Injuring dams, canals or other structures (section 18-7019, Idaho
40 Code);
41 (49) Setting fire to underground workings of mines (sections 18-7024 and
42 18-7025, Idaho Code);
43 (50) Sabotage (section 18-7026, Idaho Code);
44 (51) Aircraft hijacking (section 18-7501, Idaho Code);
45 (52) Assault with intent to commit aircraft hijacking (section 18-7502,
46 Idaho Code);
47 (53) Threats made against airline passengers and other persons, commercial
48 airline companies, or aircraft (section 18-7504, Idaho Code);
49 (v54) Racketeering (section 18-7804, Idaho Code);
50 (55) Malicious harassment (sections 18-7902 and 18-7903, Idaho Code);
51 (56) Stalking in the first degree (section 18-7905, Idaho Code);
52 (57) Prohibited terrorist activities (section 18-8103, Idaho Code);
53 (58) Providing material support to terrorists (section 18-8106, Idaho
54 Code);
55 (59) Prohibited employment of adult criminal sex offenders (section
3
1 18-8327, Idaho Code);
2 (60) Prohibited acts relating to uniform controlled substances (sections
3 37-2732, 37-2732B, 37-2734, 37-2737 and 37-2737A, Idaho Code);
4 (w61) Transfer of body fluid which may contain the HIV virus (section
5 39-608, Idaho Code);
6 (x62) Failure to register as sex offender (sections 18-8304 and 18-8308,
7 Idaho Code).
8 (2b) In addition to those crimes enumerated in subsection (1a) of this
9 section, any person, including any juvenile tried as an adult, who is con-
10 victed for an attempt to commit any of the following crimes, regardless of the
11 form of judgment or withheld judgment, and regardless of the sentence imposed
12 or disposition rendered, shall be required to provide to the Idaho state
13 police, a DNA sample and a right thumbprint impression:
14 (a1) Aggravated aArson (sections 18-802 through 18-805, Idaho Code);
15 (2) Felonious administering of drugs (sections 18-913 and 18-914, Idaho
16 Code);
17 (3) Assault or battery upon certain personnel (section 18-915, Idaho
18 Code);
19 (4) Removing a firearm from a law enforcement officer (section 18-915A,
20 Idaho Code);
21 (5) Propelling bodily fluid or waste (section 18-915B, Idaho Code);
22 (b6) Sexual abuse of a child under the age of sixteen years (section
23 18-1506, Idaho Code);
24 (7) Ritualized abuse of a child (section 18-1506A, Idaho Code);
25 (c8) Injury to a child (section 18-1501(1), Idaho Code);
26 (d9) Lewd conduct with minor child under sixteen (section 18-1508, Idaho
27 Code);
28 (e10) Sexual battery of a minor child sixteen or seventeen years of age
29 (section 18-1508A, Idaho Code);
30 (11) Enticing of children (sections 18-1509 and 18-1509A, Idaho Code);
31 (12) Sale or barter of a child (section 18-1511, Idaho Code);
32 (13) Possession of a controlled substance or dangerous weapon (section
33 18-2511, Idaho Code);
34 (14) False reports of explosives (section 18-3313, Idaho Code);
35 (15) Unlawful possession of a firearm (section 18-3316, Idaho Code);
36 (16) Unlawful discharge of a firearm (section 18-3317, Idaho Code);
37 (17) Unlawful possession or use of bombs or destructive devices (sections
38 18-3319 and 18-3320, Idaho Code);
39 (18) Use of weapons of mass destruction (section 18-3322, Idaho Code);
40 (f19) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
41 (20) Administering poison with intent to kill (section 18-4014, Idaho
42 Code);
43 (21) Assault with intent to murder (section 18-4015, Idaho Code);
44 (22) Indecent exposure (section 18-4116, Idaho Code);
45 (g23) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
46 (24) Forest sabotage (section 18-4631, Idaho Code);
47 (h25) Mayhem (section 18-5001, Idaho Code);
48 (26) Cannibalism (section 18-5003, Idaho Code);
49 (27) Poisoning food, medicine or wells (section 18-5501, Idaho Code);
50 (28) Interstate trafficking in prostitution (section 18-5601, Idaho Code);
51 (29) Inducing a minor into prostitution (section 18-5609, Idaho Code);
52 (i30) Rape (section 18-6101, Idaho Code);
53 (31) Male rape (sections 18-6108 and 18-6109, Idaho Code);
54 (32) Sexual contact with a prisoner (section 18-6110, Idaho Code);
55 (33) Video voyeurism (section 18-6609, Idaho Code);
4
1 (j34) Robbery (section 18-6501, Idaho Code);
2 (k35) Incest (section 18-6602, Idaho Code);
3 (l36) Crime against nature (section 18-6605, Idaho Code);
4 (m37) Forcible sexual penetration (section 18-6608, Idaho Code);
5 (38) Removal, destruction or burning of electric lines or plants (sections
6 18-6803, 18-6804 and 18-6805, Idaho Code);
7 (39) Malicious injury to property (section 18-7001, Idaho Code);
8 (40) Injuring dams, canals or other structures (section 18-7019, Idaho
9 Code);
10 (41) Setting fire to underground workings of mines (sections 18-7024 and
11 18-7025, Idaho Code);
12 (42) Sabotage (section 18-7026, Idaho Code);
13 (43) Aircraft hijacking (section 18-7501, Idaho Code);
14 (44) Assault with intent to commit aircraft hijacking (section 18-7502,
15 Idaho Code);
16 (45) Threats made against airline passengers and other persons, commercial
17 airline companies, or aircraft (section 18-7504, Idaho Code);
18 (46) Malicious harassment (sections 18-7902 and 18-7903, Idaho Code);
19 (47) Stalking in the first degree (section 18-7905, Idaho Code);
20 (48) Prohibited terrorist activities (section 18-8103, Idaho Code);
21 (49) Providing material support to terrorists (section 18-8106, Idaho
22 Code);
23 (50) Prohibited employment of adult criminal sex offenders (section
24 18-8327, Idaho Code);
25 (n51) Transfer of body fluid which may contain the HIV virus (section
26 39-608, Idaho Code).
27 (3c) This chapter's requirements for submission to tests and procedures
28 for obtaining a DNA sample and thumbprint impression from the persons
29 described above are mandatory and apply to those persons convicted of such
30 crimes covered in this chapter prior to its effective date, and who, as a
31 result of the offense, are incarcerated in a county jail facility or a penal
32 facility or are under probation or parole supervision after the effective date
33 of this chapter.
34 (4d) The collection of samples and impressions specified in this chapter
35 are required regardless of whether the person previously has supplied a DNA
36 sample to law enforcement agencies in any other jurisdiction.
37 (5e) The requirements of this chapter are mandatory and apply regardless
38 of whether a court advises a person that samples and impressions must be pro-
39 vided to the databank and database as a condition of probation or parole.
40 (6f) Unless the court determines that an order of restitution would be
41 inappropriate or undesirable, it shall order any person subject to the provi-
42 sions of this section to pay restitution to help offset costs incurred by law
43 enforcement agencies for the expense of DNA analysis.
44 (7g) The court may order such person to pay restitution for DNA analysis
45 in an amount not to exceed five hundred dollars ($500) per DNA sample analy-
46 sis, or in the aggregate not more than two thousand dollars ($2,000), regard-
47 less of whether:
48 (a1) The source of the sample is the person, the victim or other persons
49 of interest in the case;
50 (b2) Results of the analysis are entered into evidence in the person's
51 criminal case;
52 (c3) The DNA sample was previously analyzed for another criminal case; or
53 (d4) Restitution for that DNA sample analysis was ordered in any other
54 criminal case.
55 (8h) Law enforcement agencies entitled to restitution under this section
5
1 include the Idaho state police, county and city law enforcement agencies, the
2 office of the attorney general, county prosecuting attorneys and city attor-
3 neys.
4 (9i) In the case of reimbursement for DNA analysis performed by the Idaho
5 state police, those moneys shall be paid to the Idaho state police and depos-
6 ited in the law enforcement fund. In the case of reimbursement to the office
7 of the attorney general, those moneys shall be paid to the general fund.
8 (10j) Persons who have been sentenced to death, or life without the pos-
9 sibility of parole, or to any life or indeterminate term are not exempt from
10 the requirements of this chapter.
11 SECTION 2. This act shall be in full force and effect on and after July
12 1, 2005, and shall apply only to persons who are convicted of or plead guilty
13 to a crime covered by this act after July 1, 2005.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Kelly
Seconded by Jorgenson
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1197
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 20, following "Code)" insert: ",
3 constituting a felony"; in line 38, following "Code)" insert: ", constituting
4 a felony"; on page 3, delete lines 2 and 3; in line 4, delete "61" and insert:
5 "60"; in line 6, delete "62" and insert: "61"; in line 44, following "Code)"
6 insert: ", constituting a felony"; and on page 4, in line 7, following "Code)"
7 insert: ", constituting a felony".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1197, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO OFFENDERS SUBJECT TO SAMPLE COLLECTION; AMENDING SECTION 19-5506,
3 IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO PERSONS REQUIRED TO PROVIDE
4 A DNA SAMPLE AND THUMBPRINT TO THE IDAHO STATE POLICE AND TO MAKE TECHNI-
5 CAL CHANGES; PROVIDING AN EFFECTIVE DATE AND PROVIDING APPLICATION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 19-5506, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 19-5506. SCOPE OF LAW -- OFFENDERS SUBJECT TO SAMPLE COLLECTION -- EARLY
10 COLLECTION OF SAMPLES -- RESTITUTION. (1a) Any person, including any juvenile
11 tried as an adult, who is convicted of, or pleads guilty to, any of the fol-
12 lowing crimes, regardless of the form of judgment or withheld judgment, and
13 regardless of the sentence imposed or disposition rendered, shall be required
14 to provide to the Idaho state police, a DNA sample and a right thumbprint
15 impression:
16 (a1) Aggravated aArson (sections 18-802, 18-803, 18-804 and 18-805, Idaho
17 Code);
18 (b2) Aggravated assault (section 18-905, Idaho Code);
19 (c3) Aggravated battery (section 18-907, Idaho Code);
20 (d4) Assault with the intent to commit a serious felony (section 18-909,
21 Idaho Code);
22 (e5) Battery with the intent to commit a serious felony (section 18-911,
23 Idaho Code);
24 (6) Felonious administering of drugs (sections 18-913 and 18-914, Idaho
25 Code);
26 (7) Assault or battery upon certain personnel (section 18-915, Idaho
27 Code);
28 (8) Removing a firearm from a law enforcement officer (section 18-915A,
29 Idaho Code);
30 (9) Propelling bodily fluid or waste (section 18-915B, Idaho Code);
31 (f10) Domestic violence (section 18-918, Idaho Code, constituting a fel-
32 ony);
33 (g11) Burglary (sections 18-1401 and 18-1405, Idaho Code), except those
34 convictions in which the defendant entered a retail mercantile establish-
35 ment and the offense took place when the victim was open to the public for
36 business and the defendant committed a theft and his actions did not con-
37 stitute grand theft as defined in chapter 24, title 18, Idaho Code;
38 (h12) Injury to a child (section 18-1501(1), Idaho Code);
39 (i13) Sexual abuse of a child under the age of sixteen years (section
40 18-1506, Idaho Code);
41 (14) Ritualized abuse of a child (section 18-1506A, Idaho Code);
42 (j15) Possession of sexually exploitive material for other than a commer-
43 cial purpose (section 18-1507A, Idaho Code);
2
1 (k16) Lewd conduct with minor child under sixteen (section 18-1508, Idaho
2 Code);
3 (l17) Sexual battery of a minor child sixteen or seventeen years of age
4 (section 18-1508A, Idaho Code);
5 (18) Enticing of children (sections 18-1509 and 18-1509A, Idaho Code);
6 (19) Sale or barter of a child (section 18-1511, Idaho Code);
7 (20) Possession of a controlled substance or dangerous weapon (section
8 18-2511, Idaho Code);
9 (21) False reports of explosives (section 18-3313, Idaho Code);
10 (22) Unlawful possession of a firearm (section 18-3316, Idaho Code);
11 (23) Unlawful discharge of a firearm (section 18-3317, Idaho Code);
12 (24) Unlawful possession or use of bombs or destructive devices (sections
13 18-3319 and 18-3320, Idaho Code);
14 (25) Use of weapons of mass destruction (section 18-3322, Idaho Code);
15 (m26) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
16 (n27) Manslaughter (sections 18-4006(1) or (2) and 18-4007, Idaho Code);
17 (28) Administering poison with intent to kill (section 18-4014, Idaho
18 Code);
19 (29) Assault with intent to murder (section 18-4015, Idaho Code);
20 (30) Indecent exposure (section 18-4116, Idaho Code), constituting a fel-
21 ony;
22 (o31) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
23 (32) Forest sabotage (section 18-4631, Idaho Code);
24 (p33) Mayhem (sections 18-5001 and 18-5002, Idaho Code);
25 (34) Cannibalism (section 18-5003, Idaho Code);
26 (35) Poisoning food, medicine or wells (section 18-5501, Idaho Code);
27 (36) Interstate trafficking in prostitution (section 18-5601, Idaho Code);
28 (37) Inducing a minor into prostitution (section 18-5609, Idaho Code);
29 (q38) Rape (section 18-6101, Idaho Code);
30 (39) Male rape (sections 18-6108 and 18-6109, Idaho Code);
31 (40) Sexual contact with a prisoner (section 18-6110, Idaho Code);
32 (41) Video voyeurism (section 18-6609, Idaho Code);
33 (r42) Robbery (section 18-6501, Idaho Code);
34 (s43) Incest (section 18-6602, Idaho Code);
35 (t44) Crime against nature (section 18-6605, Idaho Code);
36 (u45) Forcible sexual penetration (section 18-6608, Idaho Code);
37 (46) Removal, destruction or burning of electric lines or plants (sections
38 18-6803, 18-6804 and 18-6805, Idaho Code);
39 (47) Malicious injury to property (section 18-7001, Idaho Code), consti-
40 tuting a felony;
41 (48) Injuring dams, canals or other structures (section 18-7019, Idaho
42 Code);
43 (49) Setting fire to underground workings of mines (sections 18-7024 and
44 18-7025, Idaho Code);
45 (50) Sabotage (section 18-7026, Idaho Code);
46 (51) Aircraft hijacking (section 18-7501, Idaho Code);
47 (52) Assault with intent to commit aircraft hijacking (section 18-7502,
48 Idaho Code);
49 (53) Threats made against airline passengers and other persons, commercial
50 airline companies, or aircraft (section 18-7504, Idaho Code);
51 (v54) Racketeering (section 18-7804, Idaho Code);
52 (55) Malicious harassment (sections 18-7902 and 18-7903, Idaho Code);
53 (56) Stalking in the first degree (section 18-7905, Idaho Code);
54 (57) Prohibited terrorist activities (section 18-8103, Idaho Code);
55 (58) Providing material support to terrorists (section 18-8106, Idaho
3
1 Code);
2 (59) Prohibited employment of adult criminal sex offenders (section
3 18-8327, Idaho Code);
4 (w60) Transfer of body fluid which may contain the HIV virus (section
5 39-608, Idaho Code);
6 (x61) Failure to register as sex offender (sections 18-8304 and 18-8308,
7 Idaho Code).
8 (2b) In addition to those crimes enumerated in subsection (1a) of this
9 section, any person, including any juvenile tried as an adult, who is con-
10 victed for an attempt to commit any of the following crimes, regardless of the
11 form of judgment or withheld judgment, and regardless of the sentence imposed
12 or disposition rendered, shall be required to provide to the Idaho state
13 police, a DNA sample and a right thumbprint impression:
14 (a1) Aggravated aArson (sections 18-802 through 18-805, Idaho Code);
15 (2) Felonious administering of drugs (sections 18-913 and 18-914, Idaho
16 Code);
17 (3) Assault or battery upon certain personnel (section 18-915, Idaho
18 Code);
19 (4) Removing a firearm from a law enforcement officer (section 18-915A,
20 Idaho Code);
21 (5) Propelling bodily fluid or waste (section 18-915B, Idaho Code);
22 (b6) Sexual abuse of a child under the age of sixteen years (section
23 18-1506, Idaho Code);
24 (7) Ritualized abuse of a child (section 18-1506A, Idaho Code);
25 (c8) Injury to a child (section 18-1501(1), Idaho Code);
26 (d9) Lewd conduct with minor child under sixteen (section 18-1508, Idaho
27 Code);
28 (e10) Sexual battery of a minor child sixteen or seventeen years of age
29 (section 18-1508A, Idaho Code);
30 (11) Enticing of children (sections 18-1509 and 18-1509A, Idaho Code);
31 (12) Sale or barter of a child (section 18-1511, Idaho Code);
32 (13) Possession of a controlled substance or dangerous weapon (section
33 18-2511, Idaho Code);
34 (14) False reports of explosives (section 18-3313, Idaho Code);
35 (15) Unlawful possession of a firearm (section 18-3316, Idaho Code);
36 (16) Unlawful discharge of a firearm (section 18-3317, Idaho Code);
37 (17) Unlawful possession or use of bombs or destructive devices (sections
38 18-3319 and 18-3320, Idaho Code);
39 (18) Use of weapons of mass destruction (section 18-3322, Idaho Code);
40 (f19) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
41 (20) Administering poison with intent to kill (section 18-4014, Idaho
42 Code);
43 (21) Assault with intent to murder (section 18-4015, Idaho Code);
44 (22) Indecent exposure (section 18-4116, Idaho Code), constituting a fel-
45 ony;
46 (g23) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
47 (24) Forest sabotage (section 18-4631, Idaho Code);
48 (h25) Mayhem (section 18-5001, Idaho Code);
49 (26) Cannibalism (section 18-5003, Idaho Code);
50 (27) Poisoning food, medicine or wells (section 18-5501, Idaho Code);
51 (28) Interstate trafficking in prostitution (section 18-5601, Idaho Code);
52 (29) Inducing a minor into prostitution (section 18-5609, Idaho Code);
53 (i30) Rape (section 18-6101, Idaho Code);
54 (31) Male rape (sections 18-6108 and 18-6109, Idaho Code);
55 (32) Sexual contact with a prisoner (section 18-6110, Idaho Code);
4
1 (33) Video voyeurism (section 18-6609, Idaho Code);
2 (j34) Robbery (section 18-6501, Idaho Code);
3 (k35) Incest (section 18-6602, Idaho Code);
4 (l36) Crime against nature (section 18-6605, Idaho Code);
5 (m37) Forcible sexual penetration (section 18-6608, Idaho Code);
6 (38) Removal, destruction or burning of electric lines or plants (sections
7 18-6803, 18-6804 and 18-6805, Idaho Code);
8 (39) Malicious injury to property (section 18-7001, Idaho Code), consti-
9 tuting a felony;
10 (40) Injuring dams, canals or other structures (section 18-7019, Idaho
11 Code);
12 (41) Setting fire to underground workings of mines (sections 18-7024 and
13 18-7025, Idaho Code);
14 (42) Sabotage (section 18-7026, Idaho Code);
15 (43) Aircraft hijacking (section 18-7501, Idaho Code);
16 (44) Assault with intent to commit aircraft hijacking (section 18-7502,
17 Idaho Code);
18 (45) Threats made against airline passengers and other persons, commercial
19 airline companies, or aircraft (section 18-7504, Idaho Code);
20 (46) Malicious harassment (sections 18-7902 and 18-7903, Idaho Code);
21 (47) Stalking in the first degree (section 18-7905, Idaho Code);
22 (48) Prohibited terrorist activities (section 18-8103, Idaho Code);
23 (49) Providing material support to terrorists (section 18-8106, Idaho
24 Code);
25 (50) Prohibited employment of adult criminal sex offenders (section
26 18-8327, Idaho Code);
27 (n51) Transfer of body fluid which may contain the HIV virus (section
28 39-608, Idaho Code).
29 (3c) This chapter's requirements for submission to tests and procedures
30 for obtaining a DNA sample and thumbprint impression from the persons
31 described above are mandatory and apply to those persons convicted of such
32 crimes covered in this chapter prior to its effective date, and who, as a
33 result of the offense, are incarcerated in a county jail facility or a penal
34 facility or are under probation or parole supervision after the effective date
35 of this chapter.
36 (4d) The collection of samples and impressions specified in this chapter
37 are required regardless of whether the person previously has supplied a DNA
38 sample to law enforcement agencies in any other jurisdiction.
39 (5e) The requirements of this chapter are mandatory and apply regardless
40 of whether a court advises a person that samples and impressions must be pro-
41 vided to the databank and database as a condition of probation or parole.
42 (6f) Unless the court determines that an order of restitution would be
43 inappropriate or undesirable, it shall order any person subject to the provi-
44 sions of this section to pay restitution to help offset costs incurred by law
45 enforcement agencies for the expense of DNA analysis.
46 (7g) The court may order such person to pay restitution for DNA analysis
47 in an amount not to exceed five hundred dollars ($500) per DNA sample analy-
48 sis, or in the aggregate not more than two thousand dollars ($2,000), regard-
49 less of whether:
50 (a1) The source of the sample is the person, the victim or other persons
51 of interest in the case;
52 (b2) Results of the analysis are entered into evidence in the person's
53 criminal case;
54 (c3) The DNA sample was previously analyzed for another criminal case; or
55 (d4) Restitution for that DNA sample analysis was ordered in any other
5
1 criminal case.
2 (8h) Law enforcement agencies entitled to restitution under this section
3 include the Idaho state police, county and city law enforcement agencies, the
4 office of the attorney general, county prosecuting attorneys and city attor-
5 neys.
6 (9i) In the case of reimbursement for DNA analysis performed by the Idaho
7 state police, those moneys shall be paid to the Idaho state police and depos-
8 ited in the law enforcement fund. In the case of reimbursement to the office
9 of the attorney general, those moneys shall be paid to the general fund.
10 (10j) Persons who have been sentenced to death, or life without the pos-
11 sibility of parole, or to any life or indeterminate term are not exempt from
12 the requirements of this chapter.
13 SECTION 2. This act shall be in full force and effect on and after July
14 1, 2005, and shall apply only to persons who are convicted of or plead guilty
15 to a crime covered by this act after July 1, 2005.
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STATEMENT OF PURPOSE
RS 15099E1
This proposal amends Idaho Code section 19-5506, by adding fifty (50)
felony crimes to the DNA/CODIS Act under which offenders are subject to
sample collection. The Idaho Department of Correction reports an average
of 160 offenders convicted of these additional crimes sentenced into its
custody for each of the past three years. Just under 35% of these
offenders receive probation, while slightly more than 65% are
incarcerated.
When the DNA/CODIS Act was written in 1996, it included legislative intent
language stating that DNA is a useful law enforcement tool for identifying
and prosecuting sexual and violent offenders. Legislative intent also
cited the value of DNA data in the elimination of particular suspects for
such crimes.
Crimes identified in 1996 for inclusion in the Act were those violent and
sexual crimes most often committed and convicted. Burglary and domestic
violence were later added to the list. This amendment captures the
remaining felonies falling into the categories of "violent" or "sexual",
in accordance with the original legislative intent.
According to a recent FBI CODIS program report the majority of types of
crime solved through DNA database hits in the United States have been
sexual assaults and other violent crimes. The report further makes the
point that the more complete a state's DNA database is, the more matches
can be made and the more cases can be solved.
The amendment applies only to offenders convicted of the additional
crimes after the effective date of the bill.
FISCAL NOTE
The Idaho Department of Correction reports an average of 160 offenders
convicted of these additional crimes sentenced into its custody for each
of the past three years which would result in a fiscal impact of $ 960
($6.00 per offender) and the Idaho State Police believes that federal
funding will continue to be available to outsource these convicted
offender samples over the next several years. However, when federal funds
are no longer available, ISP's fiscal impact will be approximately $10,060
for collection kits, DNA amplification kits and associated reagents and
consumables regardless of this legislation, ISP may require additional
resources to fulfill their obligations under IC 19-5506.
Immediate fiscal impact to IDOC: $960/year
Fiscal impact to ISP when federal funds are no longer available:
$10,060/year.
Contact:
Name: Senator Kelly
Phone: 334-1000
Name: Senator Jorgenson
Phone: 334-1000
STATEMENT OF PURPOSE/FISCAL NOTE S1197aa
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