House Bill text for HB0831

HOUSE BILL 831

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Al Park

AN ACT

RELATING TO DRUG TRAFFICKING; ENACTING THE DRUG DEALER REGISTRATION ACT; REQUIRING PERSONS CONVICTED OF DRUG TRAFFICKING OFFENSES TO REGISTER WITH THE COUNTY; PROVIDING FOR A LOCAL AND CENTRAL REGISTRY; PROVIDING FOR AN EXEMPTION FROM REGISTRATION FOR FIRST OFFENDERS WHO COOPERATE IN THE INVESTIGATION OR PROSECUTION OF ANOTHER; PROVIDING PUBLIC ACCESS TO INFORMATION REGARDING DRUG DEALERS; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Drug Dealer Registration Act".

Section 2. DEFINITIONS.--As used in the Drug Dealer Registration Act:

A. "conviction" means a conviction in any court of competent jurisdiction and includes a deferred sentence, but does not include a conditional discharge;

B. "drug dealer" means a person who has been convicted of a drug offense and who:

(1) is a resident of New Mexico;

(2) changes residence to New Mexico;

(3) does not have an established residence in New Mexico, but lives in a shelter, halfway house or transitional living facility or stays in multiple locations in New Mexico; or

(4) is a resident of another state but is:

(a) employed full time or part time in New Mexico for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, including any employment or vocation, whether financially compensated, volunteered or for the purpose of government or educational benefit; or

(b) enrolled on a full-time or part-time basis in a private or public school or an institution of higher education in New Mexico;

C. "drug offense" means a conviction for the unlawful trafficking of a controlled substance in violation of Section 30-31-20 NMSA 1978, or in violation of a law or ordinance of any jurisdiction or state of the United States or of federal, tribal or military law when that law or ordinance prohibits conduct that is unlawful under the provisions of Section 30-31-20 NMSA 1978;

D. "institution of higher education" means a:

(1) private or public post-secondary educational institution;

(2) trade school; or

(3) professional school; and

E. "registration requirement" means any requirement set forth in Section 3 of the Drug Dealer Registration Act that requires a drug dealer to register, provide information, renew, revise or change the dealer's registration information or provide written notice or disclosure regarding the dealer's status as a drug dealer.

Section 3. REGISTRATION OF DRUG DEALERS--INFORMATION REQUIRED--CRIMINAL PENALTY FOR NONCOMPLIANCE.--

A. A drug dealer residing in this state shall register with the county sheriff for the county where the drug dealer resides no later than ten days after being released from the custody of the corrections department, a municipal or county jail or a federal, military or tribal correctional facility or detention center or being placed on probation or parole.

B. A drug dealer who changes residence to New Mexico shall register with the county sheriff for the county where the drug dealer resides no later than ten days after arrival in this state.

C. A drug dealer who is a resident of another state but who is employed in New Mexico or attending public or private school or an institution of higher education in New Mexico shall register with the county sheriff for the county in which the drug dealer is working or attending school or an institution of higher education no later than ten days after beginning work or school.

D. When a drug dealer registers with the county sheriff, the drug dealer shall provide the following registration information:

(1) legal name and any other names or aliases that the drug dealer is using or has used;

(2) date of birth;

(3) social security number;

(4) current address and, if applicable, the address of the drug dealer's place of lodging in New Mexico while the drug dealer is working or attending school or an institution of higher education;

(5) place of employment and the name of the school that the drug dealer is attending, if applicable;

(6) the drug offense for which the drug dealer was convicted; and

(7) the date and place of the drug offense conviction.

E. When a drug dealer registers with a county sheriff, the sheriff shall obtain:

(1) a photograph of the drug dealer;

(2) a complete set of the drug dealer's fingerprints; and

(3) a description of any tattoos, scars or other distinguishing features on the drug dealer's body that would assist in identifying the drug dealer.

F. When a drug dealer who is registered changes residence within the same county, the drug dealer shall send written notice of the change of address to the county sheriff no later than ten days after establishing the new residence.

G. When a drug dealer who is registered changes residence to a new county in New Mexico, the drug dealer shall register with the county sheriff of the new county no later than ten days after establishing the new residence. The drug dealer shall also send written notice of the change in residence to the county sheriff with whom the drug dealer last registered no later than ten days after establishing the new residence.

H. When a drug dealer who is registered or required to register does not have an established residence, but lives in a shelter, halfway house or transitional living facility or stays in multiple locations in New Mexico, the drug dealer shall register with the county sheriff for each county in which the drug dealer is living or temporarily located. The drug dealer shall register no later than ten days after a change in living arrangements or temporary location.

I. When a drug dealer who is registered or required to register is employed, begins a vocation or is enrolled as a student at an institution of higher education in New Mexico, the drug dealer shall disclose the drug dealer's status as a drug dealer in writing to the county sheriff for the county in which the institution of higher education is located, to the law enforcement entity responsible for the institution of higher education and to the registrar for the institution of higher education no later than ten days after beginning employment, beginning a vocation or enrolling at the institution of higher education. The drug dealer shall also send written notice of any change regarding the drug dealer's employment, vocation or enrollment status at an institution of higher education to the county sheriff, the law enforcement entity and the registrar no later than ten days after the change in employment, vocation or enrollment status.

J. When a drug dealer who is registered or required to register is employed or is enrolled as a student at a public or private school in New Mexico, the drug dealer shall disclose the drug dealer's status as a drug dealer in writing to the county sheriff for the county in which the school is located and to the principal of the school no later than ten days after enrolling at the school. The drug dealer shall also send written notice of any change regarding enrollment status at a school to the county sheriff and to the principal no later than ten days after the change in enrollment status.

K. When a drug dealer who is registered or required to register is employed, begins a vocation or volunteers services, regardless of whether the drug dealer receives payment or other compensation, the drug dealer shall disclose the drug dealer's status as a drug dealer in writing to the drug dealer's employer, supervisor or person similarly situated. The written disclosure shall be made immediately upon beginning employment, vocation or volunteer service.

L. Following initial registration pursuant to the provisions of this section, a drug dealer shall annually renew the drug dealer's registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of:

(1) five years for a first drug offense;

(2) ten years for a second drug offense; and

(3) the entirety of the drug dealer's natural life for a third or subsequent drug offense.

M. A drug dealer who willfully or knowingly fails to comply with the registration requirements set forth in this section or who willfully or knowingly provides false information when complying with the registration requirements of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. A conviction pursuant to this subsection shall not be considered a felony for purposes of the imposition of sentencing enhancements pursuant to the provisions of Section 31-18-17 NMSA 1978.

Section 4. PROCEDURES WHEN A DRUG DEALER MOVES FROM NEW MEXICO TO ANOTHER STATE.--

A. If a drug dealer intends to move from New Mexico to another state, no later than thirty days prior to moving to the other state, the drug dealer shall:

(1) notify the county sheriff of the county where the drug dealer resides that the drug dealer is moving to the other state; and

(2) provide the county sheriff with a written notice that identifies the state to which the drug dealer is moving.

B. Within five days of receiving a drug dealer's written notice of intent to move to another state, the county sheriff shall transmit that information to the department of public safety. Within five days of receiving that information from a county sheriff, the department shall contact the state agency, if any, responsible for registering drug dealers in the state to which the drug dealer is moving. The department shall provide that state agency with registration information regarding the drug dealer and shall obtain information regarding registration requirements, if any, for drug dealers in the state to which the drug dealer is moving. The department shall provide the drug dealer with written notification of the registration requirements, if any, in the state to which the drug dealer is moving.

C. A drug dealer who willfully fails to comply with the requirements set forth in this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

Section 5. NOTICE TO DRUG DEALERS OF DUTY TO REGISTER.--

A. A court shall provide a drug dealer convicted in that court with written notice of the drug dealer's duty to register pursuant to the provisions of the Drug Dealer Registration Act and Subsection C of this section. The written notice shall be included in judgment and sentence forms provided to the drug dealer.

B. The corrections department, a municipal or county jail or a detention center shall provide a drug dealer with written notice of the drug dealer's duty to register at the time of release of a drug dealer in its custody, pursuant to the provisions of the Drug Dealer Registration Act and Subsection C of this section.

C. The written notice shall inform the drug dealer that, pursuant to the Drug Dealer Registration Act, the drug dealer is required to do the following:

(1) register with the county sheriff for the county in which the drug dealer will reside or, if the drug dealer will not have an established residence, with the county sheriff for each county in which the drug dealer will live or temporarily be located;

(2) report subsequent changes of address;

(3) notify the county sheriff of the county in which the drug dealer resides if the drug dealer intends to move to another state and that the drug dealer may be required to register in the other state;

(4) disclose status as a drug dealer in writing when the drug dealer begins employment or vocation or enrolls as a student at an institution of higher education in New Mexico to the county sheriff for the county in which the institution of higher education is located and to the law enforcement entity and registrar for the institution of higher education;

(5) provide written notice of any change regarding employment, vocation or enrollment status at an institution of higher education to the county sheriff, the law enforcement entity and the registrar;

(6) disclose status as a drug dealer in writing when the drug dealer enrolls as a student at a private or public school in New Mexico to the county sheriff for the county in which the school is located and to the principal of the school;

(7) provide written notice of any change regarding the drug dealer's enrollment status at a public or private school in New Mexico to the county sheriff and to the principal of the school;

(8) disclose status as a drug dealer in writing to the drug dealer's employer, supervisor or other person similarly situated, when the drug dealer begins employment, begins a vocation or volunteers services, regardless of whether the drug dealer receives payment or other compensation; and

(9) read and sign a form that indicates that the drug dealer has received the written notice and that:

(a) a responsible court official, designated by the chief judge for that judicial district, has explained the written notice to the drug dealer; or

(b) a responsible corrections department official, designated by the secretary of corrections, or a responsible municipal or county jail official or detention center official has explained the written notice to the drug dealer.

D. A court, the corrections department, a municipal or county jail or a detention center shall also provide written notification regarding a drug dealer's release to the sheriff of the county in which the drug dealer is released and to the department of public safety.

E. The department of public safety, when notified by officials from another state that a drug dealer will be establishing residence in New Mexico, shall provide written notice to the drug dealer of the duty to register pursuant to the provisions of the Drug Dealer Registration Act.

Section 6. EXEMPTION FROM REGISTRATION FOR COOPERATION IN INVESTIGATION OR PROSECUTION OF A CRIME.--A drug dealer who is convicted of a drug offense for the first time is exempt from the registration requirements set forth in the Drug Dealer Registration Act if the drug dealer offers substantial assistance in the investigation or prosecution of another person who has committed an offense. A law enforcement agency or a prosecuting authority in this state shall authorize the exemption from registration but may revoke the exemption if the drug dealer ceases to actively cooperate in the investigation or prosecution.

Section 7. LOCAL REGISTRY--CENTRAL REGISTRY--ADMINISTRATION BY DEPARTMENT OF PUBLIC SAFETY--RULES.--

A. A county sheriff shall maintain a local registry of drug dealers in the county who are required to register pursuant to the provisions of the Drug Dealer Registration Act.

B. A county sheriff shall forward to the department of public safety initial registration information and any new registration information subsequently obtained from a drug dealer no later than ten working days after the information is obtained from a drug dealer. If the department of public safety receives information regarding a drug dealer from a governmental entity other than a county sheriff, the department shall send that information to the sheriff for the county in which the drug dealer resides.

C. The department of public safety shall maintain a central registry of drug dealers required to register pursuant to the provisions of the Drug Dealer Registration Act. The department shall retain registration information regarding a drug dealer for the following periods of time:

(1) five years for a drug dealer convicted of one drug offense;

(2) ten years for a drug dealer convicted of two drug offenses; and

(3) the entirety of the drug dealer's natural life for a drug dealer convicted of three or more offenses.

D. The department of public safety shall adopt rules as necessary to carry out the provisions of the Drug Dealer Registration Act.

Section 8. PUBLIC ACCESS TO INFORMATION ON DRUG DEALERS--COMMUNITY NOTIFICATION--INTERNET WEB SITE.--

A. A county sheriff shall forward registration information obtained from a drug dealer to the district attorney for the judicial district in which the drug dealer resides and, if the drug dealer is a resident of a municipality, the chief law enforcement officer for the municipality in which the drug dealer resides.

B. A person who wants to obtain registration information regarding a drug dealer may request that information from the:

(1) sheriff for the county in which the drug dealer resides;

(2) chief law enforcement officer for the municipality in which the drug dealer resides;

(3) district attorney for the judicial district in which the drug dealer resides; or

(4) secretary of public safety.

C. Upon receiving a request for registration information regarding a drug dealer, a county sheriff, chief municipal law enforcement officer, district attorney or the secretary of public safety shall provide that registration information, with the exception of a drug dealer's social security number, within a reasonable period of time but no later than seven days after receiving the request.

D. Within seven days of receiving registration information from a drug dealer, the county sheriff shall contact every elementary school, middle school and high school within a one-mile radius of the drug dealer's residence and provide them with the drug dealer's registration information, with the exception of the drug dealer's social security number.

E. The department of public safety shall establish and manage an internet web site that provides the public with registration information regarding drug dealers, except that the department of public safety shall not provide registration information on the internet web site regarding a drug dealer who was less than eighteen years of age when the drug dealer committed the drug offense for which the drug dealer was adjudicated unless, at the time of sentencing, the court made a finding that the drug dealer is not amenable to treatment and is a danger to the community. The registration information provided to the public pursuant to this subsection shall not include a drug dealer's social security number or a drug dealer's place of employment, unless the drug dealer's employment requires the drug dealer to have direct contact with children or youth.

Section 9. IMMUNITY.--Nothing in the Drug Dealer Registration Act creates a cause of action on behalf of a person against a public employer, public employee or public agency responsible for enforcement of the provisions of that act, so long as the public employer, public employee or public agency complies with the provisions of that act.

Section 10. SEVERABILITY.--If any part or application of the Drug Dealer Registration Act is held invalid, the remainder of that act and its application to other situations or persons shall not be affected.

Section 11. APPLICABILITY.--The provisions of this act apply to a person who committed a drug offense on or after July 1, 2007.

Section 12. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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