House Bill text for HB0024

HOUSE BILL 24

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO SEX OFFENDER REGISTRATION; REQUIRING SEX OFFENDERS TO PROVIDE TELEPHONE NUMBERS, PAGER NUMBERS, EMAIL ADDRESSES AND SCREEN NAMES WHEN REGISTERING WITH THE COUNTY SHERIFF; REQUIRING SEX OFFENDERS TO PROVIDE NOTICE OF ANY CHANGE IN REGISTRATION INFORMATION.

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

Section 1. Section 29-11A-4 NMSA 1978 (being Laws 1995, Chapter 106, Section 4, as amended) is amended to read:

"29-11A-4. REGISTRATION OF SEX OFFENDERS--INFORMATION REQUIRED--CRIMINAL PENALTY FOR NONCOMPLIANCE.--

A. A sex offender residing in this state shall register with the county sheriff for the county in which the sex offender resides.

B. A sex offender who is a resident of New Mexico shall register with the county sheriff 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. A sex offender who changes [his] residence to New Mexico shall register with the county sheriff no later than ten days after [his] arrival in this state. When a sex offender registers with the county sheriff, [he] the sex offender shall provide the following registration information:

(1) [his] the sex offender's legal name and any other names or aliases that [he] the sex offender is using or has used;

(2) [his] the sex offender's date of birth;

(3) [his] the sex offender's social security number;

(4) [his] the sex offender's current address;

(5) [his] the sex offender's place of employment;

(6) the land line and mobile telephone numbers and the pager number that the sex offender uses, whether or not the accounts are in the offender's name, and the email addresses and screen names that the sex offender uses, whether or not the accounts are in the offender's name, as applicable;

[(6)] (7) the sex offense for which [he] the sex offender was convicted; and

[(7)] (8) the date and place of [his] the sex offense conviction.

C. A sex offender 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 sex offender is working or attending school or an institution of higher education.

D. A sex offender 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 no later than ten days after beginning work or school. When the sex offender registers with the county sheriff, [he] the sex offender shall provide the following registration information:

(1) [his] the sex offender's legal name and any other names or aliases that [he] the sex offender is using or has used;

(2) [his] the sex offender's date of birth;

(3) [his] the sex offender's social security number;

(4) [his] the sex offender's current address in [his] the sex offender's state of residence and, if applicable, the address of [his] the sex offender's place of lodging in New Mexico while [he is] working or attending school or an institution of higher education;

(5) [his] the sex offender's place of employment or the name of the school [he] the sex offender is attending;

(6) the sex offense for which [he] the sex offender was convicted; and

(7) the date and place of [his] the sex offense conviction.

E. When a sex offender registers with a county sheriff, the sheriff shall obtain:

(1) a photograph of the sex offender and a complete set of the sex offender's fingerprints;

(2) a description of any tattoos, scars or other distinguishing features on the sex offender's body that would assist in identifying the sex offender; and

(3) a DNA sample [of his DNA] for inclusion in the sex offender DNA identification system pursuant to the provisions of the DNA Identification Act.

F. [When a sex offender who is registered changes his residence within the same county, the sex offender shall send written notice of his change of address to the county sheriff no later than ten days after establishing his new residence.] When any of the registration information required pursuant to Subsection B of this section changes, a sex offender shall, within ten days, provide written notice of the change to the county sheriff.

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

H. When a sex offender 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 sex offender shall register with the county sheriff for each county in which the sex offender is living or temporarily located. The sex offender shall register no later than ten days after a change in [his] living arrangements or temporary location.

I. When a sex offender 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 sex offender shall disclose [his] the sex offender's status as a sex offender in writing to the county sheriff for the county in which the institution of higher education is located, the law enforcement entity responsible for the institution of higher education and 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 sex offender shall also send written notice of any change regarding [his] 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 [his] employment, vocation or enrollment status.

J. When a sex offender 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 sex offender shall disclose [his] the sex offender's status as a sex offender 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 sex offender shall also send written notice of any change regarding [his] enrollment status at a school to the county sheriff and the principal no later than ten days after the change in [his] enrollment status.

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

L. Following [his] initial registration pursuant to the provisions of this section:

(1) a sex offender required to register pursuant to the provisions of Subsection D of Section 29-11A-5 NMSA 1978 shall renew [his] registration with the county sheriff not less than once in each ninety-day period following the date of the sex offender's initial registration for the entirety of [his] the sex offender's natural life; and

(2) a sex offender required to register pursuant to the provisions of Subsection E of Section 29-11A-5 NMSA 1978 shall annually renew [his] the sex offender's registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of ten years.

M. Notwithstanding the provisions of Paragraph (2) of Subsection L of this section, if a sex offender is convicted a second or subsequent time for a sex offense set forth in Subsection E of Section 29-11A-5 NMSA 1978, [he] the sex offender shall renew [his] registration with the county sheriff not less than once in each ninety-day period following the date of the sex offender's initial registration for the entirety of [his] the sex offender's natural life.

N. A sex offender who willfully or knowingly fails to comply with the registration 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. A sex offender who willfully or knowingly fails to comply with the registration requirements set forth in this section after a first or subsequent conviction for a violation pursuant to this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. The willful failure to comply with any registration requirement set forth in this section shall be deemed part of a continuing transaction or occurrence. 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.

O. A sex offender who willfully or knowingly provides false information when complying with the registration 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. A sex offender who willfully or knowingly provides false information when complying with the registration requirements set forth in this section after a first or subsequent conviction for a violation pursuant to this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. The willful providing by a sex offender of false information with respect to the registration requirements set forth in this section shall be deemed part of a continuing transaction or occurrence. 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 2. Section 29-11A-7 NMSA 1978 (being Laws 1995, Chapter 106, Section 7, as amended) is amended to read:

"29-11A-7. NOTICE TO SEX OFFENDERS OF DUTY TO

A. A court shall provide a sex offender convicted in that court with written notice of [his] the sex offender's duty to register pursuant to the provisions of the Sex Offender Registration and Notification Act. The written notice shall be included in judgment and sentence forms provided to the sex offender. The written notice shall inform the sex offender that [he] the sex offender is required to:

(1) register with the county sheriff for the county in which the sex offender will reside or, if the sex offender will not have an established residence, with the county sheriff for each county in which the sex offender will live or be temporarily located pursuant to the provisions of the Sex Offender Registration and Notification Act;

(2) report subsequent changes of [address] registration information pursuant to the provisions of the Sex Offender Registration and Notification Act;

(3) notify the county sheriff of the county [he] the sex offender resides in if the sex offender intends to move to another state and that the sex offender is required to register in the other state pursuant to the provisions of the Sex Offender Registration and Notification Act;

(4) disclose [his] the sex offender's status as a sex offender in writing when [he] the sex offender begins employment, begins a 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 pursuant to the provisions of the Sex Offender Registration and Notification Act;

(5) provide written notice of any change regarding [his] the sex offender's employment, vocation or enrollment status at an institution of higher education to the county sheriff, the law enforcement entity and the registrar pursuant to the provisions of the Sex Offender Registration and Notification Act;

(6) disclose [his] the sex offender's status as a sex offender in writing, when [he] the sex offender 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 pursuant to the provisions of the Sex Offender Registration and Notification Act;

(7) provide written notice of any change regarding [his] the sex offender's enrollment status at a public or private school in New Mexico to the county sheriff and the principal of the school pursuant to the provisions of the Sex Offender Registration and Notification Act;

(8) disclose [his] the sex offender's status as a sex offender in writing to [his] the sex offender's employer, supervisor or other person similarly situated when [he] the sex offender begins employment, begins a vocation or volunteers [his] the sex offender's services, regardless of whether the sex offender receives payment or other compensation, pursuant to the provisions of the Sex Offender Registration and Notification Act; and

(9) read and sign a form that indicates that the sex offender has received the written notice and that a responsible court official, designated by the chief judge for that judicial district, has explained the written notice to the sex offender.

B. The corrections department, a municipal or county jail or a detention center, at the time of release of a sex offender in its custody, shall provide a written notice to the sex offender of [his] the sex offender's duty to register, pursuant to the provisions of the Sex Offender Registration and Notification Act. The written notice shall inform the sex offender that [he] the sex offender is required to:

(2) report subsequent changes of [address] registration information pursuant to the provisions of the Sex Offender Registration and Notification Act;

(9) read and sign a form that indicates that the sex offender has received the written notice and that 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 sex offender.

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

D. The department of public safety, at the time it is notified by officials from another state that a sex offender will be establishing residence in New Mexico, shall provide written notice to the sex offender of [his] the sex offender's duty to register pursuant to the provisions of the Sex Offender Registration and Notification Act."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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