0001| SENATE BILL 252 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MARY JANE M. GARCIA | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO LAW ENFORCEMENT; PROVIDING THAT A DELINQUENT CHILD | 0012| ADJUDICATED FOR A SEX OFFENSE BE SUBJECT TO THE PROVISIONS OF | 0013| THE SEX OFFENDER REGISTRATION ACT; PROVIDING PENALTIES; | 0014| AMENDING SECTIONS OF THE SEX OFFENDER REGISTRATION ACT. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 29-11A-1 NMSA 1978 (being Laws 1995, | 0018| Chapter 106, Section 1) is amended to read: | 0019| "29-11A-1. SHORT TITLE. ~~[This act]~~ Chapter 29, Article | 0020| 11A NMSA 1978 may be cited as the "Sex Offender Registration | 0021| Act"." | 0022| Section 2. Section 29-11A-2 NMSA 1978 (being Laws 1995, | 0023| Chapter 106, Section 2) is amended to read: | 0024| "29-11A-2. FINDINGS--PURPOSE.-- | 0025| A. The legislature finds that: | 0001| (1) sex offenders pose a significant risk of | 0002| recidivism; and | 0003| (2) the efforts of law enforcement agencies to | 0004| protect their communities from sex offenders are impaired by | 0005| the lack of information available concerning convicted sex | 0006| offenders who live within the agencies' ~~[jurisdiction]~~ | 0007| jurisdictions. | 0008| B. The purpose of the Sex Offender Registration Act | 0009| is to assist law enforcement agencies' efforts to protect their | 0010| communities by: | 0011| (1) requiring sex offenders to register with | 0012| the county sheriff of the county in which the sex offender | 0013| resides; and | 0014| (2) requiring the establishment of a central | 0015| registry for sex offenders." | 0016| Section 3. Section 29-11A-3 NMSA 1978 (being Laws 1995, | 0017| Chapter 106, Section 3) is amended to read: | 0018| "29-11A-3. DEFINITIONS.--As used in the Sex Offender | 0019| Registration Act: | 0020| A. "sex offender" means: | 0021| (1) a person convicted of a sex offense on or | 0022| after July 1, 1995; ~~[or]~~ | 0023| (2) a person who changes his residence to New | 0024| Mexico, when that person has been convicted of a sex offense in | 0025| another state on or after July 1, 1995; ~~[and]~~ | 0001| (3) a delinquent child adjudicated for a sex | 0002| offense on or after July 1, 1997; or | 0003| (4) a delinquent child who changes his | 0004| residence to New Mexico, when that delinquent child has been | 0005| adjudicated for a sex offense in another state on or after July | 0006| 1, 1997; and | 0007| B. "sex offense" means: | 0008| (1) criminal sexual penetration in the first, | 0009| second, third or fourth degree, as provided in Section 30-9-11 | 0010| | 0011| NMSA 1978; | 0012| (2) criminal sexual contact in the fourth | 0013| degree, as provided in Section 30-9-12 NMSA 1978; | 0014| (3) criminal sexual contact of a minor in | 0015| the third or fourth degree, as provided in Section 30-9-13 | 0016| NMSA 1978; | 0017| (4) sexual exploitation of children, as | 0018| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978; | 0019| or | 0020| (5) sexual exploitation of children by | 0021| prostitution, as provided in Section 30-6A-4 NMSA 1978." | 0022| Section 4. Section 29-11A-4 NMSA 1978 (being Laws 1995, | 0023| Chapter 106, Section 4) is amended to read: | 0024| "29-11A-4. REGISTRATION OF SEX OFFENDERS--INFORMATION | 0025| REQUIRED--CRIMINAL PENALTY FOR NONCOMPLIANCE.-- | 0001| A. A sex offender residing in this state shall | 0002| register with the county sheriff for the county in which the | 0003| sex offender resides. | 0004| B. A sex offender who is a current resident of New | 0005| Mexico shall register with the county sheriff no later than | 0006| thirty days after being released from the custody of the | 0007| corrections department or the children, youth and families | 0008| department or being placed on probation or parole. A sex | 0009| offender who changes his residence to New Mexico shall | 0010| register with the county sheriff no later than forty-five days | 0011| after establishing residence in this state. When a sex | 0012| offender registers with the county sheriff, he shall provide | 0013| the following information: | 0014| (1) his legal name and any other names or | 0015| aliases that ~~[the sex offender]~~ he is using or has used; | 0016| (2) his date of birth; | 0017| (3) his social security number; | 0018| (4) his current address; | 0019| (5) his place of employment; | 0020| (6) the sex offense for which he was | 0021| convicted or adjudicated delinquent; and | 0022| (7) the date and place of his sex offense | 0023| conviction or adjudication. | 0024| C. When a sex offender registers with a county | 0025| sheriff, the sheriff shall obtain: | 0001| (1) a photograph of the sex offender and a | 0002| complete set of the sex offender's fingerprints; and | 0003| (2) a description of any tattoos, scars or | 0004| other distinguishing features on the sex offender's body that | 0005| would assist in identifying the sex offender. | 0006| D. When a sex offender who is registered changes | 0007| his residence within the same county, the sex offender shall | 0008| send written notice of his change of address to the county | 0009| sheriff no later than ten days after establishing his new | 0010| residence. | 0011| E. When a sex offender who is registered changes | 0012| his residence to a new county in New Mexico, the sex offender | 0013| shall register with the county sheriff of the new county no | 0014| later than ten days after establishing his new residence. The | 0015| sex offender shall also send written notice of the change in | 0016| residence to the county sheriff with whom he last registered | 0017| no later than ten days after establishing his new residence. | 0018| F. If the sex offender is a delinquent child, as | 0019| provided in Paragraph (3) or (4) of Subsection A of Section | 0020| 29-11A-3 NMSA 1978, the sex offender's guardian or custodian | 0021| shall be responsible for complying with the registration | 0022| requirements set forth in the Sex Offender Registration Act, | 0023| until the sex offender reaches eighteen years of age. When | 0024| the sex offender reaches eighteen years of age, he shall be | 0025| responsible for complying with the registration requirements | 0001| set forth in the Sex Offender Registration Act. | 0002| ~~[F.]~~ G. A sex offender or a sex offender's | 0003| guardian or custodian who willfully fails to comply with the | 0004| registration requirements set forth in this section is guilty | 0005| of a misdemeanor and shall be punished by imprisonment for a | 0006| definite term less than one year or a fine of not more than | 0007| one thousand dollars ($1,000) or both. | 0008| ~~[G.]~~ H. A sex offender or a sex offender's | 0009| guardian or custodian who provides false information when | 0010| complying with the registration requirements set forth in this | 0011| section is guilty of a misdemeanor and shall be punished by | 0012| imprisonment for a definite term less than one year or a fine | 0013| of not more than one thousand dollars ($1,000) or both." | 0014| Section 5. Section 29-11A-5 NMSA 1978 (being Laws 1995, | 0015| Chapter 106, Section 5) is amended to read: | 0016| "29-11A-5. LOCAL REGISTRY--CENTRAL REGISTRY-- | 0017| ADMINISTRATION BY DEPARTMENT OF PUBLIC SAFETY--EXCHANGE OF | 0018| REGISTRATION INFORMATION WITH OTHER STATES--RULES AND | 0019| REGULATIONS.-- | 0020| A. A county sheriff may maintain a local registry | 0021| of sex offenders in his jurisdiction required to register | 0022| pursuant to the provisions of the Sex Offender Registration | 0023| Act. | 0024| B. The county sheriff shall forward registration | 0025| information obtained from sex offenders to the department of | 0001| public safety. The registration information shall be | 0002| forwarded by the county sheriff no later than ten working days | 0003| after the information is obtained from a sex offender. | 0004| C. The department of public safety shall maintain | 0005| a central registry of sex offenders required to register | 0006| pursuant to the provisions of the Sex Offender Registration | 0007| Act. The department may enter into interstate compact | 0008| agreements providing for the exchange of information regarding | 0009| sex offenders, provided that the other state does not permit | 0010| dissemination of information regarding sex offenders to any | 0011| persons or entities other than law enforcement agencies. | 0012| D. The department of public safety shall retain | 0013| registration information regarding sex offenders convicted or | 0014| adjudicated delinquent for the following sex offenses for a | 0015| period of twenty years following the sex offender's | 0016| conviction, release from prison or release from probation or | 0017| parole, whichever occurs later: | 0018| (1) criminal sexual penetration in the first | 0019| or second degree, as provided in Section 30-9-11 NMSA 1978; | 0020| (2) criminal sexual contact of a minor in | 0021| the third degree, as provided in Section 30-9-13 NMSA 1978; or | 0022| (3) sexual exploitation of children, as | 0023| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978. | 0024| E. The department of public safety shall retain | 0025| registration information regarding sex offenders convicted or | 0001| adjudicated delinquent for the following offenses for a | 0002| period of ten years following the sex offender's conviction, | 0003| release from prison or release from probation or parole, | 0004| whichever occurs later: | 0005| (1) criminal sexual penetration in the third | 0006| or fourth degree, as provided in Section 30-9-11 NMSA 1978; | 0007| (2) criminal sexual contact in the fourth | 0008| degree, as provided in Section 30-9-12 NMSA 1978; | 0009| (3) criminal sexual contact of a minor in | 0010| the fourth degree, as provided in Section 30-9-13 NMSA 1978; | 0011| or | 0012| (4) sexual exploitation of children by | 0013| prostitution, as provided in Section 30-6A-4 NMSA 1978. | 0014| F. The department of public safety shall adopt | 0015| rules and regulations necessary to carry out the provisions of | 0016| the Sex Offender Registration Act." | 0017| Section 6. Section 29-11A-7 NMSA 1978 (being Laws 1995, | 0018| Chapter 106, Section 7) is amended to read: | 0019| "29-11A-7. NOTICE TO SEX OFFENDERS OF DUTY TO | 0020| REGISTER.-- | 0021| A. A court shall provide a sex offender | 0022| adjudicated guilty or delinquent in that court with written | 0023| notice of his duty to register pursuant to the provisions of | 0024| the Sex Offender Registration Act. ~~[The written notice shall~~ | 0025| ~~be included in judgment and sentence forms provided to the sex~~ | 0001| ~~offender.]~~ | 0002| B. The corrections department or the children, | 0003| youth and families department, at the time of release of a | 0004| sex offender in the department's custody, shall provide | 0005| written notification to the sex offender or the sex | 0006| offender's guardian or custodian of his duty to register | 0007| pursuant to the provisions of the Sex Offender Registration | 0008| Act. The corrections department or the children, youth and | 0009| families department shall also provide written notification | 0010| regarding a sex offender's release to the sheriff of the | 0011| county in which the sex offender is released. | 0012| C. The department of public safety, at the time it | 0013| is notified by officials from another state that a sex | 0014| offender will be establishing residence in New Mexico, shall | 0015| provide written notification to the sex offender or the sex | 0016| offender's guardian or custodian of his duty to register | 0017| pursuant to the provisions of the Sex Offender Registration | 0018| Act." | 0019| Section 7. EFFECTIVE DATE.--The effective date of the | 0020| provisions of this act is July 1, 1997. | 0021| |