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S1304................................................by JUDICIARY AND RULES
SEX OFFENDERS - Amends existing law to set forth provisions applicable to
judgments for offenses requiring sex offender registration; and to clarify
the term "conviction."
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 Sponsor - Sweet
Title apvd - to House
02/14 House intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 65-1-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood
NAYS -- McKague
Absent and excused -- Block, Crow, Sali, Mr. Speaker
Floor Sponsor - Clark
Title apvd - to Senate
03/14 To enrol
03/15 Rpt enrol - Pres signed
03/16 Sp signed
03/17 To Governor
03/22 Governor signed
Session Law Chapter 157
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1304
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-2604, IDAHO CODE, TO SET
3 FORTH PROVISIONS APPLICABLE TO JUDGMENTS FOR OFFENSES REQUIRING SEX
4 OFFENDER REGISTRATION, TO CLARIFY THE TERM "CONVICTION" AND TO MAKE TECH-
5 NICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 19-2604, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 19-2604. DISCHARGE OF DEFENDANT -- AMENDMENT OF JUDGMENT. (1). If sen-
10 tence has been imposed but suspended, or if sentence has been withheld, upon
11 application of the defendant and upon satisfactory showing that the defendant
12 has at all times complied with the terms and conditions upon which he was
13 placed on probation, the court may, if convinced by the showing made that
14 there is no longer cause for continuing the period of probation, and if it be
15 compatible with the public interest, terminate the sentence or set aside the
16 plea of guilty or conviction of the defendant, and finally dismiss the case
17 and discharge the defendant; and this shall apply to the cases in which
18 defendants have been convicted and granted probation by the court before this
19 law goes into effect, as well as to cases which arise thereafter. The final
20 dismissal of the case as herein provided shall have the effect of restoring
21 the defendant to his civil rights.
22 (2). If sentence has been imposed but suspended during the first one hun-
23 dred and eighty (180) days of a sentence to the custody of the state board of
24 correction, and the defendant placed upon probation as provided in subsection
25 4. of section 19-2601, Idaho Code, upon application of the defendant, the
26 prosecuting attorney, or upon the court's own motion, and upon satisfactory
27 showing that the defendant has at all times complied with the terms and condi-
28 tions of his probation, the court may amend the judgment of conviction from a
29 term in the custody of the state board of correction to "confinement in a
30 penal facility" for the number of days served prior to suspension, and the
31 amended judgment may be deemed to be a misdemeanor conviction.
32 (3). Subsection (2) of this section shall not apply to any judgment of
33 conviction for a violation of the provisions of sections 18-1506, 18-1507 or
34 18-1508 any offense requiring sex offender registration as set forth in sec-
35 tion 18-8304, Idaho Code. A judgment of conviction for a violation of the pro-
36 visions of any section listed in this subsection any offense requiring sex
37 offender registration as set forth in section 18-8304, Idaho Code, shall not
38 be expunged from a person's criminal record subject to dismissal or reduction
39 under this section. A conviction for the purposes of this chapter means that
40 the person has pled guilty or has been found guilty, notwithstanding the form
41 of the judgment or withheld judgment.
STATEMENT OF PURPOSE
RS15656
The purpose of this act is to update subsection 3 to except all
offenses requiring sexual offender registration as set forth in
Idaho Code 18-8304 from the dismissal or reduction of
conviction provisions of subsections 1 and 2 of the act. The act
presently only prohibits judicial dismissal or reduction of the
conviction to a misdemeanor for sexual offenders convicted of
sexual abuse of a child under the age of sixteen (16) years,
Idaho Code 18-1506, sexual exploitation of a child, Idaho Code
18-1507, and lewd conduct with a minor child under sixteen
(16), Idaho Code 18-1508. Sexual offenders are often compliant
with probation conditions but continue to present a significant
risk of recidivism. Efforts of law enforcement agencies to
protect their communities by identifying past offenders, conduct
investigations, and quickly apprehend the offender who commits a
successive sexual offense, are impaired so long as some sexual
offenders are able to have their convictions dismissed or reduced
to a misdemeanor. This amendment will assist law enforcement in
the protection of children and other potential victims and afford
a much-needed added measure of protection to Idaho citizens.
FISCAL NOTE
This bill has no fiscal impact.
Contact
Name: William A. von Tagen
Office of the Attorney General
Phone: 334-4140
STATEMENT OF PURPOSE / FISCAL NOTE S 1304