1999-02-10                     House Journal                      Page 0189
HB 86                                                                        
transmit today continues this effort by correcting an unforeseen               
inconsistency in our sex offender registration law.                            
                                                                               
                                                                               
This bill would make it clear that sex offenders convicted of crimes           
requiring registration, but whose convictions were set aside under a           
suspended imposition of sentence (SIS), still must register.  The SIS          
allows a conviction to be set aside after a person has completed               
conditions of the suspended term.  It does not mean the original               
determination of guilt has been overturned or set aside.  Although the         
law has not allowed use of the SIS in sexual assault and sexual abuse          
cases since 1988, persons convicted of these crimes in the mid-1980's          
were eligible for SIS, and many convictions were set aside under then          
existing law.                                                                  
                                                                               
                                                                               
I am proposing this bill to clarify the law because a few courts have          
ruled a sex offender given a SIS in the 1980's need not register, while        
other courts have ruled he or she must register.  This bill will prevent       
inconsistency and avoid litigation by clarifying that "conviction"             
includes convictions set aside under a SIS.  Thus, an offender who             
received a SIS for a felony requiring sex offender registration would          
have to continue to register with the state.                                   
                                                                               
                                                                               
With the 1988 change in law preventing further SIS for sex offenders,          
the population affected by this bill will gradually diminish.  However,        
this bill will make certain the estimated 185 people given a SIS for sex       
offenses in the 1980's must register with the state, as they would had         
they committed their offenses today.  In the interest of public safety,        
I urge your prompt consideration and passage of this bill.                     
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 87                                                                        
HOUSE BILL NO. 87 by the House Rules Committee by request of                   
the Governor, entitled: