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SPONSOR: |
King |
DATE TYPED: |
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HB |
748 |
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SHORT TITLE: |
Sex Offender Registration |
SB |
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ANALYST: |
Fox-Young |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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|
|
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$0.1 Significant |
Significant |
General
Fund |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Attorney
General (AG)
Administrative
Office of the Courts (AOC)
Corrections
Department (CD)
SUMMARY
Synopsis
of Bill
House Bill 748 amends Section 29-11A-4 NMSA of the Sex
Offender Registration and Notification Act.
The current statute requires sex offenders to register with the county
sheriff no later than ten days after being released from the custody of the
Corrections Department (CD) or being placed on probation or parole. The bill adds a requirement that a sex offender
register with the sheriff prior to his departure if he departs the county prior
to the passage of ten days.
Registration information shall include motor
vehicle registration information for all motor vehicles that the sex offender
owns. The same motor vehicle
registration information is required of an offender who is a resident of
another state but is employed in or attending school in
A registered sex offender who becomes employed, begins a vocation or enrolls at an institution of higher education shall send written notice of that status no later than ten days after becoming employed, beginning a vocation or registration. The same time limitation for providing written
notice applies when there is any change in the sex offender’s employment, vocational or registration status.
The bill contains an
emergency clause.
Significant
Issues
The Attorney General (AG) notes that any
amendments to the Act implicate constitutional challenges currently pending in
the New Mexico Supreme Court and the New Mexico Court of Appeals. AG reports that relevant cases include Doe
v. Department of Public Safety, NMSC No. 27,854; State v. Brothers,
NMSC 27,739; State v. Furr, NMSC No. 27,561; and State v. Druktenis,
NMCOA No. 22, 437. In addition, two
cases pending in the United States Supreme Court will affect sex offender
registration acts. These cases are Doe
v. Dept. of Public Safety, 271 F.3d 38 (2nd Cir. 2001) (due
process challenge to
AG notes that the language of the bill appears
to require offenders to register upon every crossing of a county border, even
if for limited travel.
It appears that the legislation is intended to
restrict sex offenders from evading registration. If that is the case, the bill might include
language indicating that an individual must register if he departs the county
with the intent to return.
Enforcement of the registration requirements
will pose a significant burden for sheriffs’ departments throughout the
state.
FISCAL IMPLICATIONS
The Corrections Department (CD) notes that the
provisions of the bill will likely increase the number of sex offenders who
fail to register or provide false information when registering (fourth degree felonies). As a result, CD estimates a slight increase
in the prison population as well as in the number of offenders on probation or
parole.
Relates to/Conflicts with HB 449 (Additional registration requirements, lengthens registration periods); Conflicts with SB 569 (Provides for sex offender registration within 24 hours)
TECHNICAL ISSUES
AOC suggests that the statute require
information regarding all vehicles owned or operated by the offender.
AG recommends including a provision defining
“owns,” particularly if the Legislature intends that the statute cover partial
ownership. JCF/njw