SENATE BILL 204
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Joseph J. Carraro
AN ACT
RELATING TO LAW ENFORCEMENT; REVISING THE DEFINITION OF "SEX OFFENDER"; REDUCING THE TIME SEX OFFENDERS HAVE BEFORE THEY HAVE TO REGISTER WITH THE COUNTY SHERIFF; LENGTHENING REGISTRATION PERIODS FOR CERTAIN SEX OFFENDERS; REQUIRING A SEX OFFENDER TO PROVIDE ADDITIONAL REGISTRATION INFORMATION; AMENDING SECTIONS OF THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTIONS OF LAW IN LAWS 2007; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 29-11A-2 NMSA 1978 (being Laws 1995, Chapter 106, Section 2, as amended) is amended to read:
"29-11A-2. FINDINGS--PURPOSE.--
A. The legislature finds that:
(1) sex offenders pose a significant risk of recidivism; and
(2) the efforts of law enforcement agencies to protect their communities from sex offenders are impaired by the lack of information available concerning convicted sex offenders who live within the agencies' jurisdictions.
B. The purpose of the Sex Offender Registration and Notification Act is to assist law enforcement agencies' efforts to protect their communities by:
(1) requiring a sex [offenders] offender who [are residents] is a resident of New Mexico to register with the [county] sheriff of the county in which the sex offender resides;
(2) requiring a sex [offenders] offender who [are residents] is a resident in [other states] another state, but who [are] is employed in New Mexico, [or who attend] attends school in New Mexico or visits New Mexico for more than seventy-two hours, to register with the [county] sheriff of the county in which the sex offender visits, works or attends school;
(3) requiring the establishment of a central registry for sex offenders; and
(4) providing public access to information regarding certain registered sex offenders."
Section 2. Section 29-11A-3 NMSA 1978 (being Laws 1995, Chapter 106, Section 3, as amended by Laws 2007, Chapter 68, Section 1 and by Laws 2007, Chapter 69, Section 5) is amended to read:
"29-11A-3. DEFINITIONS.--As used in the Sex Offender Registration and Notification Act:
A. "conviction" means a conviction in any court of competent jurisdiction and includes a deferred sentence, but does not include a conditional discharge;
B. "institution of higher education" means a:
(1) private or public post-secondary educational institution;
(2) trade school; or
(3) professional school;
C. "registration requirement" means any requirement set forth in Section 29-11A-4 NMSA 1978 that requires a sex offender to register, provide information, including a DNA sample, renew, revise or change registration information or provide written notice or disclosure regarding the sex offender's status as a sex offender;
D. "sex offender" means a person who:
(1) is a resident of New Mexico who is convicted of a sex offense pursuant to state, federal, tribal or military law;
(2) changes residence to New Mexico, when that person has been convicted of a sex offense pursuant to state, federal, tribal or military law;
(3) does not have an established residence in New Mexico, but lives in a shelter, halfway house or transitional living facility or stays in multiple locations in New Mexico and who has been convicted of a sex offense pursuant to state, federal, tribal or military law; or
(4) is a resident of another state and who has been convicted of a sex offense pursuant to state, federal, tribal or military law, but who is:
(a) employed full time or part time in New Mexico for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, including any employment or vocation, whether financially compensated, volunteered or for the purpose of government or educational benefit; [or]
(b) enrolled on a full-time or
part-time basis in a private or public school or an institution of higher education in New Mexico; [and] or
(c) a visitor from another state and will be in New Mexico for more than seventy-two hours; and
E. "sex offense" means any of the following offenses or their equivalents in any other jurisdiction:
(1) aggravated criminal sexual penetration or criminal sexual penetration in the first, second, third or fourth degree, as provided in Section 30-9-11 NMSA 1978;
(2) criminal sexual contact in the fourth degree, as provided in Section 30-9-12 NMSA 1978;
(3) criminal sexual contact of a minor in the second, third or fourth degree, as provided in Section
30-9-13 NMSA 1978;
(4) sexual exploitation of children, as provided in Section 30-6A-3 NMSA 1978;
(5) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978;
(6) kidnapping, as provided in Section
30-4-1 NMSA 1978, when the victim is less than eighteen years of age and the offender is not a parent of the victim;
(7) false imprisonment, as provided in Section 30-4-3 NMSA 1978, when the victim is less than eighteen years of age and the offender is not a parent of the victim;
(8) aggravated indecent exposure, as provided in Section 30-9-14.3 NMSA 1978;
(9) enticement of child, as provided in Section 30-9-1 NMSA 1978;
(10) incest, as provided in Section 30-10-3 NMSA 1978, when the victim is less than eighteen years of age;
(11) child solicitation by electronic communication device, as provided in Section 30-37-3.2 NMSA 1978;
(12) solicitation to commit criminal sexual contact of a minor in the second, third or fourth degree, as provided in Sections 30-9-13 and 30-28-3 NMSA 1978; or
(13) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (10) of this subsection, as provided in Section 30-28-1 NMSA 1978."
Section 3. 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] seventy-two hours 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] seventy-two hours 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 current address] the addresses of all residences of the sex offender, specifying which address is the sex offender's primary residence;
(5) [his] the sex offender's place of employment;
(6) the sex offense for which [he] the sex offender was convicted; [and]
(7) the date and place of [his] the sex offense conviction; and
(8) the sex offender's motor vehicle registration information with a description of all motor vehicles that are owned in full or in part by the sex offender or that the sex offender may use.
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 or visiting 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 or visiting New Mexico.
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 or visiting New Mexico shall register with the county sheriff no later than [ten days] seventy-two hours after beginning work, [or] school or the visit. 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; and
(8) the sex offender's motor vehicle registration information and a description of all motor vehicles that the sex offender may use in New Mexico.
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] the change of address to the county sheriff [no later than ten days after] prior to establishing [his] the 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] seventy-two hours after establishing [his] the new residence, including proof of 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] seventy-two hours after establishing [his] the new residence, including proof of 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] seventy-two hours 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] seventy-two hours 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] seventy-two hours 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] seventy-two hours 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] seventy-two hours 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] not less than once in each ninety-day period following the date of the sex offender's initial registration for a period of [ten] twenty 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 4. Section 29-11A-4.1 NMSA 1978 (being Laws 2000, Chapter 8, Section 6, as amended) is amended to read:
"29-11A-4.1. PROCEDURES WHEN A SEX OFFENDER MOVES FROM NEW MEXICO TO ANOTHER STATE.--
A. If a sex offender intends to move from New Mexico to another state, no later than thirty days prior to moving to the other state, [he] the sex offender shall:
(1) notify the [county] sheriff of the county [he] the sex offender resides in that [he] the sex offender is moving to the other state; and
(2) provide the county sheriff with a written notice that identifies the [state] new address of the residence to which the sex offender is moving.
B. Within five days of receiving a sex offender's written notice of intent to move to another state, the county sheriff shall transmit that information to the department of public safety. Within five days of receiving that information from a county sheriff, the department shall contact the state agency responsible for registering sex offenders in the state to which the sex offender is moving. The department shall provide that state agency with registration information regarding the sex offender. The department shall also obtain information regarding registration requirements for sex offenders in the state to which the sex offender is moving. The department shall provide the sex offender with written notification of the registration requirements in the state to which the sex offender is moving.
C. A sex offender who willfully fails to comply with the 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 5. Section 29-11A-5 NMSA 1978 (being Laws 1995, Chapter 106, Section 5, as amended by Laws 2007, Chapter 68, Section 2 and by Laws 2007, Chapter 69, Section 6) is amended to read:
"29-11A-5. LOCAL REGISTRY--CENTRAL REGISTRY--ADMINISTRATION BY DEPARTMENT OF PUBLIC SAFETY--PARTICIPATION IN THE NATIONAL SEX OFFENDER REGISTRY--RULES.--
A. A county sheriff shall maintain a local registry of sex offenders in the sheriff's jurisdiction required to register pursuant to the provisions of the Sex Offender Registration and Notification Act.
B. The county sheriff shall forward:
(1) registration information obtained from sex offenders to the department of public safety. The initial registration information and any new registration information subsequently obtained from a sex offender shall be forwarded by the county sheriff no later than ten working days after the information is obtained from a sex offender. If the department of public safety receives information regarding a sex offender from a governmental entity other than a county sheriff, the department shall send that information to the sheriff for the county in which the sex offender resides; and
(2) samples of DNA obtained from sex offenders to the administrative center for the sex offender DNA identification system pursuant to the provisions of the DNA Identification Act.
C. The department of public safety shall maintain a central registry of sex offenders required to register pursuant to the provisions of the Sex Offender Registration and Notification Act. The department shall participate in the national sex offender registry administered by the United States department of justice. The department shall send conviction information and fingerprints for all sex offenders registered in New Mexico to the national sex offender registry administered by the United States department of justice and to the federal bureau of investigation.
D. The department of public safety shall retain registration information regarding a sex offender convicted for any of the following sex offenses for the entirety of the sex offender's natural life:
(1) aggravated criminal sexual penetration or criminal sexual penetration in the first, second or third degree, as provided in Section 30-9-11 NMSA 1978;
(2) criminal sexual contact of a minor in the second, third or fourth degree, as provided in Section
30-9-13 NMSA 1978;
(3) sexual exploitation of children, as provided in Section 30-6A-3 NMSA 1978;
(4) kidnapping, as provided in Section
30-4-1 NMSA 1978, when the victim is less than eighteen years of age and the offender is not a parent of the victim;
(5) criminal sexual contact in the fourth degree, as provided in Section 30-9-12 NMSA 1978; [or]
(6) aggravated indecent exposure, as provided in Section 30-9-14.3 NMSA 1978;
(7) enticement of child, as provided in Section 30-9-1 NMSA 1978; or
[(6)] (8) attempt to commit any of the sex offenses set forth in Paragraphs (1) through [(5)] (7) of this subsection, as provided in Section 30-28-1 NMSA 1978.
E. The department of public safety shall retain registration information regarding a sex offender convicted for the following offenses for a period of [ten] twenty years following the sex offender's conviction, release from prison or release from probation or parole, whichever occurs later:
(1) criminal sexual penetration in the fourth degree, as provided in Section 30-9-11 NMSA 1978;
(2) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978;
(3) false imprisonment, as provided in Section 30-4-3 NMSA 1978, when the victim is less than eighteen years of age and the offender is not a parent of the victim;
[(4) aggravated indecent exposure, as provided in Section 30-9-14.3 NMSA 1978;
(5) enticement of child, as provided in Section 30-9-1 NMSA 1978;
(6)] (4) incest, as provided in Section
30-10-3 NMSA 1978, when the victim is less than eighteen years of age;
[(7)] (5) solicitation to commit criminal sexual contact of a minor in the second, third or fourth degree, as provided in Sections 30-9-13 and 30-28-3 NMSA 1978;
[(8)] (6) child solicitation by electronic communication device, as provided in Section 30-37-3.2 NMSA 1978; or
[(9)] (7) attempt to commit any of the sex offenses set forth in Paragraphs (1) through [(6)] (4) of this subsection, as provided in Section 30-28-1 NMSA 1978.
F. Notwithstanding the provisions of Subsection E of this section, if a sex offender is convicted a second or subsequent time for a sex offense set forth in that subsection, the department of public safety shall retain information regarding the sex offender for the entirety of the sex offender's natural life.
G. The department of public safety shall adopt rules necessary to carry out the provisions of the Sex Offender Registration and Notification Act. Rules necessary for the collection of DNA samples and the administration and operation of the sex offender DNA identification system shall be adopted by the DNA identification system oversight committee pursuant to the provisions of the DNA Identification Act."
Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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