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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 - 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.
]]]] 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".
]]]] 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