2006 Legislation
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HOUSE BILL NO. 713 – School child, no sex offendr access

HOUSE BILL NO. 713

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 / Fiscal Impact



                       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