2006 Legislation
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SENATE BILL NO. 1304 – Sex offenders, judgment not amended


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Bill Status

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

Bill Text

  ]]]]              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
  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 / Fiscal Impact

                      STATEMENT OF PURPOSE

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.

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

STATEMENT OF PURPOSE / FISCAL NOTE                       S 1304