46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO LAW ENFORCEMENT; REVISING REGISTRATION REQUIREMENTS FOR SEX OFFENDERS; AMENDING A SECTION OF THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT; DECLARING AN EMERGENCY.
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 current 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 or being placed on probation or parole, or if he departs the county prior to the passage of ten days, he shall register with the county sheriff prior to his departure. A sex offender who changes his residence to New Mexico shall register with the county sheriff no later than ten days after establishing residence in this state, or if he departs the county prior to the passage of ten days, he shall register with the county sheriff prior to his departure. When a sex offender registers with the county sheriff, he shall provide the following registration information:
(1) his legal name and any other names or aliases that he is using or has used;
(2) his date of birth;
(3) his social security number;
(4) his current address;
(5) his place of employment;
(6) motor vehicle registration information for all motor vehicles that the sex offender owns;
[(6)] (7) the sex offense for which he was
convicted; and
[(7)] (8) the date and place of his sex
offense conviction.
C. A sex offender who is a resident of another state but who is employed in New Mexico or attending school in New Mexico shall register with the county sheriff for the county in which the sex offender is working or attending school.
D. A sex offender who is a resident of another state but who is employed in New Mexico or attending school 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 shall provide the following registration information:
(1) his legal name and any other names or aliases that he is using or has used;
(2) his date of birth;
(3) his social security number;
(4) his current address in his state of residence and, if applicable, the address of his place of lodging in New Mexico while he is working or attending school;
(5) his place of employment or the name of the school he is attending;
(6) motor vehicle registration information for all motor vehicles that the sex offender owns;
[(6)] (7) the sex offense for which he was
convicted; and
[(7)] (8) the date and place of his 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; and
(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.
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.
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 new residence, or if he departs the county prior to the passage of ten days, he shall register with the county sheriff prior to his departure. The sex offender shall also send written notice of the change in residence to the county sheriff with whom he last registered no later than ten days after establishing his new residence.
H. When a sex offender who is registered subsequently becomes employed, begins a vocation or enrolls as a student at an institution of higher education, the sex offender shall send written notice of that status to the county sheriff no later than ten days after becoming employed, beginning a vocation or enrolling at an institution of higher education. The sex offender shall also send written notice of any change regarding his employment, vocation or enrollment status to the county sheriff no later than ten days after the change in his employment, vocation or enrollment status.
[H.] I. 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 annually renew his registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of twenty years; 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 registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of ten years.
[I.] J. A sex offender who willfully 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.
[J.] K. A sex offender who willfully 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."
Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.