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S1425aaH.............................................by JUDICIARY AND RULES
SEX OFFENDER REGISTRATION - Amends existing law relating to the Sexual
Offender Registration Notification and Community Right-to-Know Act to
exempt from registration requirements certain defendants convicted of
statutory rape.
03/02 Senate intro - 1st rdg - to printing
03/03 Rpt prt - to Jud
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, 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 -- None
Floor Sponsor - Darrington
Title apvd - to House
03/14 House intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 To Gen Ord
03/28 Rpt out amen - to 1st rdg as amen
03/29 1st rdg - to 2nd rdg as amen
03/30 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, 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, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche, Rydalch,
Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Snodgrass, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Crow, McGeachin, Ring, Smylie, Stevenson, Mr.
Speaker
Floor Sponsor - Field(18)
Title apvd - to Senate
03/31 Senate concurred in House amens - to engros
04/03 Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 32-0-3
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
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 -- Fulcher, Gannon, Geddes
Floor Sponsor - Darrington
Title apvd - to enrol
04/04 Rpt enrol - Pres signed - Sp signed
04/05 To Governor
04/10 Governor signed
Session Law Chapter 408
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1425
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-
3 TO-KNOW ACT; AMENDING SECTION 18-8304, IDAHO CODE, TO EXEMPT FROM REPORT-
4 ING REQUIREMENTS CERTAIN DEFENDANTS CONVICTED OF STATUTORY RAPE AND TO
5 MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 18-8304, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-8304. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
10 apply to any person who:
11 (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a
12 solicitation, or a conspiracy to commit a crime provided for in section
13 18-909 (assault with attempt to commit rape, infamous crime against
14 nature, or lewd and lascivious conduct with a minor, but excluding mayhem,
15 murder or robbery), 18-911 (battery with attempt to commit rape, infamous
16 crime against nature, or lewd and lascivious conduct with a minor, but
17 excluding mayhem, murder or robbery), 18-1506 (sexual abuse of a child
18 under sixteen years of age), 18-1506A (ritualized abuse of a child),
19 18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually
20 exploitative material for other than a commercial purpose), 18-1508 (lewd
21 conduct with a minor child), 18-1508A (sexual battery of a minor child
22 sixteen or seventeen years of age), 18-1509A (enticing a child over the
23 internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116
24 (indecent exposure, but excluding a misdemeanor conviction), 18-4502
25 (first degree kidnapping committed for the purpose of rape, committing the
26 infamous crime against nature or for committing any lewd and lascivious
27 act upon any child under the age of sixteen, or for purposes of sexual
28 gratification or arousal), 18-4503 (second degree kidnapping where the
29 victim is an unrelated minor child), 18-6101 (rape, but excluding 18-6101
30 (1). where the defendant is eighteen years of age or younger or where the
31 defendant is exempted under subsection (4) of this section), 18-6108 (male
32 rape), 18-6110 (sexual contact with a prisoner), 18-6602 (incest), 18-6605
33 (crime against nature), 18-6608 (forcible sexual penetration by use of a
34 foreign object), or upon a second or subsequent conviction under 18-6609,
35 Idaho Code (video voyeurism).
36 (b) On or after July 1, 1993, has been convicted of any crime, an
37 attempt, a solicitation or a conspiracy to commit a crime in another
38 state, territory, commonwealth, or other jurisdiction of the United
39 States, including tribal courts and military courts, that is substantially
40 equivalent to the offenses listed in subsection (1)(a) of this section and
41 enters the state to establish permanent or temporary residence.
42 (c) Has been convicted of any crime, an attempt, a solicitation or a con-
43 spiracy to commit a crime in another state, territory, commonwealth, or
2
1 other jurisdiction of the United States, including tribal courts and mili-
2 tary courts, that is substantially equivalent to the offenses listed in
3 subsection (1)(a) of this section and was required to register as a sex
4 offender in any other state or jurisdiction when he established permanent
5 or temporary residency in Idaho.
6 (d) Pleads guilty to or has been found guilty of a crime covered in this
7 chapter prior to July 1, 1993, and the person, as a result of the offense,
8 is incarcerated in a county jail facility or a penal facility or is under
9 probation or parole supervision, on or after July 1, 1993.
10 (e) Is a nonresident regularly employed or working in Idaho or is a stu-
11 dent in the state of Idaho and was convicted, found guilty or pleaded
12 guilty to a crime covered by this chapter and, as a result of such convic-
13 tion, finding or plea, is required to register in his state of residence.
14 (2) The provisions of this chapter shall not apply to any such person
15 while the person is incarcerated in a correctional institution of the depart-
16 ment of correction, a county jail facility or committed to a mental health
17 institution of the department of health and welfare.
18 (3) A conviction for purposes of this chapter means that the person has
19 pled guilty or has been found guilty, notwithstanding the form of the judgment
20 or withheld judgment.
21 (4) On or after July 1, 2006, when a defendant is convicted of rape under
22 section 18-6101 1., Idaho Code, and at the time of the offense the defendant
23 is nineteen (19) or twenty (20) years of age and not more than three (3) years
24 older than the victim of the rape, the court may order that the defendant is
25 exempt from the requirements of this chapter upon a finding by the court that:
26 (a) All parties have stipulated to the exemption; or
27 (b) The defendant has demonstrated by clear and convincing evidence that
28 he is not a risk to commit another crime identified in subsection (1) of
29 this section and in the case there were no allegations by the victim of
30 any violation of section 18-6101 2. through 7., Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Field (18)
Seconded by Smith (24)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1425
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 21, delete "On or after July 1,
3 2006, when" and insert: "When".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1425, As Amended in the House
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-
3 TO-KNOW ACT; AMENDING SECTION 18-8304, IDAHO CODE, TO EXEMPT FROM REPORT-
4 ING REQUIREMENTS CERTAIN DEFENDANTS CONVICTED OF STATUTORY RAPE AND TO
5 MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 18-8304, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-8304. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
10 apply to any person who:
11 (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a
12 solicitation, or a conspiracy to commit a crime provided for in section
13 18-909 (assault with attempt to commit rape, infamous crime against
14 nature, or lewd and lascivious conduct with a minor, but excluding mayhem,
15 murder or robbery), 18-911 (battery with attempt to commit rape, infamous
16 crime against nature, or lewd and lascivious conduct with a minor, but
17 excluding mayhem, murder or robbery), 18-1506 (sexual abuse of a child
18 under sixteen years of age), 18-1506A (ritualized abuse of a child),
19 18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually
20 exploitative material for other than a commercial purpose), 18-1508 (lewd
21 conduct with a minor child), 18-1508A (sexual battery of a minor child
22 sixteen or seventeen years of age), 18-1509A (enticing a child over the
23 internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116
24 (indecent exposure, but excluding a misdemeanor conviction), 18-4502
25 (first degree kidnapping committed for the purpose of rape, committing the
26 infamous crime against nature or for committing any lewd and lascivious
27 act upon any child under the age of sixteen, or for purposes of sexual
28 gratification or arousal), 18-4503 (second degree kidnapping where the
29 victim is an unrelated minor child), 18-6101 (rape, but excluding 18-6101
30 (1). where the defendant is eighteen years of age or younger or where the
31 defendant is exempted under subsection (4) of this section), 18-6108 (male
32 rape), 18-6110 (sexual contact with a prisoner), 18-6602 (incest), 18-6605
33 (crime against nature), 18-6608 (forcible sexual penetration by use of a
34 foreign object), or upon a second or subsequent conviction under 18-6609,
35 Idaho Code (video voyeurism).
36 (b) On or after July 1, 1993, has been convicted of any crime, an
37 attempt, a solicitation or a conspiracy to commit a crime in another
38 state, territory, commonwealth, or other jurisdiction of the United
39 States, including tribal courts and military courts, that is substantially
40 equivalent to the offenses listed in subsection (1)(a) of this section and
41 enters the state to establish permanent or temporary residence.
42 (c) Has been convicted of any crime, an attempt, a solicitation or a con-
43 spiracy to commit a crime in another state, territory, commonwealth, or
2
1 other jurisdiction of the United States, including tribal courts and mili-
2 tary courts, that is substantially equivalent to the offenses listed in
3 subsection (1)(a) of this section and was required to register as a sex
4 offender in any other state or jurisdiction when he established permanent
5 or temporary residency in Idaho.
6 (d) Pleads guilty to or has been found guilty of a crime covered in this
7 chapter prior to July 1, 1993, and the person, as a result of the offense,
8 is incarcerated in a county jail facility or a penal facility or is under
9 probation or parole supervision, on or after July 1, 1993.
10 (e) Is a nonresident regularly employed or working in Idaho or is a stu-
11 dent in the state of Idaho and was convicted, found guilty or pleaded
12 guilty to a crime covered by this chapter and, as a result of such convic-
13 tion, finding or plea, is required to register in his state of residence.
14 (2) The provisions of this chapter shall not apply to any such person
15 while the person is incarcerated in a correctional institution of the depart-
16 ment of correction, a county jail facility or committed to a mental health
17 institution of the department of health and welfare.
18 (3) A conviction for purposes of this chapter means that the person has
19 pled guilty or has been found guilty, notwithstanding the form of the judgment
20 or withheld judgment.
21 (4) When a defendant is convicted of rape under section 18-6101 1., Idaho
22 Code, and at the time of the offense the defendant is nineteen (19) or twenty
23 (20) years of age and not more than three (3) years older than the victim of
24 the rape, the court may order that the defendant is exempt from the require-
25 ments of this chapter upon a finding by the court that:
26 (a) All parties have stipulated to the exemption; or
27 (b) The defendant has demonstrated by clear and convincing evidence that
28 he is not a risk to commit another crime identified in subsection (1) of
29 this section and in the case there were no allegations by the victim of
30 any violation of section 18-6101 2. through 7., Idaho Code.
STATEMENT OF PURPOSE
RS 16129
The purpose of this legislation is to allow an exemption for
people accused of statutory rape to avoid the sex offender
registry. The exemption would only apply to defendants nineteen
or twenty years of age who are not more than three years older
than the victim.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Senator Denton Darrington
Phone: (208) 332-1317
Name: Representative Debbie Field
Phone: (208) 332-1127
STATEMENT OF PURPOSE/FISCAL NOTE S 1425