SENATE BILL 580
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Pete Campos
AN ACT
RELATING TO LAW ENFORCEMENT; ENACTING THE CHILD ABUSER REGISTRATION AND NOTIFICATION ACT; CREATING A REGISTRY OF CHILD ABUSERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Child Abuser Registration and Notification Act".
Section 2. DEFINITIONS.--As used in the Child Abuser Registration and Notification Act:
A. "child abuser" means a person eighteen years or older convicted of abuse of a child who:
(1) is a resident of New Mexico;
(2) changes his residence to New Mexico after being convicted of a child abuse offense in another state pursuant to state, federal or military law; or
(3) is a resident of another state but is employed full- or part-time in New Mexico for fourteen days or more or for an aggregate period of time exceeding thirty days during any calendar year or is enrolled as a student in New Mexico;
B. "department" means the department of public safety; and
C. "register" means providing the information required by statute to the county sheriff.
Section 3. REGISTRATION OF CHILD ABUSERS--INFORMATION REQUIRED--CRIMINAL PENALTY FOR NONCOMPLIANCE.--
A. A child abuser residing in this state shall register with the county sheriff for the county in which the child abuser resides. A child abuser employed or attending school in New Mexico but who is a resident of another state shall register with the county sheriff for the county in which the child abuser resides.
B. A child abuser who is a current New Mexico resident 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. A child abuser who changes residence to New Mexico shall register with the county sheriff no later than ten days after establishing residence in New Mexico. A child abuser shall register the following personal information with the county sheriff:
(1) legal name and other names or aliases that have been used;
(2) date of birth;
(3) social security number;
(4) current address;
(5) name and place of employer or school;
(6) the offense on which the conviction was based; and
(7) the date and place of the child abuse offense.
C. A county sheriff registering a child abuser shall obtain a photograph, a complete set of the abuser's fingerprints and a description of any tattoos, scars or other distinguishing features on the child abuser's body.
D. When a registered child abuser moves within the same county, the child abuser shall send written notice of the change of address to the county sheriff no later than ten days after establishing the new residence.
E. When a registered child abuser moves outside the county of registration, the child abuser shall register in the new county within ten days of establishing residence in the new county and shall send written notice to the county sheriff of the county of original registration.
G. Following initial registration pursuant to the provisions of this section, a child abuser convicted of child abuse resulting in death or great bodily harm shall renew the registration prior to December 31 of each subsequent calendar year for twenty years.
H. Following the initial registration pursuant to the provisions of this section, a child abuser convicted of child abuse that does not result in death or great bodily harm shall renew the registration prior to December 31 of each subsequent calendar year for ten years.
I. A child abuser 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. A child abuser 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 4. PROCEDURES WHEN A CHILD ABUSER MOVES FROM NEW MEXICO TO ANOTHER STATE--CRIMINAL PENALTY FOR NONCOMPLIANCE.--
A. No later than thirty days prior to moving to another state, a child abuser shall:
(1) notify the county sheriff of the county of residence that a move is planned; and
(2) provide the county sheriff with a written notice identifying the state to which the child abuser is moving.
B. Within five days of receiving a child abuser's written notice of intent to move to another state, the county sheriff shall transmit that information to the department. Within five days of receiving that information from a county sheriff, the department shall contact the state agency responsible for registering child abusers in the state to which the child abuser is moving. The department shall provide the new state with the child abuser's registration information. The department shall also obtain information on registration requirements for child abusers in the state to which the child abuser is moving and provide the child abuser with such information.
C. A child abuser who willfully fails to comply with the requirements set forth in this section is guilty of a misdemeanor and shall be punished by imprisonment for a definite term less than one year or a fine of not more than one thousand dollars ($1,000) or both.
Section 5. LOCAL REGISTRY--CENTRAL REGISTRY--ADMINISTRATION BY DEPARTMENT--RULES.--
A. A county sheriff shall maintain a local registry of child abusers in the county who are required to register pursuant to the provisions of the Child Abuser Registration and Notification Act.
B. The county sheriff shall forward registration information obtained from child abusers to the department. The initial registration information and any new registration information obtained from a child abuser shall be forwarded by the county sheriff no later than ten working days after the information is obtained. If the department receives information about a child abuser from a governmental entity other than a county sheriff, the department shall send that information to the sheriff for the county in which the child abuser resides.
C. The department shall maintain a central registry of child abusers required to register pursuant to the provisions of the Child Abuser Registration and Notification Act and shall permit public access to the registry.
D. The department shall retain registration information regarding an offender convicted of child abuse resulting in death or great bodily harm for a period of twenty years following the conviction.
E. The department shall retain registration information regarding an offender convicted of child abuse not resulting in death or great bodily harm for a period of ten years following the conviction.
F. The department shall adopt rules necessary to carry out the provisions of the Child Abuser Registration and Notification Act.
Section 6. NOTICE TO CHILD ABUSERS OF DUTY TO REGISTER.--
A. A court shall provide a child abuser convicted in that court with written notice of the duty to register pursuant to the provisions of the Child Abuser Registration and Notification Act. The corrections department shall provide a written notice with the same provisions to the child abuser on release from prison. The written notice shall be included in judgment and sentence forms provided by the court to the child abuser and in release forms provided by the corrections department. The written notice shall inform the child abuser that it is necessary thereafter to:
(1) register with the county sheriff in the county in which the child abuser will reside;
(2) report subsequent changes of address pursuant to the Child Abuser Registration and Notification Act;
(3) notify the sheriff in the county of residence when a move to another state is planned and register on reaching the new state; and
(4) read and sign a form indicating receipt of the written notice and listen to an explanation of the requirements of the Child Abuser Registration and Notification Act by a person appointed by the chief judge for the district in which the child abuser was convicted.
B. The court and the corrections department shall also provide written notification about the release of the child abuser to the sheriff of the county in which the child abuser is released and to the department.
Section 7. IMMUNITY.--Nothing in the Child Abuser Registration and Notification 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 the act.
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