Print Friendly SENATE BILL NO. 1312 – Sex offenders, pnlty, registratn
SENATE BILL NO. 1312
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
S1312................................................by JUDICIARY AND RULES
SEX OFFENDERS - Amends existing law relating to crimes and punishments to
increase penalties for specified crimes; to revise sexual offender
registration requirements; to revise provisions applicable to verification
of sex offender addresses; to revise provisions applicable to name and
address changes of sexual offenders; and to increase penalties for sexual
offenders who fail to meet registration, address verification and notice
01/26 Senate intro - 1st rdg - to printing
01/27 Rpt prt - to Jud
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Keough
Floor Sponsors - Darrington, Goedde, Broadsword & McGee
Title apvd - to House
02/23 House intro - 1st rdg - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barraclough, Barrett, Bayer, Bedke, Bell,
Bilbao, Block, 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, McKague, Miller, Mitchell, Moyle, Nonini, Pasley-Stuart,
Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- None
Absent and excused -- Bastian, Black, Crow, Nielsen, Snodgrass, Wood
Floor Sponsor - Clark
Title apvd - to Senate
03/17 To enrol
03/20 Rpt enrol - Pres signed - Sp signed
03/21 To Governor
03/24 Governor signed
Session Law Chapter 178
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1312
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-910, IDAHO CODE, TO
3 INCREASE THE PENALTY FOR ASSAULT WITH INTENT TO COMMIT A SERIOUS FELONY;
4 AMENDING SECTION 18-912, IDAHO CODE, TO INCREASE THE PENALTY FOR BATTERY
5 WITH INTENT TO COMMIT A SERIOUS FELONY; AMENDING SECTION 18-1506, IDAHO
6 CODE, TO INCREASE THE PENALTY FOR SEXUAL ABUSE OF A CHILD UNDER AGE SIX-
7 TEEN; AMENDING SECTION 18-1506A, IDAHO CODE, TO INCREASE THE PENALTY FOR
8 RITUALIZED ABUSE OF A CHILD AND TO MAKE A TECHNICAL CORRECTION; AMENDING
9 SECTION 18-1507, IDAHO CODE, TO INCREASE THE PENALTY FOR SEXUAL EXPLOITA-
10 TION OF A CHILD AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
11 18-1507A, IDAHO CODE, TO INCREASE THE PENALTY FOR POSSESSION OF SEXUALLY
12 EXPLOITATIVE MATERIAL FOR OTHER THAN A COMMERCIAL PURPOSE; AMENDING SEC-
13 TION 18-1508A, IDAHO CODE, TO INCREASE THE PENALTY FOR SEXUAL BATTERY OF A
14 MINOR CHILD SIXTEEN OR SEVENTEEN YEARS OF AGE; AMENDING SECTION 18-4116,
15 IDAHO CODE, TO REVISE THE PENALTY FOR INDECENT EXPOSURE; AMENDING SECTION
16 18-6602, IDAHO CODE, TO INCREASE THE PENALTY FOR INCEST; AMENDING SECTION
17 18-8307, IDAHO CODE, TO REVISE SEXUAL OFFENDER REGISTRATION REQUIREMENTS;
18 AMENDING SECTION 18-8308, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO
19 VERIFICATION OF SEX OFFENDER ADDRESSES; AMENDING SECTION 18-8309, IDAHO
20 CODE, TO REVISE PROVISIONS APPLICABLE TO NAME AND ADDRESS CHANGES OF SEX-
21 UAL OFFENDERS; AMENDING SECTION 18-8311, IDAHO CODE, TO INCREASE PENALTIES
22 FOR SEXUAL OFFENDERS WHO FAIL TO MEET REGISTRATION, ADDRESS VERIFICATION
23 AND NOTICE REQUIREMENTS; AND DECLARING AN EMERGENCY.
24 Be It Enacted by the Legislature of the State of Idaho:
25 SECTION 1. That Section 18-910, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 18-910. ASSAULT WITH THE INTENT TO COMMIT A SERIOUS FELONY -- PUNISH-
28 MENT. An assault with the intent to commit a serious felony is punishable by
29 imprisonment in the state prison not to exceed ten fifteen (1 05) years.
30 SECTION 2. That Section 18-912, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 18-912. BATTERY WITH THE INTENT TO COMMIT A SERIOUS FELONY -- PUNISHMENT.
33 A battery with the intent to commit a serious felony is punishable by impris-
34 onment in the state prison not to exceed fifteen twenty ( 1520) years.
35 SECTION 3. That Section 18-1506, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 18-1506. SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SIXTEEN YEARS. (1) It
38 is a felony for any person eighteen (18) years of age or older, with the
39 intent to gratify the lust, passions, or sexual desire of the actor, minor
1 child or third party, to:
2 (a) solicit a minor child under the age of sixteen (16) years to partici-
3 pate in a sexual act, or
4 (b) cause or have sexual contact with such minor child, not amounting to
5 lewd conduct as defined in section 18-1508, Idaho Code, or
6 (c) make any photographic or electronic recording of such minor child.
7 (2) For the purposes of this section "solicit" means any written, verbal,
8 or physical act which is intended to communicate to such minor child the
9 desire of the actor or third party to participate in a sexual act or partici-
10 pate in sexual foreplay, by the means of sexual contact, photographing or
11 observing such minor child engaged in sexual contact.
12 (3) For the purposes of this section "sexual contact" means any physical
13 contact between such minor child and any person, which is caused by the actor,
14 or the actor causing such minor child to have self contact.
15 (4) Any person guilty of a violation of the provisions of this section
16 shall be imprisoned in the state prison for a period not to exceed fifteen
17 twenty-five ( 125) years.
18 SECTION 4. That Section 18-1506A, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 18-1506A. RITUALIZED ABUSE OF A CHILD -- EXCLUSIONS -- PENALTIES -- DEFI-
21 NITION. (1) A person is guilty of a felony when he commits any of the follow-
22 ing acts with, upon, or in the presence of a child as part of a ceremony, rite
23 or any similar observance:
24 (a) Actually or in simulation, tortures, mutilates or sacrifices any
25 warm-blooded animal or human being;
26 (b) Forces ingestion, injection or other application of any narcotic,
27 drug, hallucinogen or anaesthetic for the purpose of dulling sensitivity,
28 cognition, recollection of, or resistance to any criminal activity;
29 (c) Forces ingestion, or external application, of human or animal urine,
30 feces, flesh, blood, bones, body secretions, nonprescribed drugs or chemi-
31 cal compounds;
32 (d) Involves the child in a mock, unauthorized or unlawful marriage cere-
33 mony with another person or representation of any force or diety deity,
34 followed by sexual contact with the child;
35 (e) Places a living child into a coffin or open grave containing a human
36 corpse or remains;
37 (f) Threatens death or serious harm to a child, his parents, family, pets
38 or friends which instills a well-founded fear in the child that the threat
39 will be carried out; or
40 (g) Unlawfully dissects, mutilates, or incinerates a human corpse.
41 (2) The provisions of this section shall not be construed to apply to:
42 (a) Lawful agricultural, animal husbandry, food preparation or wild game
43 hunting and fishing practices and specifically the branding or identifica-
44 tion of livestock;
45 (b) The lawful medical practice of circumcision or any ceremony related
46 thereto; or
47 (c) Any state or federally approved, licensed or funded research project.
48 (3) The penalty upon conviction of a first offense shall be imprisonment
49 in the state prison for a term of not to exceed fifteen (15) years. Upon con-
50 viction of a second or subsequent offense, the penalty Any person convicted of
51 a violation of this section shall be imprisoned in the state prison for a term
52 of not more than life. imprisonment.
53 (4) For the purposes of this section, "child" means any person under
1 eighteen (18) years of age.
2 SECTION 5. That Section 18-1507, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 18-1507. SEXUAL EXPLOITATION OF A CHILD. (1) The legislature hereby finds
5 and declares that the commercial sexual exploitation of children constitutes a
6 wrongful invasion of the child's right of privacy and results in social,
7 developmental, and emotional injury to the child; that a child below the age
8 of eighteen (18) years is incapable of giving informed consent to the use of
9 his or her body for a commercial purpose; and that to protect children from
10 commercial sexual exploitation it is necessary to prohibit the production for
11 trade or commerce of material which involves or is derived from such exploita-
12 tion and to exclude all such material from the channels of trade and commerce.
13 (2) As used in this section, unless the context otherwise requires:
14 (a) "Bestiality" means a sexual connection in any manner between a human
15 being and any animal.
16 (b) "Child" means a person who is less than eighteen (18) years of age.
17 (c) "Commercial purpose" means the intention, objective, anticipation, or
18 expectation of monetary gain or other material consideration, compensa-
19 tion, remuneration, or profit.
20 (d) "Erotic fondling" means touching a person's clothed or unclothed
21 genitals or pubic area, developing or undeveloped genitals or pubic area
22 (if the person is a child), buttocks, breasts (if the person is a female),
23 or developing or undeveloped breast area (if the person is a female
24 child), for the purpose of real or simulated overt sexual gratification or
25 stimulation of one (1) or more of the persons involved. "Erotic fondling"
26 shall not be construed to include physical contact, even if affectionate,
27 which is not for the purpose of real or simulated overt sexual gratifica-
28 tion or stimulation of one (1) or more of the persons involved.
29 (e) "Erotic nudity" means the display of the human male or female
30 genitals or pubic area, the undeveloped or developing genitals or pubic
31 area of the human male or female child, the human female breasts, or the
32 undeveloped or developing breast area of the human female child, for the
33 purpose of real or simulated overt sexual gratification or stimulation of
34 one (1) or more of the persons involved.
35 (f) "Explicit sexual conduct" means sexual intercourse, erotic fondling,
36 erotic nudity, masturbation, sadomasochism, sexual excitement, or bestial-
38 (g) "Masturbation" means the real or simulated touching, rubbing, or
39 otherwise stimulating of a person's own clothed or unclothed genitals or
40 pubic area, developing or undeveloped genitals or pubic area (if the per-
41 son is a child), buttocks, breasts (if the person is a female), or devel-
42 oping or undeveloped breast area (if the person is a female child), by
43 manual manipulation or self-induced or with an artificial instrument, for
44 the purpose of real or simulated overt sexual gratification or arousal of
45 the person.
46 (h) "Sadomasochism" means:
47 1.(i) Real or simulated flagellation or torture for the purpose of
48 real or simulated sexual stimulation or gratification; or
49 2.(ii) The real or simulated condition of being fettered, bound, or
50 otherwise physically restrained for sexual stimulation or gratifica-
51 tion of a person.
52 (i) "Sexual excitement" means the real or simulated condition of human
53 male or female genitals when in a state of real or simulated overt sexual
1 stimulation or arousal.
2 (j) "Sexual intercourse" means real or simulated intercourse, whether
3 genital-genital, oral-genital, anal-genital, or oral-anal, between persons
4 of the same or opposite sex, or between a human and an animal, or with an
5 artificial genital.
6 (k) "Sexually exploitative material" means any photograph, motion pic-
7 ture, videotape, print, negative, slide, or other mechanically,
8 electronically, or chemically reproduced visual material which depicts a
9 child engaged in, participating in, observing, or being used for explicit
10 sexual conduct.
11 (3) A person commits sexual exploitation of a child if, for any commer-
12 cial purpose, he knowingly:
13 (a) Causes, induces, or permits a child to engage in, or be used for, any
14 explicit sexual conduct; or
15 (b) Prepares, arranges for, publishes, produces, promotes, makes, sells,
16 finances, offers, exhibits, advertises, deals in, possesses, or distrib-
17 utes any sexually exploitative material.
18 (4) The possession by any person of three (3) or more identical copies of
19 any sexually exploitative material shall create a presumption that such pos-
20 session is for a commercial purpose.
21 (5) The sexual exploitation of a child is a felony and shall be punish-
22 able by imprisonment in the state prison for a period term not to exceed fif-
23 teen thirty ( 1530) years or by a fine not to exceed twenty-five fifty thousand
24 dollars ($ 250,000) or by both such fine and imprisonment.
25 (6) If any provision of this section or the application thereof to any
26 person or circumstance s is held invalid, such invalidity shall not affect
27 other provisions or applications of this section which can be given effect
28 without the invalid provision or application, and to this end the provisions
29 of this section are declared to be severable.
30 SECTION 6. That Section 18-1507A, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 18-1507A. POSSESSION OF SEXUALLY EXPLOITATIVE MATERIAL FOR OTHER THAN A
33 COMMERCIAL PURPOSE -- PENALTY. (1) It is the policy of the legislature in
34 enacting this section to protect children from the physical and psychological
35 damage caused by their being used in photographic representations of sexual
36 conduct which involves children. It is, therefore, the intent of the legisla-
37 ture to penalize possession of photographic representations of sexual conduct
38 which involves children in order to protect the identity of children who are
39 victimized by involvement in the photographic representations, and to protect
40 children from future involvement in photographic representations of sexual
42 (2) Every person who knowingly and willfully has in his possession any
43 sexually exploitative material as defined in section 18-1507, Idaho Code, for
44 other than a commercial purpose, is guilty of a felony, and shall be punished
45 by imprisonment in the state prison for a period not to exceed five ten ( 510)
46 years and by a fine not to exceed five ten thousand dollars ($ 510,000).
47 SECTION 7. That Section 18-1508A, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 18-1508A. SEXUAL BATTERY OF A MINOR CHILD SIXTEEN OR SEVENTEEN YEARS OF
50 AGE -- PENALTY. (1) It is a felony for any person at least five (5) years of
51 age older than a minor child who is sixteen (16) or seventeen (17) years of
1 age, who, with the intent of arousing, appealing to or gratifying the lust,
2 passion, or sexual desires of such person, minor child, or third party, to:
3 (a) Commit any lewd or lascivious act or acts upon or with the body or
4 any part or any member thereof of such minor child including, but not lim-
5 ited to, genital-genital contact, oral-genital contact, anal-genital con-
6 tact, oral-anal contact, manual-anal contact or manual-genital contact,
7 whether between persons of the same or opposite sex, or who shall involve
8 such minor child in any act of explicit sexual conduct as defined in sec-
9 tion 18-1507, Idaho Code; or
10 (b) Solicit such minor child to participate in a sexual act; or
11 (c) Cause or have sexual contact with such minor child, not amounting to
12 lewd conduct as defined in paragraph (a) of this subsection; or
13 (d) Make any photographic or electronic recording of such minor child.
14 (2) For the purpose of subsection (b) of this section, "solicit" means
15 any written, verbal or physical act which is intended to communicate to such
16 minor child the desire of the actor or third party to participate in a sexual
17 act or participate in sexual foreplay, by the means of sexual contact,
18 photographing or observing such minor child engaged in sexual contact.
19 (3) For the purpose of this section, "sexual contact" means any physical
20 contact between such minor child and any person or between such minor children
21 which is caused by the actor, or the actor causing such minor child to have
22 self contact.
23 (4) Any person guilty of a violation of the provisions of subsection
24 (1)(a) of this section shall be imprisoned in the state prison for a period
25 not to exceed life.
26 (5) Any person guilty of a violation of the provisions of subsections
27 (1)(b), (1)(c), or (1)(d) of this section shall be imprisoned in the state
28 prison for a period not to exceed fifteen twenty-five ( 125) years.
29 SECTION 8. That Section 18-4116, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 18-4116. INDECENT EXPOSURE. Every person who willfully and lewdly,
33 (1) Exposes his or her genitals, in any public place, or in any place
34 where there is present another person or persons who are offended or annoyed
35 thereby; or,
36 (2) Procures, counsels, or assists any person so to expose his or her
37 genitals, where there is present another person or persons who are offended or
38 annoyed thereby is guilty of a misdemeanor.
39 Any person who pleads guilty to or is found guilty of a violation of sub-
40 section (1) or (2) of this section or a similar statute in another state or
41 any local jurisdiction for a second time within five (5) years, notwithstand-
42 ing the form of the judgment(s) or withheld judgment(s), is guilty of a felony
43 and shall be imprisoned in the state prison for a period not to exceed ten
44 (10) years.
45 SECTION 9. That Section 18-6602, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 18-6602. INCEST. Persons being within the degrees of consanguinity within
48 which marriages are declared by law to be incestuous and void, who intermarry
49 with each other, or who commit fornication or adultery with each other, are
50 punishable by imprisonment in the state prison for a term not exceeding
51 twenty-five (25) years to exceed life.
1 SECTION 10. That Section 18-8307, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 18-8307. INITIAL REGISTRATION. (1) Registration , whether initial, local
4 or annual, shall consist of a form provided by the department and approved by
5 the attorney general, which shall be signed by the offender and shall require
6 the following information about the offender:
7 (a) Name and all aliases which the person has used or under which the
8 person has been known;
9 (b) A complete description of the person including the date of birth and
10 social security number;
11 (c) Name of each offense enumerated in section 18-8304, Idaho Code, of
12 which the person was convicted, where each offense was committed, where
13 the person was convicted of each offense, and the name under which the
14 person was convicted of each offense;
15 (d) The name and location of each hospital, jail or penal institution to
16 which the person was committed for each offense covered under this chap-
18 (e) School or college enrollment; and
19 (f) Address or physical description of current residence and place of
21 (2) At the time of any registration, the sheriff shall obtain a photo-
22 graph and fingerprints, in a manner approved by the department, and may
23 require the offender to provide full palm print impressions of each hand. An
24 offender A violent sexual predator shall pay a fee of ten dollars ($10.00) to
25 the sheriff at the time of each per registration. All other offenders shall
26 pay an annual fee of forty dollars ($40.00) to the sheriff for registration.
27 The sheriff may waive the registration fee if the violent sexual predator or
28 other offender demonstrates indigency. The fees collected under this section
29 shall be used by the sheriff to defray the costs of violent sexual predator
30 and other sexual offender registration and verification under section 18-8308,
31 Idaho Code.
32 (3) The sheriff shall forward the completed and signed form, photograph
33 and fingerprints to the department within three (3) working days of the regis-
35 (a) The official conducting the initial registration shall ensure that
36 the notification form is complete and that the offender has read and
37 signed the form.
38 (b) No person subject to registration shall furnish false or misleading
39 information when complying with registration and notification requirements
40 of this chapter.
41 (4) (a) Within ten two ( 102) working days of coming into any county to
42 establish permanent or temporary residence, an offender shall register
43 with the sheriff of the county. The offender thereafter shall update the
44 registration register annually, unless the offender is designated as a
45 violent sexual predator, in which case the offender shall register with
46 the sheriff every three (3) months as provided in this section. If the
47 offender intends to reside in another state, the offender shall register
48 in the other state within ten (10) days of moving to that state.
49 (b) A nonresident required to register pursuant to section 18-8304(1)(e),
50 Idaho Code, shall register with the sheriff of the county where employed
51 or enrolled as a student within ten two ( 102) working days of the com-
52 mencement of employment or enrollment as a student in an educational
53 institution, provided that nonresidents employed in counseling, coaching,
54 teaching, supervising or working with minors in any way, regardless of the
1 period of employment, must register prior to the commencement of such
3 (5) Annual rRegistration shall be conducted as follows:
4 (a) On or about the first day of the month containing the anniversary
5 date of the last registration which required fingerprints and a photo-
6 graph, For violent sexual predators the department shall mail a
7 nonforwardable notice of annual registration to the offender's last
8 reported address within three (3) months following the last registration;
9 (b) For all other sex offenders the department shall mail an annual,
10 nonforwardable notice of registration to the offender's last reported
12 (c) Within ten five ( 105) days of the mailing date of the notice, the
13 offender shall appear in person at the office of the sheriff with juris-
14 diction for the purpose of completing the registration process;
15 ( cd) If the notice is returned to the department as not delivered, the
16 department shall inform the sheriff with whom the offender last registered
17 of the returned notice.
18 (6) The sheriff, or appointed deputies, may visit the residence of a reg-
19 istered sexual offender within the county at any reasonable time to verify the
20 address provided at the time of registration.
21 (7) All written notifications of duty to register as provided herein
22 shall include a warning that it is a felony as provided in section 18-8327,
23 Idaho Code, for an offender to accept employment in any day care center, group
24 day care facility or family day care home, as those terms are defined in chap-
25 ter 11, title 39, Idaho Code, or to be upon or to remain on the premises of a
26 day care center, group day care facility or family day care home while chil-
27 dren are present, other than to drop off or pick up the offender's child or
29 SECTION 11. That Section 18-8308, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 18-8308. VERIFICATION OF ADDRESS. OF VIOLENT SEXUAL PREDATOR. (1) Violent
32 sexual predators. The address or physical residence of an offender designated
33 as a violent sexual predator shall be verified by the department every ninety
34 (90) days between annual registrations.
35 ( 2a) The procedure for verification shall be as follows:
36 ( ai) The department shall mail a nonforwardable notice of address
37 verification quarterly, every thirty (30) days between annual regis-
38 trations, to each offender designated as a violent sexual predator.
39 ( bii) Each offender designated as a violent sexual predator shall
40 complete, sign and return the notice of address verification form to
41 the department within ten seven ( 107) days of the mailing date of the
42 notice. (c) If the notice of address verification is returned to the
43 department as not delivered, the department shall, within five (5)
44 days, notify the sheriff with whom the offender designated as a vio-
45 lent sexual predator last registered.
46 (iii) The sheriff shall verify the address of the offender by visit-
47 ing the offender's residence once every six (6) months or, if the
48 offender fails to comply with the provisions of paragraph (a)(ii) of
49 this subsection, at any reasonable time to verify the address pro-
50 vided at registration.
51 (2) All other sexual offenders. The address or physical residence of any
52 sex offender not designated as a violent sexual predator shall be verified by
53 the department between registrations.
1 (a) The procedure for verification shall be as follows:
2 (i) The department shall mail a nonforwardable notice of address
3 verification every four (4) months between annual registrations.
4 (ii) Each offender shall complete, sign and return the notice of
5 address verification form to the department within seven (7) days of
6 the mailing date of the notice. If the notice of address verification
7 is returned as not delivered, the department shall notify the sheriff
8 within five (5) days and the sheriff shall visit the residence of the
9 registered offender at any reasonable time to verify the address pro-
10 vided at registration.
11 SECTION 12. That Section 18-8309, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 18-8309. CHANGE OF ADDRESS OR NAME. (1) If an offender changes address or
14 actual residence, the offender shall provide written notice of the new address
15 within five two ( 52) working days after the change to the sheriff of the
16 county where the offender is required to register. The notice shall be on a
17 form provided by the department. Within three (3) working days after receipt
18 of the notice, the sheriff shall forward a copy of the notice to the depart-
20 (2) If an offender changes address to another state, the offender shall
21 provide written notice of the new address within five (5) working days after
22 the change to the department.
23 (3) An offender whose legal name is changed by marriage, judicial order
24 or any other means shall provide written notice of the name change to the
25 sheriff and the department within five two ( 52) working days of the order,
26 event or other occurrence.
27 SECTION 13. That Section 18-8311, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 18-8311. PENALTIES. (1) An offender subject to registration who fails to
30 register, verify his address, or provide any notice as required by this chap-
31 ter shall be guilty of a felony and shall be punished by imprisonment in the
32 state prison system for a period not to exceed five ten ( 510) years and by a
33 fine not to exceed five thousand dollars ($5,000). If the offender is on pro-
34 bation or other supervised release or suspension from incarceration at the
35 time of the violation, the probation or supervised release or suspension shall
36 be revoked and the penalty for violating this chapter shall be served consecu-
37 tively to the offender's original sentence.
38 (2) An offender subject to registration under this chapter, who willfully
39 provides false or misleading information in the registration required, shall
40 be guilty of a felony and shall be punished by imprisonment in a state prison
41 for a period not to exceed five ten ( 510) years and a fine not to exceed five
42 thousand dollars ($5,000).
43 (3) An offender subject to registration under this chapter, who willfully
44 evades service of the board's notice pursuant to section 18-8319, Idaho Code,
45 shall be guilty of a felony and shall be punished by imprisonment in a state
46 prison for a period not to exceed five ten ( 510) years and a fine not to
47 exceed five thousand dollars ($5,000).
48 SECTION 14. An emergency existing therefor, which emergency is hereby
49 declared to exist, this act shall be in full force and effect on and after its
50 passage and approval.
STATEMENT OF PURPOSE
This legislation is a result of recommendations made by the
Governor's Criminal Justice Commission. The legislation closes
several loopholes in current Idaho Code and will enhance public
safety by increasing the registration and address verification
requirements for sex offenders, especially Violent Sexual Predators
(VSPs). In addition, this legislation increases the maximum
penalty for sex offenders who fail to register, and increases the
maximum penalties for several crimes that require sex offender
There is no immediate impact to the General Fund; however, there
could be a potential impact in the future if persons are found
guilty and sentenced under these new statutory provisions.
The Idaho State Police will require dedicated fund spending
authority in the amount of $41,000 to implement the increased
address verification requirements.
There is a proposed increase in the processing fee from $10.00 to
$40.00 to cover local administrative costs. Violent sexual
predators will pay a $10.00 fee for each quarterly registration,
totaling $40.00 for the year.
All other sex offenders will pay $40.00 at the time of their annual
Name: Megan Ronk, Office of the Governor
Senator Denton Darrington
Representative Debbie Field
STATEMENT OF PURPOSE/FISCAL NOTE S1312