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H0020aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
DOMESTIC RELATIONS - Adds to existing law relating to domestic relations to
provide for the appointment of supervised access providers; to provide that
qualifications and duties shall be specified by Supreme Court rule; to
require criminal history checks for certain providers; and to provide that
all background checks shall be maintained in the office of the Idaho
Supreme Court.
01/16 House intro - 1st rdg - to printing
01/17 Rpt prt - to Jud
01/26 Rpt out - rec d/p - to 2nd rdg
01/29 2nd rdg - to 3rd rdg
01/30 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Bock,
Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
Ringo, Roberts, Ruchti, Rusche, Sayler, Shepherd(2), Shepherd(8),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Barrett, Block, Eskridge, Schaefer
Floor Sponsor - Boe
Title apvd - to Senate
01/31 Senate intro - 1st rdg - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/16 To 14th Ord
02/26 Rpt out amen - to 1st rdg as amen
02/27 1st rdg - to 2nd rdg as amen
02/28 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Burkett
Title apvd - to House
03/05 House concurred in Senate amens - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Snodgrass, Stevenson,
Thayn, Vander Woude, Wills, Wood(27), Mr. Speaker
NAYS -- None
Absent and excused -- Kren, Smith(24), Trail, Wood(35)
Floor Sponsor - Boe
Title apvd - to enrol
03/12 Rpt enrol - Sp signed
03/13 Pres signed
03/14 To Governor
03/20 Governor signed
Session Law Chapter 106
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 20
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC RELATIONS; AMENDING CHAPTER 7, TITLE 32, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 32-717E, IDAHO CODE, TO PROVIDE FOR THE
4 APPOINTMENT OF SUPERVISED ACCESS PROVIDERS, TO PROVIDE THAT QUALIFICATIONS
5 AND DUTIES SHALL BE SPECIFIED BY SUPREME COURT RULE, TO REQUIRE CRIMINAL
6 HISTORY CHECKS AND TO PROVIDE THAT ALL BACKGROUND CHECKS SHALL BE MAIN-
7 TAINED IN THE OFFICE OF THE IDAHO SUPREME COURT.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 7, Title 32, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 32-717E, Idaho Code, and to read as follows:
12 32-717E. SUPERVISED ACCESS PROVIDERS -- RECORD CHECKS. In cases in which
13 a court has ordered that contact between a person and one (1) or more children
14 shall take place only in the presence of an approved provider, or where the
15 court has ordered supervised exchanges or transfers of one (1) or more chil-
16 dren, the court may appoint an individual or entity as a supervised access
17 provider to provide such supervised access or to facilitate such exchanges or
18 transfers. The qualifications and duties of supervised access providers shall
19 be as specified in rules adopted by the supreme court. A supervised access
20 provider, prior to acting in such capacity, and at his or her own cost, shall
21 submit to a fingerprint-based criminal history check through any law enforce-
22 ment office in the state providing such service. The criminal history check
23 shall include a statewide criminal identification bureau check, federal bureau
24 of investigation criminal history check, child abuse registry check, adult
25 protection registry check and statewide sex offender registry check. A record
26 of all background checks shall be maintained in the office of the supreme
27 court of the state of Idaho.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Burkett
Seconded by Darrington
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 20
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete line 20 and insert: "provider who is
3 paid for providing supervised access services shall, prior to acting in such
4 capacity and at his or her own cost,".
5 CORRECTION TO TITLE
6 On page 1, in line 6, following "HISTORY CHECKS" insert: "FOR CERTAIN
7 PROVIDERS".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 20, As Amended in the Senate
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC RELATIONS; AMENDING CHAPTER 7, TITLE 32, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 32-717E, IDAHO CODE, TO PROVIDE FOR THE
4 APPOINTMENT OF SUPERVISED ACCESS PROVIDERS, TO PROVIDE THAT QUALIFICATIONS
5 AND DUTIES SHALL BE SPECIFIED BY SUPREME COURT RULE, TO REQUIRE CRIMINAL
6 HISTORY CHECKS FOR CERTAIN PROVIDERS AND TO PROVIDE THAT ALL BACKGROUND
7 CHECKS SHALL BE MAINTAINED IN THE OFFICE OF THE IDAHO SUPREME COURT.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 7, Title 32, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 32-717E, Idaho Code, and to read as follows:
12 32-717E. SUPERVISED ACCESS PROVIDERS -- RECORD CHECKS. In cases in which
13 a court has ordered that contact between a person and one (1) or more children
14 shall take place only in the presence of an approved provider, or where the
15 court has ordered supervised exchanges or transfers of one (1) or more chil-
16 dren, the court may appoint an individual or entity as a supervised access
17 provider to provide such supervised access or to facilitate such exchanges or
18 transfers. The qualifications and duties of supervised access providers shall
19 be as specified in rules adopted by the supreme court. A supervised access
20 provider who is paid for providing supervised access services shall, prior to
21 acting in such capacity and at his or her own cost, submit to a fingerprint-
22 based criminal history check through any law enforcement office in the state
23 providing such service. The criminal history check shall include a statewide
24 criminal identification bureau check, federal bureau of investigation criminal
25 history check, child abuse registry check, adult protection registry check and
26 statewide sex offender registry check. A record of all background checks shall
27 be maintained in the office of the supreme court of the state of Idaho.
STATEMENT OF PURPOSE
RS 16611
This bill would enact a new statute requiring
background checks, including criminal history checks, for
supervised access providers. Pursuant to rules adopted by
the Supreme Court, the courts appoint supervised access
providers in cases, other than those under the Child
Protective Act and Juvenile Corrections Act, in which the
court has ordered that a person may have contact with a
child only by supervised access, or where the court decides
that supervision is appropriate to facilitate the exchange
or transfer of a child. This bill will insure that persons
who perform this sensitive task, involving contact with
children, will be carefully screened before being appointed.
FISCAL NOTE
This bill would have no impact on the general fund.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
(208) 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE H 20