Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
683
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
SEX
OFFENDERS;
AMENDING
SECTION
18
-
8303,
IDAHO
CODE,
TO
DE
-
2
FINE
TERMS
AND
TO
REVISE
A
DEFINITION;
AMENDING
SECTION
18
-
8329,
IDAHO
3
CODE,
TO
REVISE
PROVISIONS
REGARDING
WHERE
A
SEX
OFFENDER
RESIDES;
AND
4
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
18
-
8303,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
18
-
8303.
DEFINITIONS.
As
used
in
this
chapter:
9
(1)
"Aggravated
offense"
means
any
of
the
following
crimes:
18
-
1506A
10
(ritualized
abuse
of
a
child);
18
-
1508
(lewd
conduct);
18
-
4003(d)
(murder
1
1
committed
in
the
perpetration
of
rape);
18
-
4502
(first
-
degree
kidnapping
12
committed
for
the
purpose
of
rape,
committing
any
lewd
and
lascivious
act
13
upon
any
child
under
the
age
of
sixteen
years
or
for
purposes
of
sexual
grati
-
14
fication
or
arousal);
18
-
4503
(second
-
degree
kidnapping
where
the
victim
is
15
an
unrelated
minor
child
and
the
kidnapping
is
committed
for
the
purpose
of
16
rape,
committing
any
lewd
and
lascivious
act
upon
any
child
under
the
age
of
17
sixteen
years
or
for
purposes
of
sexual
gratification
or
arousal);
18
-
6101
18
(rape,
but
excluding
section
18
-
6101(1)
where
the
victim
is
at
least
twelve
19
(12)
years
of
age
or
the
defendant
is
eighteen
(18)
years
of
age
and
section
20
18
-
6101(2)
where
the
victim
is
sixteen
(16)
or
seventeen
(17)
years
of
age
21
and
the
defendant
is
no
more
than
five
(5)
years
older
than
the
victim);
22
18
-
6604
(forcible
penetration
by
use
of
a
foreign
object);
chapter
86,
title
23
18,
(human
trafficking);
and
any
other
offense
set
forth
in
section
18
-
8304,
24
Idaho
Code,
if
at
the
time
of
the
commission
of
the
offense
the
victim
was
25
below
the
age
of
thirteen
(13)
years
or
an
offense
that
is
substantially
sim
-
26
ilar
to
any
of
the
foregoing
offenses
under
the
laws
of
another
jurisdiction
27
or
military
court
or
the
court
of
another
country.
28
(2)
"Board"
means
the
sexual
offender
management
board
described
in
29
section
18
-
8312,
Idaho
Code.
30
(3)
"Central
registry"
means
the
registry
of
convicted
sexual
offend
-
31
ers
maintained
by
the
Idaho
state
police
pursuant
to
this
chapter.
32
(4)
"Certified
evaluator"
means
either
a
psychiatrist
licensed
by
this
33
state
pursuant
to
chapter
18,
title
54,
Idaho
Code,
or
a
master's
or
doctoral
34
level
mental
health
professional
licensed
by
this
state
pursuant
to
chap
-
35
ter
23,
chapter
32,
or
chapter
34,
title
54,
Idaho
Code.
Such
person
shall
36
have,
by
education,
experience
and
training,
expertise
in
the
assessment
and
37
treatment
of
sexual
offenders,
and
such
person
shall
meet
the
qualifications
38
and
shall
be
approved
by
the
board
to
perform
psychosexual
evaluations
in
39
this
state,
as
described
in
section
18
-
8314,
Idaho
Code.
40
(5)
"Department"
means
the
Idaho
state
police.
41
2
(6)
"Employed"
means
full
-
time
or
part
-
time
employment
exceeding
ten
1
(10)
consecutive
working
days
or
for
an
aggregate
period
exceeding
thirty
2
(30)
days
in
any
calendar
year,
or
any
employment
that
involves
counseling,
3
coaching,
teaching,
supervising
or
working
with
minors
in
any
way
regardless
4
of
the
period
of
employment,
whether
such
employment
is
financially
compen
-
5
sated,
volunteered
or
performed
for
the
purpose
of
any
government
or
educa
-
6
tion
benefit.
7
(7)
"Foreign
conviction"
means
a
conviction
under
the
laws
of
Canada,
8
Great
Britain,
Australia
or
New
Zealand,
or
a
conviction
under
the
laws
of
9
any
foreign
country
deemed
by
the
U.S.
department
of
state,
in
its
country
10
reports
on
human
rights
practices,
to
have
been
obtained
with
sufficient
1
1
safeguards
for
fundamental
fairness
and
due
process.
12
(8)
"Habitually
lives"
means
any
place
where
a
person
lives,
sleeps,
or
13
visits
with
any
regularity,
including
where
a
homeless
person
is
stationed
14
during
the
day
or
sleeps
at
night,
and
any
place
where
a
person
visits
for
15
longer
than
five
(5)
hours
per
visit
more
than
five
(5)
times
within
a
thirty
16
(30)
day
period.
17
(9)
"Homeless"
means
having
no
fixed
residence.
18
(8)
(10)
"Incarceration"
means
committed
to
the
custody
of
the
Idaho
de
-
19
partment
of
correction
or
department
of
juvenile
corrections,
but
excluding
20
cases
where
the
court
has
retained
jurisdiction.
21
(9)
(11)
"Jurisdiction"
means
any
of
the
following:
a
state,
the
Dis
-
22
trict
of
Columbia,
the
commonwealth
of
Puerto
Rico,
Guam,
American
Samoa,
23
the
Northern
Mariana
Islands,
the
United
States
Virgin
Islands,
the
federal
24
government
or
a
federally
recognized
Indian
tribe.
25
(10)
(12)
"Minor"
means
an
individual
who
has
not
attained
the
age
of
26
eighteen
(18)
years.
27
(11)
(13)
"Offender"
means
an
individual
convicted
of
an
offense
listed
28
and
described
in
section
18
-
8304,
Idaho
Code,
or
a
substantially
similar
of
-
29
fense
under
the
laws
of
another
jurisdiction
or
military
court
or
the
court
30
of
another
country
deemed
by
the
U.S.
department
of
state,
in
its
country
re
-
31
ports
on
human
rights
practices,
to
have
sufficient
safeguards
for
fundamen
-
32
tal
fairness
and
due
process.
33
(12)
(14)
"Offense"
means
a
sexual
offense
listed
in
section
18
-
8304,
34
Idaho
Code.
35
(13)
(15)
"Psychosexual
evaluation"
means
an
evaluation
that
specif
-
36
ically
addresses
sexual
development,
sexual
deviancy,
sexual
history
and
37
risk
of
reoffense
as
part
of
a
comprehensive
evaluation
of
an
offender.
38
(14)
(16)
"Recidivist"
means
an
individual
convicted
two
(2)
or
more
39
times
of
any
offense
requiring
registration
under
this
chapter.
40
(15)
(17)
"Residence"
means
the
offender's
present
place
of
abode
41
location
where
an
offender
habitually
lives
.
42
(16)
(18)
"Student"
means
a
person
who
is
enrolled
on
a
full
-
time
or
43
part
-
time
basis
in
any
public
or
private
educational
institution,
including
44
any
secondary
school,
trade
or
professional
institution
or
institution
of
45
higher
education.
46
(17)
(19)
"Violent
sexual
predator"
means
a
person
who
was
designated
as
47
a
violent
sexual
predator
by
the
sexual
offender
management
board
where
such
48
designation
has
not
been
removed
by
judicial
action
or
otherwise.
49
3
SECTION
2.
That
Section
18
-
8329,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
18
-
8329.
ADULT
CRIMINAL
SEX
OFFENDERS
-
-
PROHIBITED
ACCESS
TO
SCHOOL
3
CHILDREN
-
-
EXCEPTIONS.
(1)
If
a
person
is
currently
registered
or
is
re
-
4
quired
to
register
under
the
sex
offender
registration
act
as
provided
in
5
chapter
83,
title
18,
Idaho
Code,
it
is
a
misdemeanor
for
such
person
to:
6
(a)
Be
upon
or
to
remain
on
the
premises
of
any
school
building
or
school
7
grounds
in
this
state,
upon
the
premises
or
grounds
of
any
daycare,
or
8
upon
other
properties
posted
with
a
notice
that
they
are
used
by
a
school
9
or
daycare,
when
the
person
has
reason
to
believe
children
under
the
age
10
of
eighteen
(18)
years
are
present
and
are
involved
in
a
school
or
day
-
1
1
care
activity,
or
when
children
are
present
within
thirty
(30)
minutes
12
before
or
after
a
scheduled
school
or
daycare
activity.
13
(b)
Knowingly
loiter
on
a
public
way
within
five
hundred
(500)
feet
from
14
the
property
line
of
school
or
daycare
grounds
in
this
state,
includ
-
15
ing
properties
posted
with
a
notice
that
they
are
used
by
a
school
or
16
daycare,
when
children
under
the
age
of
eighteen
(18)
years
are
present
17
and
are
involved
in
a
school
or
daycare
activity,
or
when
children
are
18
present
within
thirty
(30)
minutes
before
or
after
a
scheduled
school
or
19
daycare
activity.
20
(c)
Be
in
any
conveyance
owned
or
leased
by
a
school
or
daycare
to
trans
-
21
port
students
to
or
from
school
or
daycare
or
a
school
-
or
daycare
-
re
-
22
lated
activity
when
children
under
the
age
of
eighteen
(18)
years
are
23
present
in
the
conveyance.
24
(d)
Reside
within
five
hundred
(500)
feet
of
the
property
on
which
a
25
school
or
daycare
is
located,
measured
from
the
nearest
point
of
the
ex
-
26
terior
wall
of
the
offender's
dwelling
unit
to
the
school's
or
daycare's
27
property
line,
provided
however,
that
this
paragraph
shall
not
apply
28
if
such
person's
residence
was
established
prior
to
July
1,
2006,
for
29
a
school,
and
prior
to
July
1,
2020,
for
a
daycare
in
existence
on
that
30
date.
This
paragraph
shall
not
apply
to
such
person
whose
residence
is
31
established
prior
to
the
establishment
of
a
daycare
within
five
hundred
32
(500)
feet
of
his
dwelling
unit.
The
provisions
of
this
paragraph
shall
33
apply
when
the
person
resides
at
a
residential
or
long
-
term
care
facil
-
34
ity.
35
(e)
For
purposes
of
this
chapter,
"school"
means
any
public
or
private
36
school.
"Daycare"
means
any
licensed
daycare
as
defined
in
chapter
11,
37
title
39,
Idaho
Code.
38
The
posted
notices
required
in
this
subsection
shall
be
at
least
one
hundred
39
(100)
square
inches,
shall
make
reference
to
section
18
-
8329,
Idaho
Code,
40
shall
include
the
term
"registered
sex
offender"
and
shall
be
placed
at
all
41
public
entrances
to
the
property.
42
(2)
The
provisions
of
subsection
(1)(a)
and
(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
exercising
his
right
to
vote
in
public
elections;
or
46
(c)
Is
taking
delivery
of
his
mail
through
an
official
post
office
lo
-
47
cated
on
school
grounds;
or
48
4
(d)
Contacts
the
school
district
or
daycare
office
annually
and
prior
1
to
his
first
visit
of
a
school
year
and
has
obtained
written
permission
2
from
the
district
or
daycare
to
be
on
the
school
or
daycare
grounds
or
3
upon
other
property
posted
with
a
notice
that
the
property
is
used
by
4
a
school
or
daycare.
For
the
purposes
of
this
section,
"contacts
the
5
school
district
or
daycare
office"
shall
include
mail,
facsimile
ma
-
6
chine,
or
by
computer
using
the
internet.
The
provisions
of
this
sub
-
7
section
are
required
for
an
individual
who:
8
(i)
Is
dropping
off
or
picking
up
a
child
or
children
and
the
per
-
9
son
is
the
child
or
children's
parent
or
legal
guardian;
or
10
(ii)
Is
attending
an
academic
conference
or
other
scheduled
ex
-
1
1
tracurricular
school
event
with
school
officials
present
when
the
12
offender
is
a
parent
or
legal
guardian
of
a
child
who
is
partic
-
13
ipating
in
the
conference
or
extracurricular
event.
"Extracur
-
14
ricular"
means
any
school
-
sponsored
activity
that
is
outside
the
15
regular
curriculum,
occurring
during
or
outside
regular
school
16
hours,
including
but
not
limited
to
academic,
artistic,
athletic
17
or
recreational
activities;
or
18
(iii)
Is
temporarily
on
school
or
daycare
grounds,
during
school
19
hours,
for
the
purpose
of
making
a
mail,
food,
or
other
delivery.
20
(3)
The
provisions
of
subsection
(1)(d)
of
this
section
shall
not
apply
21
when
the
person:
22
(a)
Resides
at
a
state
-
licensed
or
certified
facility
for
incarcera
-
23
tion
,
health,
or
convalescent
care
or
a
hospital
;
or
24
(b)
Stays
at
a
homeless
shelter
or
resides
at
a
recovery
facility,
if
25
such
shelter
or
facility
has
been
approved
for
sex
offenders
by
the
26
county
sheriff
or
municipal
police
chief
.
27
(4)
Nothing
in
this
section
shall
prevent
a
school
district
or
daycare
28
from
adopting
more
stringent
safety
and
security
requirements
for
employees
29
and
nonemployees
while
they
are
in
district
or
daycare
facilities
and/or
on
30
district
or
daycare
properties.
If
adopting
more
stringent
safety
and
se
-
31
curity
requirements,
the
school
district
or
daycare
shall
provide
the
re
-
32
quirements
to
any
individual
listed
in
subsection
(2)(d)(i)
through
(iii)
by
33
mail,
facsimile
machine,
or
by
computer
using
the
internet.
34
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
35
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
36
July
1,
2026.
37