2006 Legislation
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SENATE BILL NO. 1301 – Sex offenders/certn/minimum sentnce


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Bill Status

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.
      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

Bill Text

  ]]]]              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
  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,
  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 / Fiscal Impact

                      STATEMENT OF PURPOSE

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
                          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.

Name: William A. von Tagen
Office of the Attorney General 
Phone: 334-4140

STATEMENT OF PURPOSE / FISCAL NOTE                      S 1301