2006 Legislation
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SENATE BILL NO. 1425 – Sex offender registration, exmptn

SENATE BILL NO. 1425

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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