Bill Description: House Bill 523 would grant the Director of the Department of Administration, the Director of the Idaho State Police, and their respective designees sole discretion to ban someone from the Capitol building and the Supreme Court building for one year with no appeal or recourse.
Rating: -2
Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
House Bill 523 would amend Section 67-1605, Idaho Code, to add a provision stating that “the director of the department of administration, the director of the Idaho state police, and their respective designees shall have authority to ban a person from being present at the capitol building and the supreme court building for a period of one (1) year upon a finding, in their sole discretion, that the person: refused to comply with lawful orders of government officials or peace officers; violated one (1) or more laws, rules, or regulations governing conduct at the capitol building or the supreme court building; threatened to or disrupted the conduct of legitimate government business; or threatened the safety of persons or property.”
It further states that “any person banned shall contact the department of administration security office should he have legitimate business to conduct with state agencies that requires him to be present on any property subject to the ban. Any person who violates a ban imposed pursuant to the provisions of this section shall be subject to the criminal penalties provided in section 18-7008, Idaho Code.”
The bill would add similar language to Section 67-5709, Idaho Code, dealing with the management of state facilities.
The penalties referenced in section 18-7008, Idaho Code, include a range of misdemeanor and felony charges with escalating penalties of up to $50,000 in fines and 10 years of incarceration.
(-1)
House Bill 523 would also amend Section 67-1613, Idaho Code, to revise and expand definitions relative to the state’s ban on camping “on or in any state-owned or leased property or facility.” These changes are primarily clarifying in nature and do not substantively change the scope of the existing prohibitions.
(0)
Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?
Beyond the loss of access to public spaces and the penalties imposed, the manner of denying these rights is concerningly arbitrary, giving certain appointed officials and their unnamed “designees” “sole discretion” to ban a person from being present at the Capitol building and the Supreme Court building.
If, in fact, a person commits some offense warranting such a penalty, there should be a transparent judicial process to investigate the allegations, examine the evidence, and impose an appropriate penalty.
Such a process must also include an opportunity for appeal and reconsideration.
(-1)
