1999-02-10                     Senate Journal                      Page 0204
SB 62                                                                        
SENATE BILL NO. 62 BY THE SENATOR RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act relating to the definition of conviction for                           
registration of sex offenders and child kidnappers;                            
and providing for an effective date.                                           
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               

1999-02-10                     Senate Journal                      Page 0205
SB 62                                                                        
Zero fiscal notes published today from Department of Public Safety,            
Department of Law. Indeterminate fiscal note published today from              
Department of Administration.                                                  
                                                                               
Governors transmittal letter dated February 8:                                 
                                                                               
Dear President Pearce:                                                         
                                                                               
Last year, the Administration worked with the Legislature to toughen           
our laws requiring sex offenders to register with the state. The bill          
I 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.                
                                                                               
                                                                               

1999-02-10                     Senate Journal                      Page 0206
SB 62                                                                        
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