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H0382aa,aaS..........................by JUDICIARY, RULES AND ADMINISTRATION
SEX OFFENDERS - Amends existing law relating to adult criminal sex
offenders and access to children in schools to clarify restrictions on
adult criminal sex offenders' access to children in school buildings, on
school grounds and upon other properties posted with a notice that they are
used by a school; to clarify exceptions to prohibited access; and to
provide additional exceptions.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
02/22 Rpt out - to Gen Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
02/28 2nd rdg - to 3rd rdg as amen
02/29 3rd rdg as amen - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(08),
Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
Thayn, Thomas, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Black, Lake, Shepherd(02), Wills
Floor Sponsor - Clark
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to Jud
03/06 Rpt out - to 14th Ord
03/11 Rpt out amen - to 1st rdg as amen
1st rdg - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/13 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(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Darrington
Title apvd - to House
03/14 House concurred in Senate amens - to engros
03/17 Rpt engros - 1st rdg - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, 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, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Trail
Floor Sponsor - Clark
Title apvd - to enrol
03/20 Rpt enrol - Sp signed - Pres signed
03/21 To Governor
03/25 Governor signed
Session Law Chapter 250
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 382 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO ADULT CRIMINAL SEX OFFENDERS AND ACCESS TO CHILDREN IN SCHOOL; 3 AMENDING SECTION 18-8329, IDAHO CODE, TO CLARIFY RESTRICTIONS ON ADULT 4 CRIMINAL SEX OFFENDERS' ACCESS TO CHILDREN IN SCHOOL BUILDINGS, ON SCHOOL 5 GROUNDS AND PROPERTIES USED BY A SCHOOL, TO CLARIFY EXCEPTIONS TO PROHIB- 6 ITED ACCESS AND TO PROVIDE ADDITIONAL EXCEPTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-8329, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-8329. ADULT CRIMINAL SEX OFFENDERS -- PROHIBITED ACCESS TO SCHOOL 11 CHILDREN -- EXCEPTIONS. (1) If a person is currently registered or is required 12 to register under the sex offender registration act as provided in chapter 83, 13 title 18, Idaho Code, it is a misdemeanor for such person to: 14 (a) Be upon or to remain on the premises of any school building or school 15 grounds in this state, including properties used by a school, when the 16 person has reason to believe children under the age of eighteen (18) years 17 are present. 18 (b) Knowingly loiter on a public way within five hundred (500) feet from 19 the property line ofa school building orschool grounds in this state, 20 including properties used by a school, when children under the age of 21 eighteen (18) years are present. 22 (c) Be in any conveyance owned, leased or contracted by a school to 23 transport students to or from school or a school-related activity when 24 children under the age of eighteen (18) years are present in the convey- 25 ance. 26 (d) Reside within five hundred (500) feet of the property on which a 27 school is located, measured from the offender's property line to the 28 school's property line, provided however, that this paragraph (d) shall 29 not apply if such person's residence was established prior to July 1, 30 2006. 31 (2) The provisions of subsections (1)(a) and (1)(b) of this section shall 32 not apply when the person: 33 (a) Is a student in attendance at the school; or 34 (b) Is attending an academic conference or other scheduled extracurricu- 35 lar school event with school officialsaspresent when the offender is a 36 parent or legal guardian of a child whois enrolled in the school andis 37 participating in the conference or extracurricular event. 38 "Extracurricular" means any school-sponsored activity that is outside the 39 regular curriculum, occurring during or outside regular school hours 40 including, but not limited to, academic, artistic, athletic or recre- 41 ational activities; or 42 (c) Resides at a state licensed or certified facility for incarceration, 43 health or convalescent care; or 2 1 (d) Is dropping off or picking up a child or children and the person is 2 the child or children's parent or legal guardian; or 3 (e) Is temporarily on school grounds, during school hours, for the pur- 4 pose of making a mail, food or other delivery; or 5 (f) Is exercising his right to vote in public elections; or 6 (g) Is taking delivery of his mail through an official post office 7 located on school grounds. 8 (3) Nothing in this section shall prevent a school district from adopting 9 more stringent safety and security requirements for employees and nonemployees 10 while they are in district facilities and/or on district properties.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Darrington Seconded by Davis IN THE SENATE SENATE AMENDMENT TO H.B. NO. 382, As Amended 1 AMENDMENT TO SECTION 1 2 On page 2 of the engrossed bill, in line 21, delete "." and insert: "; 3 or"; and following line 21, insert: 4 "(i) Stays at a homeless shelter or resides at a recovery facility if 5 such shelter or facility has been approved for sex offenders by the county 6 sheriff or municipal police chief.". 2 Moved by Hart Seconded by Luker IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 382 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 15, delete ", including properties 3 used by a school," and insert: ", or upon other properties posted with a 4 notice that they are used by a school,"; in line 17, following "present" 5 insert: "and are involved in a school activity or when children are present 6 within thirty (30) minutes before or after a scheduled school activity"; in 7 line 20, following "properties" insert: "posted with a notice that they are"; 8 in line 21, following "present" insert: "and are involved in a school activity 9 or when children are present within thirty (30) minutes before or after a 10 scheduled school activity"; in line 22, delete ", leased or contracted" and 11 insert: ",or leasedor contracted"; in line 27, delete "offender's property 12 line" and insert: "nearest point of the exterior wall of the offender's dwell- 13 ing unit"; and following line 30, insert: 14 "(e) The posted notices required in this subsection (1) shall be at least 15 one hundred (100) square inches, shall make reference to section 18-8329, 16 Idaho Code, shall include the term "registered sex offender" and shall be 17 placed at commonly used entrances to the property. In addition, there 18 shall be at least one (1) notice posted every six hundred sixty (660) feet 19 along the property line.". 20 On page 2, in line 7, following "grounds" delete "." and insert: "; or"; 21 and following line 7, insert: 22 "(h) Has written permission from a school principal, vice-principal, or 23 the equivalent, to be on the school grounds or upon other property posted 24 with a notice that the property is used by a school.". 25 CORRECTION TO TITLE 26 On page 1, in line 5, delete "PROPERTIES" and insert: "UPON OTHER PROPER- 27 TIES POSTED WITH A NOTICE THAT THEY ARE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 382, As Amended, As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO ADULT CRIMINAL SEX OFFENDERS AND ACCESS TO CHILDREN IN SCHOOL; 3 AMENDING SECTION 18-8329, IDAHO CODE, TO CLARIFY RESTRICTIONS ON ADULT 4 CRIMINAL SEX OFFENDERS' ACCESS TO CHILDREN IN SCHOOL BUILDINGS, ON SCHOOL 5 GROUNDS AND UPON OTHER PROPERTIES POSTED WITH A NOTICE THAT THEY ARE USED 6 BY A SCHOOL, TO CLARIFY EXCEPTIONS TO PROHIBITED ACCESS AND TO PROVIDE 7 ADDITIONAL EXCEPTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 18-8329, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 18-8329. ADULT CRIMINAL SEX OFFENDERS -- PROHIBITED ACCESS TO SCHOOL 12 CHILDREN -- EXCEPTIONS. (1) If a person is currently registered or is required 13 to register under the sex offender registration act as provided in chapter 83, 14 title 18, Idaho Code, it is a misdemeanor for such person to: 15 (a) Be upon or to remain on the premises of any school building or school 16 grounds in this state, or upon other properties posted with a notice that 17 they are used by a school, when the person has reason to believe children 18 under the age of eighteen (18) years are present and are involved in a 19 school activity or when children are present within thirty (30) minutes 20 before or after a scheduled school activity. 21 (b) Knowingly loiter on a public way within five hundred (500) feet from 22 the property line ofa school building orschool grounds in this state, 23 including properties posted with a notice that they are used by a school, 24 when children under the age of eighteen (18) years are present and are 25 involved in a school activity or when children are present within thirty 26 (30) minutes before or after a scheduled school activity. 27 (c) Be in any conveyance owned,or leasedor contractedby a school to 28 transport students to or from school or a school-related activity when 29 children under the age of eighteen (18) years are present in the convey- 30 ance. 31 (d) Reside within five hundred (500) feet of the property on which a 32 school is located, measured from the nearest point of the exterior wall of 33 the offender's dwelling unit to the school's property line, provided how- 34 ever, that this paragraph (d) shall not apply if such person's residence 35 was established prior to July 1, 2006. 36 (e) The posted notices required in this subsection (1) shall be at least 37 one hundred (100) square inches, shall make reference to section 18-8329, 38 Idaho Code, shall include the term "registered sex offender" and shall be 39 placed at commonly used entrances to the property. In addition, there 40 shall be at least one (1) notice posted every six hundred sixty (660) feet 41 along the property line. 42 (2) The provisions of subsections (1)(a) and (1)(b) of this section shall 43 not apply when the person: 2 1 (a) Is a student in attendance at the school; or 2 (b) Is attending an academic conference or other scheduled extracurricu- 3 lar school event with school officialsaspresent when the offender is a 4 parent or legal guardian of a child whois enrolled in the school andis 5 participating in the conference or extracurricular event. 6 "Extracurricular" means any school-sponsored activity that is outside the 7 regular curriculum, occurring during or outside regular school hours 8 including, but not limited to, academic, artistic, athletic or recre- 9 ational activities; or 10 (c) Resides at a state licensed or certified facility for incarceration, 11 health or convalescent care; or 12 (d) Is dropping off or picking up a child or children and the person is 13 the child or children's parent or legal guardian; or 14 (e) Is temporarily on school grounds, during school hours, for the pur- 15 pose of making a mail, food or other delivery; or 16 (f) Is exercising his right to vote in public elections; or 17 (g) Is taking delivery of his mail through an official post office 18 located on school grounds; or 19 (h) Has written permission from a school principal, vice-principal, or 20 the equivalent, to be on the school grounds or upon other property posted 21 with a notice that the property is used by a school; or 22 (i) Stays at a homeless shelter or resides at a recovery facility if such 23 shelter or facility has been approved for sex offenders by the county 24 sheriff or municipal police chief. 25 (3) Nothing in this section shall prevent a school district from adopting 26 more stringent safety and security requirements for employees and nonemployees 27 while they are in district facilities and/or on district properties. 3 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 382, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO ADULT CRIMINAL SEX OFFENDERS AND ACCESS TO CHILDREN IN SCHOOL; 3 AMENDING SECTION 18-8329, IDAHO CODE, TO CLARIFY RESTRICTIONS ON ADULT 4 CRIMINAL SEX OFFENDERS' ACCESS TO CHILDREN IN SCHOOL BUILDINGS, ON SCHOOL 5 GROUNDS AND UPON OTHER PROPERTIES POSTED WITH A NOTICE THAT THEY ARE USED 6 BY A SCHOOL, TO CLARIFY EXCEPTIONS TO PROHIBITED ACCESS AND TO PROVIDE 7 ADDITIONAL EXCEPTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 2. That Section 18-8329, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 18-8329. ADULT CRIMINAL SEX OFFENDERS -- PROHIBITED ACCESS TO SCHOOL 12 CHILDREN -- EXCEPTIONS. (1) If a person is currently registered or is required 13 to register under the sex offender registration act as provided in chapter 83, 14 title 18, Idaho Code, it is a misdemeanor for such person to: 15 (a) Be upon or to remain on the premises of any school building or school 16 grounds in this state, or upon other properties posted with a notice that 17 they are used by a school, when the person has reason to believe children 18 under the age of eighteen (18) years are present and are involved in a 19 school activity or when children are present within thirty (30) minutes 20 before or after a scheduled school activity. 21 (b) Knowingly loiter on a public way within five hundred (500) feet from 22 the property line ofa school building orschool grounds in this state, 23 including properties posted with a notice that they are used by a school, 24 when children under the age of eighteen (18) years are present and are 25 involved in a school activity or when children are present within thirty 26 (30) minutes before or after a scheduled school activity. 27 (c) Be in any conveyance owned,or leasedor contractedby a school to 28 transport students to or from school or a school-related activity when 29 children under the age of eighteen (18) years are present in the convey- 30 ance. 31 (d) Reside within five hundred (500) feet of the property on which a 32 school is located, measured from the nearest point of the exterior wall of 33 the offender's dwelling unit to the school's property line, provided how- 34 ever, that this paragraph (d) shall not apply if such person's residence 35 was established prior to July 1, 2006. 36 (e) The posted notices required in this subsection (1) shall be at least 37 one hundred (100) square inches, shall make reference to section 18-8329, 38 Idaho Code, shall include the term "registered sex offender" and shall be 39 placed at commonly used entrances to the property. In addition, there 40 shall be at least one (1) notice posted every six hundred sixty (660) feet 41 along the property line. 42 (2) The provisions of subsections (1)(a) and (1)(b) of this section shall 43 not apply when the person: 44 (a) Is a student in attendance at the school; or 45 (b) Is attending an academic conference or other scheduled extracurricu- 46 lar school event with school officialsaspresent when the offender is a 4 1 parent or legal guardian of a child whois enrolled in the school andis 2 participating in the conference or extracurricular event. 3 "Extracurricular" means any school-sponsored activity that is outside the 4 regular curriculum, occurring during or outside regular school hours 5 including, but not limited to, academic, artistic, athletic or recre- 6 ational activities; or 7 (c) Resides at a state licensed or certified facility for incarceration, 8 health or convalescent care; or 9 (d) Is dropping off or picking up a child or children and the person is 10 the child or children's parent or legal guardian; or 11 (e) Is temporarily on school grounds, during school hours, for the pur- 12 pose of making a mail, food or other delivery; or 13 (f) Is exercising his right to vote in public elections; or 14 (g) Is taking delivery of his mail through an official post office 15 located on school grounds; or 16 (h) Has written permission from a school principal, vice-principal, or 17 the equivalent, to be on the school grounds or upon other property posted 18 with a notice that the property is used by a school. 19 (3) Nothing in this section shall prevent a school district from adopting 20 more stringent safety and security requirements for employees and nonemployees 21 while they are in district facilities and/or on district properties.
STATEMENT OF PURPOSE
RS 17598
This proposed legislation will amend Idaho Code Section 18-8329
to clarify the premises to which sex offender access is
prohibited and when such access is prohibited.
FISCAL NOTE
None.
Contact
Name: Representative Jim Clark
Phone: 332-1127
Name:Senator Denton Darrington
Phone: 332-1317
STATEMENT OF PURPOSE/FISCAL NOTE H 382