Signed by Governor Eric Holcomb

Vote Smart's Synopsis:

A vote to pass a bill that specifies the policies regarding the residency of sex offenders near their victims.

Highlights:

• Defines “offender” as an individual convicted of a sex offense (Sec. 33).

• Authorizes an offender to petition for a waiver of the residency restriction unless the offender is a sexually violent predator or if the offender is an offender against children (Sec. 33).

• Authorizes the offender to petition the court for an extension of their waiver no later than 60 days before its expiration (Sec. 33).

• Specifies that the address of the victim of the offender’s sex offense is confidential, even if the court grants a waiver to the offender (Sec. 33).

• Establishes that a serious sex offender knowingly or intentionally entering school property is a Level 6 felony, unless a religious institution or house of worship is on the school property and the person enters the school property or other entity when classes, extracurricular activities, or any other school activities are not occuring, and the offender arrives and leaves the school property no more than 30 minutes before and after the worship services or religious instruction ends (Sec. 33).

• Establishes that a sex offender commits a Class A misdemeanor and possible Level 6 felony (considering past relevant convictions) if they (Sec. 15):

• Establish residence within a one mile radius of the residence of the victim of the offender’s sex offense;

• Intend to reside at the residence; and

• Know or reasonably should have known that the residence was located within a one mile radius of the residence of the victim of the offender’s sex offense.

• Specifies that the victim of the sex offense cannot be prosecuted under the previously highlighted subsection if the victim aided, induced, or caused the offender to commit the offense (Sec. 15).

Full Bill Text