Amends existing law to revise the definition of “daycare.”

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1239 BY JUDICIARY AND RULES COMMITTEE AN ACT1 RELATING TO SEX OFFENDERS; AMENDING SECTION 18-8329, IDAHO CODE, TO REVISE2 A DEFINITION AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMER-3 GENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 18-8329, Idaho Code, be, and the same is hereby6 amended to read as follows:7 18-8329. ADULT CRIMINAL SEX OFFENDERS -- PROHIBITED ACCESS TO SCHOOL8 CHILDREN -- EXCEPTIONS. (1) If a person is currently registered or is re-9 quired to register under pursuant to the sex offender registration act as10 provided in chapter 83, title 18, Idaho Code, it is a misdemeanor for such11 person to:12 (a) Be upon on or to remain on the premises of any school building or13 school grounds in this state, upon on the premises or grounds of any14 daycare, or upon on other properties posted with a notice that they15 are used by a school or daycare, when the person has reason to believe16 children under the age of eighteen (18) years of age are present and are17 involved in a school or daycare activity, or when children are present18 within thirty (30) minutes before or after a scheduled school or daycare19 activity.20 (b) Knowingly loiter on a public way within five hundred (500) feet from21 the property line of school or daycare grounds in this state, includ-22 ing properties posted with a notice that they are used by a school or23 daycare, when children under the age of eighteen (18) years of age are24 present and are involved in a school or daycare activity, or when chil-25 dren are present within thirty (30) minutes before or after a scheduled26 school or daycare activity.27 (c) Be in any conveyance owned or leased by a school or daycare to trans-28 port students to or from school or daycare or a school- or daycare-re-29 lated activity when children under the age of eighteen (18) years of age30 are present in the conveyance.31 (d) Reside within five hundred (500) feet of the property on which a32 school or daycare is located, measured from the nearest point of the ex-33 terior wall of the offender's dwelling unit to the school's or daycare's34 property line, provided however, that this paragraph shall not apply35 if such person's residence was established prior to July 1, 2006, for36 a school, and prior to July 1, 2020, for a daycare in existence on that37 date. This paragraph shall not apply to such person whose residence is38 established prior to the establishment of a daycare within five hundred39 (500) feet of his dwelling unit.40 (e) For purposes of this chapter, "school" means any public or private41 school. "Daycare" means any licensed daycare as defined in chapter 11,42

2 title 39, Idaho Code, that is licensed or is zoned, permitted, or ap-1 proved by a city or county for use as a daycare.2 The posted notices required in this subsection shall be at least one hundred3 (100) square inches, shall make reference to section 18-8329, Idaho Code,4 shall include the term "registered sex offender," and shall be placed at all5 public entrances to the property.6 (2) The provisions of subsection (1)(a) and (b) of this section shall7 not apply when the person:8 (a) Is a student in attendance at the school; or9 (b) Is exercising his right to vote in public elections; or10 (c) Is taking delivery of his mail through an official post office lo-11 cated on school grounds; or12 (d) Contacts the school district or daycare office annually and prior13 to his first visit of a school year and has obtained written permission14 from the district or daycare to be on the school or daycare grounds or15 upon on other property posted with a notice that the property is used by16 a school or daycare. For the purposes of this section, "contacts the17 school district or daycare office" shall include mail, facsimile ma-18 chine, or by computer using the internet. The provisions of this sub-19 section are required for an individual who:20 (i) Is dropping off or picking up a child or children and the per-21 son is the child child's or children's parent or legal guardian; or22 (ii) Is attending an academic conference or other scheduled ex-23 tracurricular school event with school officials present when the24 offender is a parent or legal guardian of a child who is partic-25 ipating in the conference or extracurricular event. "Extracur-26 ricular" means any school-sponsored activity that is outside the27 regular curriculum, occurring during or outside regular school28 hours, including but not limited to academic, artistic, athletic,29 or recreational activities; or30 (iii) Is temporarily on school or daycare grounds, during school31 hours, for the purpose of making a mail, food, or other delivery.32 (3) The provisions of subsection (1)(d) of this section shall not apply33 when the person:34 (a) Resides at a state-licensed or certified facility for incarcera-35 tion, health, or convalescent care; or36 (b) Stays at a homeless shelter or resides at a recovery facility, if37 such shelter or facility has been approved for sex offenders by the38 county sheriff or municipal police chief.39 (4) Nothing in this section shall prevent a school district or daycare40 from adopting more stringent safety and security requirements for employees41 and nonemployees while they are in district or daycare facilities and/or on42 district or daycare properties. If adopting more stringent safety and se-43 curity requirements, the school district or daycare shall provide the re-44 quirements to any individual listed in subsection (2)(d)(i) through (iii) by45 mail, facsimile machine, or by computer using the internet.46

SECTION 2. An emergency existing therefor, which emergency is hereby47 declared to exist, this act shall be in full force and effect on and after48 July 1, 2026.49