2008 Senate Bill 136 - Senate Judiciary

State of South Dakota  
EIGHTY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2008  

682P0587   SENATE JUDICIARY ENGROSSED     NO.   SB 136  -   1/28/2008  

Introduced by:     Senators Gant, Abdallah, Hauge, Schmidt (Dennis), and Turbak Berry and Representatives Buckingham, Brunner, Cutler, Rausch, and Weems
 

         FOR AN ACT ENTITLED, An Act to  require convicted sex offenders to register their online identifiers, to allow limited release of online identifier information in the sex offender registry to certain communications service entities, to make an appropriation therefor, and to provide penalties to violations thereof.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  Terms used in this Act mean:
             (1)    "Communications service entity," a business or organization that provides internet service, electronic communications service, remote computing service, online service, electronic mail service, or electronic instant message or chat services whether the business or organization is within or outside this state;
             (2)    "Electronic mail," the transmission of information or communication by the use of the internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person;
             (3)    "Instant message" or "IM," a form of real time text communication between two or more people conveyed via computers connected over a network such as the internet;
             (4)    "Internet," the global information system that is logically linked together by a globally unique address space based on the internet protocol or its subsequent extensions; that is able to support communications using the transmission control protocol/internet protocol suite, its subsequent extensions, or other internet protocol compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described in this Act;
             (5)    "Online identifier," all of the following: electronic mail address and instant message screen name, user ID, chat or other internet communication name, or identity information; and
             (6)    "Sex offender," any person required to register as a sex offender pursuant to chapter 22-24B.
     Section 2.  No sex offender may use any online identifier to communicate over the internet that is not included in the registration information provided pursuant to subdivision 22-24B- 8(13). Any violation of this section is a Class 6 felony.
     Section 3.  The Division of Criminal Investigation shall make registry information regarding registered sex offenders' online identifiers available to any communications service entity for the purpose of allowing the communications service entity to prescreen users or for comparison with information held by the communications service entity. Any communications service entity desiring to prescreen its users or compare its database of registered users to the list of online identifiers of persons in the statewide registry may apply to the Division of Criminal Investigation to access information. Any communications service entity that complies with the

criteria developed by the Division of Criminal Investigation regarding the release and use of the online identifier information established by the Division of Criminal Investigation may screen new users or compare its database of registered users to the list of online identifiers of persons in the statewide registry as frequently as the Division of Criminal Investigation may allow for the purpose of identifying a registered user associated with an online identifier contained in the statewide registry.
     Section 4.  The Division of Criminal Investigation shall promulgate rules pursuant to chapter 1-26 regarding the release and use of online identifier information.
     Section 5.  No communications service entity may disclose any information acquired pursuant to this Act for any purpose other than for prescreening its users or comparing the database of registered users of the entity against the list of online identifiers of persons in the statewide registry to protect children from online sexual predators.
     Section 6.  That ยง 22-24B-8 be amended to read as follows:
     22-24B-8.   The registration shall include the following information which, unless otherwise indicated, shall be provided by the offender:

             (1)      Name and all aliases used;
             (2)      Complete description, photographs, fingerprints and palm prints collected and provided by the registering agency;
             (3)      Residence, length of time at that residence including the date the residence was established, and length of time expected to remain at that residence;
             (4)      The type of sex crime convicted of;
             (5)      The date of commission and the date of conviction of any sex crime committed;
             (6)      Social Security number on a separate confidential form;
             (7)      Driver license number and state of issuance;
             (8)      Whether or not the registrant is receiving or has received any sex offender treatment;
             (9)      Employer name, address, and phone number or school name, address, and phone number;
             (10)      Length of employment or length of attendance at school;
             (11)      Occupation or vocation;
             (12)      Vehicle license plate number of any vehicle owned by the offender;
             (13)      Information identifying any internet accounts of the offender as well as any user names, screen names, and aliases online identifier, as defined pursuant to subdivision (5) of section 1 of this Act that the offender uses on the internet ;
             (14)      A listing of all felony convictions, in any jurisdiction, for crimes committed as an adult and sex offense convictions and adjudications subject to sex offender registry provided by the offender and confirmed by the registering agency;
             (15)      A description of the offense, provided by the prosecuting attorney;
             (16)      Acknowledgment whether the offender is currently an inmate, parolee, juvenile in department of corrections placement or under aftercare supervision, county or city jail inmate or detainee in a juvenile detention center, provided by the offender and confirmed by the administering body of the correctional facility;
             (17)      Acknowledgment whether the offender is subject to community safety zone restrictions, provided by the registering agency; and
             (18)      The name, address and phone number of two local contacts, who have regular interaction with the offender and the name, address and phone number of the offender's next of kin.
     In addition, at the time of the offender's registration, the registering agency will collect a DNA sample and submit the sample to the South Dakota State Forensic Laboratory in

accordance with procedures established by the South Dakota State Forensic Laboratory. The collection of DNA at the time of the registration is not required if the registering agency can confirm that DNA collection and submission to the South Dakota State Forensic Laboratory has already occurred.

     Any failure by the offender to accurately provide the information required by this section is a Class 6 felony.
     Section 7.  There is hereby appropriated from the general fund the sum of ninety-five thousand dollars ($ 95,000 ), or so much thereof as may be necessary, and 2.0 FTE to the Office of the Attorney General to administer the provisions of this Act.
     Section 8.  The attorney general shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
     Section 9.  Any amounts appropriated in this Act not lawfully expended or obligated by June  30, 2009 , shall revert in accordance with the procedures prescribed in chapter 4-8.

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