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H0713aa,aaS....................................................by EDUCATION SEX OFFENDERS - SCHOOL CHILDREN - Adds to existing law to prohibit access to school children by any person currently registered or required to register under the Idaho Sex Offender Registration Act; to provide exceptions; to provide a penalty; and to allow more stringent safety and security requirements by school districts. 02/21 House intro - 1st rdg - to printing 02/22 Rpt prt - to Jud 02/28 Rpt out - to Gen Ord 03/02 Rpt out amen - to engros 03/03 Rpt engros - 1st rdg - to 2nd rdg as amen 03/06 2nd rdg - to 3rd rdg as amen 03/09 3rd rdg as amen - PASSED - 61-7-2 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Brackett, Bradford, Cannon, Chadderdon, Clark, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Barrett, Bolz, Collins, Hart, Harwood, Mitchell, Ringo Absent and excused -- Shepherd(8), Wood Floor Sponsors - Chadderdon & Nonini Title apvd - to Senate 03/10 Senate intro - 1st rdg - to Jud 03/16 Rpt out - to 14th Ord 03/22 Rpt out amen - to 1st rdg as amen 03/23 1st rdg - to 2nd rdg as amen 03/24 2nd rdg - to 3rd rdg as amen 03/28 3rd rdg as amen - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark), Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, 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 -- None Floor Sponsors - Goedde & Jorgenson Title apvd - to House 03/29 House concurred in Senate amens - to engros 03/30 Rpt engros - 1st rdg - to 2nd rdg as amen 03/31 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 60-6-4 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bilbao, Black, Block, Boe, Brackett, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Barrett, Bolz, Hart, Lake, Ringo, Wood Absent and excused -- Bell, Bradford, Cannon, Crow Floor Sponsor - Chadderdon Title apvd - to enrol 04/03 Rpt enrol - Sp signed - Pres signed 04/04 To Governor 04/07 Governor signed Session Law Chapter 354 Effective: 04/07/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 713 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO ADULT CRIMINAL SEX OFFENDERS; AMENDING CHAPTER 83, TITLE 18, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 18-8329, IDAHO CODE, TO PROHIBIT 4 ACCESS TO SCHOOL CHILDREN BY ANY PERSON CURRENTLY REGISTERED OR REQUIRED 5 TO REGISTER UNDER THE IDAHO SEX OFFENDER REGISTRATION ACT, TO PROVIDE 6 EXCEPTIONS AND TO PROVIDE A PENALTY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 83, Title 18, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 18-8329, Idaho Code, and to read as follows: 11 18-8329. ADULT CRIMINAL SEX OFFENDERS -- PROHIBITED ACCESS TO SCHOOL 12 CHILDREN -- EXCEPTIONS. (1) If a person is currently registered or is required 13 to register under the sex offender registration act as provided in chapter 83, 14 title 18, Idaho Code, it is a misdemeanor for such person to: 15 (a) Be upon or to remain on the premises of any school building or school 16 grounds in this state when children under the age of eighteen (18) years 17 are present, other than to drop off or pick up the person's child or chil- 18 dren. 19 (b) Knowingly remain upon or loiter on a public way within five hundred 20 (500) feet of a school building or school grounds in this state when chil- 21 dren under the age of eighteen (18) years are present. 22 (c) Be in any conveyance owned, leased or contracted by a school to 23 transport students to or from school or a school-related activity when 24 children under the age of eighteen (18) years are present in the convey- 25 ance. 26 (d) Reside within five hundred (500) feet of the property on which a 27 school is located, provided however, that this paragraph (d) shall not 28 apply if such sex offender's residence was established prior to July 1, 29 2006. 30 (2) The provisions of this section shall not apply to an adult criminal 31 sex offender: 32 (a) When the offender is a student in attendance at the school; or 33 (b) While attending an academic conference with school officials as the 34 parent of a child enrolled in the school, provided the offender has given 35 at least one (1) day's advance notice to the principal or other proper 36 authority of the school as designated by the principal, of the date, time 37 and precise location of the conference.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Kelly Seconded by Goedde IN THE SENATE SENATE AMENDMENT TO H.B. NO. 713, As Amended 1 AMENDMENT TO SECTION 1 2 On page 1 of the engrossed bill, delete lines 16 through 18 and insert: 3 "grounds in this state when the person has reason to believe children under 4 the age of eighteen (18) years are present."; in line 19, delete "remain upon 5 or"; in line 28, delete "sex offender's" and insert: "person's"; delete lines 6 30 through 39 and insert: 7 "(2) The provisions of subsections (1)(a) and (1)(b) of this section 8 shall not apply when the person: 9 (a) Is a student in attendance at the school; or 10 (b) Is attending an academic conference or other scheduled school event 11 with school officials as a parent or legal guardian of a child who is 12 enrolled in the school and is participating in the conference or event; or 13 (c) Resides at a state licensed or certified facility for incarceration, 14 health or convalescent care; or 15 (d) Is dropping off or picking up a child or children and the person is 16 the child or children's parent or legal guardian; or 17 (e) Is temporarily on school grounds, during school hours, for the pur- 18 pose of making a mail, food or other delivery. 19 (3) Nothing in this section shall prevent a school district from adopting 20 more stringent safety and security requirements for employees and nonemployees 21 while they are in district facilities and/or on district properties.". 22 CORRECTION TO TITLE 23 On page 1, delete line 6, and insert: "EXCEPTIONS, TO PROVIDE A PENALTY 24 AND TO ALLOW MORE STRINGENT SAFETY AND SECURITY REQUIREMENTS BY SCHOOL DIS- 25 TRICTS; AND DECLARING AN EMERGENCY.". 2 Moved by Chadderdon Seconded by Nielsen IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 713 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, following line 37 insert: 3 "(c) When the offender resides at a state licensed or certified facility 4 for incarceration, health or convalescent care.". 5 AMENDMENT TO THE BILL 6 On page 1, following line 37 insert: 7 "SECTION 2. An emergency existing therefor, which emergency is hereby 8 declared to exist, this act shall be in full force and effect on and after its 9 passage and approval.". 10 CORRECTION TO TITLE 11 On page 1, in line 6, following "PENALTY" insert: "; AND DECLARING AN 12 EMERGENCY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 713, As Amended, As Amended in the Senate BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO ADULT CRIMINAL SEX OFFENDERS; AMENDING CHAPTER 83, TITLE 18, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 18-8329, IDAHO CODE, TO PROHIBIT 4 ACCESS TO SCHOOL CHILDREN BY ANY PERSON CURRENTLY REGISTERED OR REQUIRED 5 TO REGISTER UNDER THE IDAHO SEX OFFENDER REGISTRATION ACT, TO PROVIDE 6 EXCEPTIONS, TO PROVIDE A PENALTY AND TO ALLOW MORE STRINGENT SAFETY AND 7 SECURITY REQUIREMENTS BY SCHOOL DISTRICTS; AND DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 83, Title 18, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 18-8329, Idaho Code, and to read as follows: 12 18-8329. ADULT CRIMINAL SEX OFFENDERS -- PROHIBITED ACCESS TO SCHOOL 13 CHILDREN -- EXCEPTIONS. (1) If a person is currently registered or is required 14 to register under the sex offender registration act as provided in chapter 83, 15 title 18, Idaho Code, it is a misdemeanor for such person to: 16 (a) Be upon or to remain on the premises of any school building or school 17 grounds in this state when the person has reason to believe children under 18 the age of eighteen (18) years are present. 19 (b) Knowingly loiter on a public way within five hundred (500) feet of a 20 school building or school grounds in this state when children under the 21 age of eighteen (18) years are present. 22 (c) Be in any conveyance owned, leased or contracted by a school to 23 transport students to or from school or a school-related activity when 24 children under the age of eighteen (18) years are present in the convey- 25 ance. 26 (d) Reside within five hundred (500) feet of the property on which a 27 school is located, provided however, that this paragraph (d) shall not 28 apply if such person's residence was established prior to July 1, 2006. 29 (2) The provisions of subsections (1)(a) and (1)(b) of this section shall 30 not apply when the person: 31 (a) Is a student in attendance at the school; or 32 (b) Is attending an academic conference or other scheduled school event 33 with school officials as a parent or legal guardian of a child who is 34 enrolled in the school and is participating in the conference or event; or 35 (c) Resides at a state licensed or certified facility for incarceration, 36 health or convalescent care; or 37 (d) Is dropping off or picking up a child or children and the person is 38 the child or children's parent or legal guardian; or 39 (e) Is temporarily on school grounds, during school hours, for the pur- 40 pose of making a mail, food or other delivery. 41 (3) Nothing in this section shall prevent a school district from adopting 42 more stringent safety and security requirements for employees and nonemployees 43 while they are in district facilities and/or on district properties. 2 1 SECTION 2. An emergency existing therefor, which emergency is hereby 2 declared to exist, this act shall be in full force and effect on and after its 3 passage and approval. 3 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 713, As Amended BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO ADULT CRIMINAL SEX OFFENDERS; AMENDING CHAPTER 83, TITLE 18, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 18-8329, IDAHO CODE, TO PROHIBIT 4 ACCESS TO SCHOOL CHILDREN BY ANY PERSON CURRENTLY REGISTERED OR REQUIRED 5 TO REGISTER UNDER THE IDAHO SEX OFFENDER REGISTRATION ACT, TO PROVIDE 6 EXCEPTIONS AND TO PROVIDE A PENALTY; AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 3. That Chapter 83, Title 18, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 18-8329, Idaho Code, and to read as follows: 11 18-8329. ADULT CRIMINAL SEX OFFENDERS -- PROHIBITED ACCESS TO SCHOOL 12 CHILDREN -- EXCEPTIONS. (1) If a person is currently registered or is required 13 to register under the sex offender registration act as provided in chapter 83, 14 title 18, Idaho Code, it is a misdemeanor for such person to: 15 (a) Be upon or to remain on the premises of any school building or school 16 grounds in this state when children under the age of eighteen (18) years 17 are present, other than to drop off or pick up the person's child or chil- 18 dren. 19 (b) Knowingly remain upon or loiter on a public way within five hundred 20 (500) feet of a school building or school grounds in this state when chil- 21 dren under the age of eighteen (18) years are present. 22 (c) Be in any conveyance owned, leased or contracted by a school to 23 transport students to or from school or a school-related activity when 24 children under the age of eighteen (18) years are present in the convey- 25 ance. 26 (d) Reside within five hundred (500) feet of the property on which a 27 school is located, provided however, that this paragraph (d) shall not 28 apply if such sex offender's residence was established prior to July 1, 29 2006. 30 (2) The provisions of this section shall not apply to an adult criminal 31 sex offender: 32 (a) When the offender is a student in attendance at the school; or 33 (b) While attending an academic conference with school officials as the 34 parent of a child enrolled in the school, provided the offender has given 35 at least one (1) day's advance notice to the principal or other proper 36 authority of the school as designated by the principal, of the date, time 37 and precise location of the conference. 38 (c) When the offender resides at a state licensed or certified facility 39 for incarceration, health or convalescent care. 40 SECTION 4. An emergency existing therefor, which emergency is hereby 41 declared to exist, this act shall be in full force and effect on and after its 42 passage and approval.
STATEMENT OF PURPOSE RS 16051 The purpose of this legislation is to clarify in law that it is illegal for a registered sex offender to be upon school grounds or within 500 feet of school grounds or areas where school activities involving students less than 18 years of age are taking place. An exception is provided for parents dropping off or picking up their children attending the school, students meeting the definition of sex offender enrolled in school, and parents attending parent teacher conferences. It provides a misdemeanor penalty for a violation. FISCAL NOTE There is no fiscal impact on the general fund. Contact: Name: Cliff Green, Idaho School Boards Association Phone: 208 854 1476 Sponsors: Representatives Chadderdon and Nonini, Senator Goedde STATEMENT OF PURPOSE/FISCAL NOTE H 713