AMENDMENT FOR SENATE JUDICIARY COMMITTEE ENGROSSED BILL
101rb

___________________ moved that SB 101 be amended as follows:

     On the Senate Judiciary Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 22-22-34 be amended to read as follows:

     22-22-34.   The Division of Criminal Investigation may make the file available to any regional or national registry of sex offenders. The division shall accept files from any regional or national registry of sex offenders and shall make such files available when if requested pursuant to § §  22-22-30 to 22-22-39, inclusive. The division shall compile a statewide registration list for public inspection or public distribution under chapter 1-27, including electronic or internet distribution. However, the public distribution of sex offender information by the internet shall be limited to persons registered for committing the following offenses:

             (1)    Rape in the first or second degree as set forth in §  22-22-1;

             (2)    Criminal pedophilia as set forth in §  22-22-30.1; or

             (3)    Felony sexual contact as set forth in §  22-22-7.

     Section 2. That chapter 22-22 be amended by adding thereto a NEW SECTION to read as follows:

     The public distribution of sex offender information by the internet pursuant to section 1 of this Act shall include a recent photograph of each sex offender for whom information is made available.

     Section 3. As a part of a sentence hearing or parole violation hearing, for any violation prescribed in subdivision 22-22-34(1), 22-22-34(2), or 22-22-34(3), the judge shall determine if information about the sex offender shall be placed on the internet.

     Section 4. No information about any sex offender may be placed on the internet unless the sex offender is determined by the judge to:

             (1)    Be a public safety risk;

             (2)    Be a sexual predator;

             (3)     Have a propensity to be a repeat offender."