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S1301................................................by JUDICIARY AND RULES
SEX OFFENDERS - Amends existing law to increase the mandatory minimum term
of confinement for certain sex offenders to fifteen years; and to provide
for a mandatory minimum of life imprisonment for certain repeat sex
offenders designated as violent sexual predators.
01/24 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, 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 -- Gannon
Floor Sponsors - Darrington & Jorgenson
Title apvd - to House
02/14 House intro - 1st rdg - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Denney, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, 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), Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
Speaker
NAYS -- None
Absent and excused -- Black, Deal, Edmunson, Shepherd(8), Wood
Floor Sponsor - Clark
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed
03/15 Sp signed
03/16 To Governor
03/22 Governor signed
Session Law Chapter 154
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1301
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO MANDATORY MINIMUM SENTENCING; AMENDING SECTION 19-2520G, IDAHO
3 CODE, TO INCREASE THE MANDATORY MINIMUM TERM OF CONFINEMENT FOR CERTAIN
4 SEX OFFENDERS TO FIFTEEN YEARS AND TO PROVIDE FOR A MANDATORY MINIMUM TERM
5 OF LIFE IMPRISONMENT FOR CERTAIN REPEAT SEX OFFENDERS DESIGNATED AS VIO-
6 LENT SEXUAL PREDATORS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 19-2520G, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 19-2520G. MANDATORY MINIMUM SENTENCING. (1) Pursuant to section 13, arti-
11 cle V of the Idaho constitution, the legislature intends to provide mandatory
12 minimum sentences for repeat offenders who have previously been found guilty
13 of or pleaded guilty to child sexual abuse. The legislature hereby finds and
14 declares that the sexual exploitation of children constitutes a wrongful inva-
15 sion of a child and results in social, developmental and emotional injury to
16 the child. It is the policy of the legislature to protect children from the
17 physical and psychological damage caused by their being used in sexual con-
18 duct. In order to protect children from becoming victims of this type of con-
19 duct by perpetrators, it is necessary to provide the mandatory minimum sen-
20 tencing format contained in subsection (2) of this section. By enacting manda-
21 tory minimum sentences, the legislature does not seek to limit the court's
22 power to impose in any case a longer sentence as provided by law.
23 (2) Any person who is found guilty of violating the provisions of section
24 18-1506 (sexual abuse of a child under age sixteen years), 18-1508 (lewd con-
25 duct with a minor under sixteen), or 18-1508A, Idaho Code (sexual battery of a
26 minor child sixteen or seventeen years of age) or pleads guilty to any offense
27 requiring sex offender registration as set forth in section 18-8304, Idaho
28 Code, or any attempt or conspiracy to commit such a crime, shall be sentenced
29 to a mandatory minimum term of confinement to the custody of the state board
30 of correction for a period of not less than five fifteen (15) years, if it is
31 found by the trier of fact that previous to the commission of such crime the
32 defendant has been found guilty of or has pleaded guilty to a violation of any
33 such crime or an offense committed in this state or another state which, if
34 committed in this state, would be punishable pursuant to any of the sections
35 of the require the person to register as a sexual offender as set forth in
36 section 18-8304, Idaho Code. identified in this subsection.
37 (3) Any person who is found guilty of or pleads guilty to any offense
38 requiring sex offender registration as set forth in section 18-8304, Idaho
39 Code, or any attempt or conspiracy to commit such a crime, shall be sentenced
40 to a mandatory minimum term of confinement to the custody of the state board
41 of correction for a period of not less than life, if it is found by the trier
42 of fact that previous to the commission of such crime the defendant has been
43 and is designated a violent sexual predator as set forth in section 18-8314,
2
1 Idaho Code, or the equivalent under the laws of another state at the time of
2 committing such offense.
3 (4) The mandatory minimum term provided in this section shall be imposed
4 where the aggravating factor is separately charged in the information or
5 indictment and admitted by the accused or found to be true by the trier of
6 fact at a trial of the substantive crime. A court shall not have the power to
7 suspend, withhold, retain jurisdiction, or commute a mandatory minimum sen-
8 tence imposed pursuant to this section. Any sentence imposed under the provi-
9 sions of this section shall run consecutive to any other sentence imposed by
10 the court.
STATEMENT OF PURPOSE
RS15528
The purpose of this act is to update subsection 2 and add a new
section to provide for mandatory minimum sentences for recidivist
sexual offenders. This amendment applies only to sexual
offenders who are on the registry because they committed a prior
sexual offense and are convicted of a second sexual offense for
which registration is required. This amendment will protect
society by requiring lengthy incarceration of recidivist sexual
offenders.
FISCAL NOTE
This bill will have some fiscal impact from enhanced
incarceration. The precise amount is difficult to gauge because
of the lack of complete data on recidivist sexual offenders and
the sentences they receive. For fiscal year 2004-2005, 23 of the
adults charged with committing sexual crimes against children had
a prior conviction for child sexual abuse. The total number of
adults charged with child sexual abuse during that year was 259.
Contact
Name: William A. von Tagen
Office of the Attorney General
Phone: 334-4140
STATEMENT OF PURPOSE / FISCAL NOTE S 1301