NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC files

State Department of Education (SDE)

Department of Public Safety (DPS)

SUMMARY

Synopsis of SJC Substitute

The Senate Judiciary Committee substitute for this bill maintains the current statutorial penalties for failing to register as a sex offender and for providing false information when registering as a sex offender. The substitute exempts request for registration information from the Inspection of Public Records Act. The substitute sets rules for law enforcement agencies to contact schools about sex offenders and provide information to requestors within seven days. The substitute gives DPS the authority to establish and maintain an Internet website with sex offender registration information. Finally, the substitute removes the section in the original bill that provided immunity from legal action for public entities complying with the provisions of the act.

Synopsis of Original Bill

Senate Bill 125 amends the Sex Offender Registration and Notification Act to: expand the list of sex offenses to include kidnaping and false imprisonment of victims under age 18 when the offender is not a parent; increase registration requirements for convicted sex offenders to include non-residents of New Mexico who are either employed in New Mexico or enrolled at a New Mexico school or educational institution (adding a DNA sample to other required registration information); increase the penalty for non-compliance with registration to a fourth degree felony; require notification of licensed daycare facilities and elementary, middle and high schools within a one mile radius of residence of a newly registered sex offender; authorize the Department of Public Safety to establish an Internet web site to make registration information on sex offenders available to the public; require notice to sex offenders of their duty to register; and provide immunity from legal action for public employees or entities for complying with the provisions of the Act.

BOC/gm