HB0437

HOUSE BILL 437

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Monica Youngblood

AN ACT

RELATING TO HUMAN TRAFFICKING; ADDING ATTEMPT TO THE CRIME OF HUMAN TRAFFICKING; EXPANDING THE DEFINITION OF "HUMAN TRAFFICKING"; PROVIDING THAT CERTAIN PROVISIONS OF THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT APPLY TO HUMAN TRAFFICKERS; REQUIRING THE DEPARTMENT OF PUBLIC SAFETY, COUNTY SHERIFFS AND OTHERS TO OBTAIN REGISTRATION INFORMATION; CREATING THE HUMAN TRAFFICKER DNA IDENTIFICATION SYSTEM; INCREASING THE PENALTY FOR HUMAN TRAFFICKING; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTIONS OF LAW IN LAWS 2007.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. 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. "department" means the department of public safety;

C. "human trafficker" means a person who:

(1) is a resident of New Mexico who is convicted of human trafficking for an offense that involves commercial sexual activity pursuant to state, federal, tribal or military law;

(2) changes residence to New Mexico and has been convicted of human trafficking for an offense that involves commercial sexual activity 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 human trafficking for an offense that involves commercial sexual activity pursuant to state, federal, tribal or military law; or

(4) is a resident of another state and has been convicted of human trafficking for an offense that involves commercial sexual activity 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;

D. "human trafficking" means human trafficking involving commercial sexual activity, as provided in Section 30-52-1 NMSA 1978;

[B.] E. "institution of higher education" means a:

(1) private or public post-secondary educational institution;

(2) trade school; or

(3) professional school;

[C.] F. "registration requirement" means any requirement set forth in Section 29-11A-4 NMSA 1978 that requires a sex offender or human trafficker whose human trafficking offense involves commercial sexual activity 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 or the human trafficker's status as a human trafficker involved in commercial sexual activity;

[D.] G. "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:

(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

[E.] H. "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 [(11)] (10) of this subsection, as provided in Section 30-28-1 NMSA 1978."

SECTION 2. 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 AND HUMAN TRAFFICKERS--INFORMATION REQUIRED--CRIMINAL PENALTY FOR NONCOMPLIANCE.--

A. A sex offender or human trafficker residing in this state shall register with the county sheriff for the county in which the sex offender or human trafficker resides.

B. A sex offender or human trafficker who is a 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, 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 or human trafficker who changes [his] residence to New Mexico shall register with the county sheriff no later than ten days after [his] arrival in this state. When a sex offender or human trafficker registers with the county sheriff, [he] the sex offender or human trafficker shall provide the following registration information:

(1) [his] the sex offender's or human trafficker's legal name and any other names or aliases that [he] the sex offender or human trafficker is using or has used;

(2) [his] the sex offender's or human trafficker's date of birth;

(3) [his] the sex offender's or human trafficker's social security number;

(4) [his] the sex offender's or human trafficker's current address;

(5) [his] the sex offender's or human trafficker's place of employment;

(6) the sex offense or human trafficking offense for which [he] the sex offender or human trafficker was convicted; and

(7) the date and place of [his] the sex offense or human trafficking offense conviction.

C. A sex offender or human trafficker 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 shall register with the county sheriff for the county in which the sex offender or human trafficker is working or attending school or an institution of higher education.

D. A sex offender or human trafficker 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 shall register with the county sheriff no later than ten days after beginning work or school. When the sex offender or human trafficker registers with the county sheriff, [he] the sex offender or human trafficker shall provide the following registration information:

(1) [his] the sex offender's or human trafficker's legal name and any other names or aliases that [he] the sex offender or human trafficker is using or has used;

(2) [his] the sex offender's or human trafficker's date of birth;

(3) [his] the sex offender's or human trafficker's social security number;

(4) [his] the sex offender's or human trafficker's current address in [his] the sex offender's or human trafficker's state of residence and, if applicable, the address of [his] the sex offender's or human trafficker'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 or human trafficker's place of employment or the name of the school [he] the sex offender or human trafficker is attending;

(6) the sex offense or human trafficking offense for which [he] the sex offender or human trafficker was convicted; and

(7) the date and place of [his] the sex offense or human trafficking offense conviction.

E. When a sex offender or human trafficker registers with a county sheriff, the sheriff shall obtain:

(1) a photograph of the sex offender or human trafficker and a complete set of the sex offender's or human trafficker's fingerprints;

(2) a description of any tattoos, scars or other distinguishing features on the sex offender's or human trafficker's body that would assist in identifying the sex offender or human trafficker; and

(3) a DNA sample [of his DNA] for inclusion in the sex offender DNA identification system or the human trafficker DNA identification system pursuant to the provisions of the DNA Identification Act.

F. When a sex offender or human trafficker who is registered changes [his] residence within the same county, the sex offender or human trafficker shall send written notice of [his] the change of address to the county sheriff no later than ten days after establishing [his] the new residence.

G. When a sex offender or human trafficker who is registered changes [his] residence to a new county in New Mexico, the sex offender or human trafficker shall register with the county sheriff of the new county no later than ten days after establishing [his] the new residence. The sex offender or human trafficker shall also send written notice of the change in residence to the county sheriff with whom [he] the sex offender or human trafficker last registered no later than ten days after establishing [his] the new residence.

H. When a sex offender or human trafficker 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 or human trafficker shall register with the county sheriff for each county in which the sex offender or human trafficker is living or temporarily located. The sex offender or human trafficker shall register no later than ten days after a change in [his] living arrangements or temporary location.

I. When a sex offender or human trafficker 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 or human trafficker shall disclose [his] the sex offender's status as a sex offender or the human trafficker's status as a human trafficker 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 after beginning employment, beginning a vocation or enrolling at the institution of higher education. The sex offender or human trafficker 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 after the change in [his] employment, vocation or enrollment status.

J. When a sex offender or human trafficker 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 or human trafficker shall disclose [his] the sex offender's status as a sex offender or the human trafficker's status as a human trafficker 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 after enrolling at the school. The sex offender or human trafficker 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 after the change in [his] enrollment status.

K. When a sex offender or human trafficker 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 is received, the sex offender or human trafficker shall disclose [his] the sex offender's status as a sex offender or the human trafficker's status as a human trafficker in writing to [his] the sex offender's or human trafficker'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 or a human trafficker required to register pursuant to the Sex Offender Registration and Notification Act 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 or human trafficker's initial registration for the entirety of [his] the sex offender's or human trafficker'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] registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of ten 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 or human trafficker 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 or human trafficker 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 or human trafficker 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 or human trafficker 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 or human trafficker 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 3. 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 OR HUMAN TRAFFICKER MOVES FROM NEW MEXICO TO ANOTHER STATE.--

A. If a sex offender or human trafficker 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 or human trafficker shall:

(1) notify the county sheriff of the county [he] the sex offender or human trafficker resides in that [he] the sex offender or human trafficker is moving to the other state; and

(2) provide the county sheriff with a written notice that identifies the state to which the sex offender or human trafficker is moving.

B. Within five days of receiving a sex offender's or human trafficker'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 or human traffickers, if applicable, in the state to which the sex offender or human trafficker is moving and the department shall provide that state agency with the registration information [regarding the sex offender]. The department shall also obtain information regarding registration requirements for sex offenders or human traffickers, if applicable, in the state to which the sex offender or human trafficker is moving. The department shall provide the sex offender or human trafficker with written notification of the registration requirements in the state to which the sex offender or human trafficker is moving.

C. A sex offender or human trafficker 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 4. 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 and human traffickers 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 or human traffickers 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 or human trafficker 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 or human trafficker resides; and

(2) samples of DNA obtained from sex offenders or human traffickers to the administrative center for the sex offender DNA identification system or the human trafficker 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 and human traffickers 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 and in any human trafficker registry that may be established pursuant to federal law. 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) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (5) 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 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) incest, as provided in Section 30-10-3 NMSA 1978, when the victim is less than eighteen years of age;

(7) 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) child solicitation by electronic communication device, as provided in Section 30-37-3.2 NMSA 1978; or

(9) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (6) 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 shall retain registration information regarding a human trafficker convicted of human trafficking in the first or second degree, as provided in Section 30-52-1 NMSA 1978 for the entirety of the human trafficker's natural life.

[G.] H. 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 and the human trafficker DNA identification system shall be adopted by the DNA identification system oversight committee pursuant to the provisions of the DNA Identification Act."

SECTION 5. Section 29-11A-5.1 NMSA 1978 (being Laws 1999, Chapter 19, Section 8, as amended) is amended to read:

"29-11A-5.1. PUBLIC ACCESS TO INFORMATION REGARDING CERTAIN REGISTERED SEX OFFENDERS AND HUMAN TRAFFICKERS--ACTIVE COMMUNITY NOTIFICATION--INTERNET WEB SITE.--

A. If a sex offender is convicted of one of the following sex offenses, the county sheriff shall forward registration information obtained from the sex offender to the district attorney for the judicial district in which the sex offender resides and, if the sex offender is a resident of a municipality, the chief law enforcement officer for the municipality in which the sex offender resides:

(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) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978; or

(5) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (4) of this subsection, as provided in Section 30-28-1 NMSA 1978.

B. The county sheriff shall forward registration information obtained from all human traffickers to the district attorney for the judicial district in which the human trafficker resides and, if the human trafficker is a resident of a municipality, the chief law enforcement officer for the municipality in which the human trafficker resides.

[B.] C. A person who wants to obtain registration information regarding sex offenders described in Subsection A of this section or human traffickers described in Subsection B of this section may request that information from the:

(1) sheriff for the county in which the sex offenders or human traffickers reside;

(2) chief law enforcement officer for the municipality in which the sex offenders or human traffickers reside;

(3) district attorney for the judicial district in which the sex offenders or human traffickers reside; or

(4) secretary of public safety.

[C.] D. Upon receiving a request for registration information regarding sex offenders described in Subsection A of this section or human traffickers described in Subsection B of this section, the county sheriff, chief municipal law enforcement officer, district attorney or secretary of public safety shall provide that registration information, with the exception of a sex offender's or human trafficker's social security number and DNA information, within a reasonable period of time, and no later than seven days after receiving the request.

[D.] E. Within seven days of receiving registration information from a sex offender described in Subsection A of this section or from a human trafficker described in Subsection B of this section, the county sheriff shall contact every licensed daycare center, elementary school, middle school and high school within a one-mile radius of the sex offender's or human trafficker's residence and provide them with the sex offender's or human trafficker's registration information, with the exception of the sex offender's or human trafficker's social security number and DNA information.

[E.] F. The department [of public safety] shall establish and manage an internet web site that provides the public with registration information regarding sex offenders described in Subsection A of this section and human traffickers described in Subsection B of this section, except that the department [of public safety] shall not provide registration information on the internet web site regarding a sex offender who was [less] younger than eighteen years of age when the sex offender committed the sex offense for which the sex offender was convicted as a youthful offender, as provided in Section 32A-2-3 NMSA 1978, unless at the time of sentencing, the court made a finding that the sex offender is not amenable to treatment and is a danger to the community. The registration information provided to the public pursuant to this subsection shall not include a sex offender's or human trafficker's social security number or DNA information or a sex offender's or human trafficker's place of employment, unless the sex offender's or human trafficker's employment requires the sex offender or human trafficker to have direct contact with children."

SECTION 6. Section 29-11A-7 NMSA 1978 (being Laws 1995, Chapter 106, Section 7, as amended) is amended to read:

"29-11A-7. NOTICE TO SEX OFFENDERS AND HUMAN TRAFFICKERS OF DUTY TO REGISTER.--

A. A court shall provide a sex offender or human trafficker convicted in that court with written notice of [his] the duty to register pursuant to the provisions of the Sex Offender Registration and Notification Act. The written notice shall be included in judgment and sentence forms provided to the sex offender or human trafficker. The written notice shall inform the sex offender [that he is required] or human trafficker of the duty to:

(1) register with the county sheriff for the county in which the sex offender or human trafficker will reside or, if the sex offender or human trafficker will not have an established residence, with the county sheriff for each county in which the sex offender or human trafficker will live or be temporarily located pursuant to the provisions of the Sex Offender Registration and Notification Act;

(2) report subsequent changes of address pursuant to the provisions of the Sex Offender Registration and Notification Act;

(3) notify the county sheriff of the county [he] the sex offender or human trafficker resides in if the sex offender or human trafficker intends to move to another state and that the sex offender or human trafficker is required to register in the other state pursuant to the provisions of the Sex Offender Registration and Notification Act;

(4) disclose [his] the sex offender's or human trafficker's status as a sex offender or human trafficker in writing when [he] the sex offender or human trafficker begins employment, begins a vocation or enrolls as a student at an institution of higher education in New Mexico to the county sheriff for the county in which the institution of higher education is located and to the law enforcement entity and registrar for the institution of higher education pursuant to the provisions of the Sex Offender Registration and Notification Act;

(5) provide written notice of any change regarding [his] the sex offender's or human trafficker's employment, vocation or enrollment status at an institution of higher education to the county sheriff, the law enforcement entity and the registrar pursuant to the provisions of the Sex Offender Registration and Notification Act;

(6) disclose [his] the sex offender's status as a sex offender or the human trafficker's status as a human trafficker in writing, when [he] the sex offender or human trafficker enrolls as a student at a private or public school in New Mexico, to the county sheriff for the county in which the school is located and to the principal of the school pursuant to the provisions of the Sex Offender Registration and Notification Act;

(7) provide written notice of any change regarding [his] the sex offender's or human trafficker's enrollment status at a public or private school in New Mexico to the county sheriff and the principal of the school pursuant to the provisions of the Sex Offender Registration and Notification Act;

(8) disclose [his] the sex offender's status as a sex offender or the human trafficker's status as a human trafficker in writing to [his] the sex offender's or human trafficker's employer, supervisor or other person similarly situated when [he] the sex offender or human trafficker begins employment, begins a vocation or volunteers [his] the sex offender's or human trafficker's services, regardless of whether [the sex offender receives] payment or other compensation is received, pursuant to the provisions of the Sex Offender Registration and Notification Act; and

(9) read and sign a form that indicates that the sex offender or human trafficker has received the written notice and that a responsible court official, designated by the chief judge for that judicial district, [has] explained the written notice [to the sex offender].

B. The corrections department, a municipal or county jail or a detention center, at the time of release of a sex offender or human trafficker in its custody, shall provide a written notice to the sex offender or human trafficker of [his] the duty to register, pursuant to the provisions of the Sex Offender Registration and Notification Act. The written notice shall inform the sex offender [that he is required] or human trafficker of the requirement to:

(2) report subsequent changes of address pursuant to the provisions of the Sex Offender Registration and Notification Act;

(4) disclose [his] the sex offender's status as a sex offender or the human trafficker's status as a human trafficker in writing when [he] the sex offender or human trafficker begins employment, begins a vocation or enrolls as a student at an institution of higher education in New Mexico to the county sheriff for the county in which the institution of higher education is located and to the law enforcement entity and registrar for the institution of higher education pursuant to the provisions of the Sex Offender Registration and Notification Act;

(9) read and sign a form that indicates that the sex offender or human trafficker has received the written notice and that a responsible corrections department official, designated by the secretary of corrections, or a responsible municipal or county jail official or detention center official has explained the written notice [to the sex offender].

C. A court, the corrections department, a municipal or county jail or a detention center shall also provide written notification regarding a sex offender's or human trafficker's release to the sheriff of the county in which the sex offender or human trafficker is released and to the department [of public safety].

D. The department [of public safety], at the time it is notified by officials from another state that a sex offender or human trafficker will be establishing residence in New Mexico, shall provide written notice to the sex offender or human trafficker of [his] the duty to register pursuant to the provisions of the Sex Offender Registration and Notification Act."

SECTION 7. Section 29-11A-9 NMSA 1978 (being Laws 2005, Chapter 279, Section 7) is amended to read:

"29-11A-9. STATE PREEMPTION--SAVING CLAUSE.--

A. The state preempts the field of sex offender and human trafficker registration and notification. Cities, counties, home rule municipalities and other political subdivisions of the state are prohibited from adopting or continuing in effect any ordinance, rule, regulation, resolution or statute on sex offender or human trafficker registration and notification.

B. After January 18, 2005, cities, counties, home rule municipalities and other political subdivisions of the state are prohibited from adopting or amending an ordinance, rule, regulation or resolution on sex offender or human trafficker registration and notification. An ordinance in effect on January 18, 2005 shall continue in force and effect until repealed; provided that the ordinance shall only continue in force and effect with regard to sex offenders who are required to register pursuant to the provisions of the ordinance but who are not required to register pursuant to the provisions of the Sex Offender Registration and Notification Act. All other sex offenders shall register pursuant to the provisions of the Sex Offender Registration and Notification Act."

SECTION 8. Section 29-16-2 NMSA 1978 (being Laws 1997, Chapter 105, Section 2, as amended) is amended to read:

"29-16-2. PURPOSE OF ACT.--The purpose of the DNA Identification Act is to:

A. establish a DNA identification system for covered offenders and persons required to provide a DNA sample pursuant to the provisions of Section [1 of this 2006 act] 29-3-10 NMSA 1978;

B. facilitate the use of DNA records by local, state and federal law enforcement agencies in the: (1) identification, detection or exclusion of persons in connection with criminal investigations; and

(2) registration of sex offenders and human traffickers required to register pursuant to the provisions of the Sex Offender Registration and Notification Act;

C. establish a missing persons DNA identification system consisting of the following DNA indexes:

(1) unidentified persons;

(2) unidentified human remains; and

(3) relatives of, or known reference samples from, missing persons; and

D. facilitate the use of DNA records by local, state and federal law enforcement agencies and the state medical investigator in the identification and location of missing and unidentified persons or human remains."

SECTION 9. Section 29-16-3 NMSA 1978 (being Laws 1997, Chapter 105, Section 3, as amended) is amended to read:

"29-16-3. DEFINITIONS.--As used in the DNA Identification Act:

A. "administrative center" means the part of a national DNA index system qualified New Mexico crime laboratory that administers and operates the DNA identification system;

B. "CODIS" means the federal bureau of investigation's national DNA index system for storage and exchange of DNA records submitted by forensic DNA laboratories;

C. "covered offender" means any person convicted of a felony offense as an adult pursuant to state, federal or military law or convicted as an adult pursuant to youthful offender or serious youthful offender proceedings under the Children's Code or a sex offender or human trafficker required to register pursuant to the provisions of the Sex Offender Registration and Notification Act;

D. "department" means the department of public safety;

E. "DNA" means deoxyribonucleic acid as the basis of human heredity;

F. "DNA identification system" means the DNA identification system established pursuant to the DNA Identification Act;

G. "DNA oversight committee" means the DNA identification system oversight committee;

H. "DNA records" means the results of DNA testing and related information;

I. "DNA testing" means a forensic DNA analysis that includes restriction fragment length polymorphism, polymerase chain reaction or other valid methods of DNA typing performed to obtain identification characteristics of samples;

J. "fund" means the DNA identification system fund;

K. "human trafficker DNA identification system" means the human trafficker DNA identification system established by the DNA Identification Act;

[K.] L. "missing persons DNA identification system" means the missing persons DNA identification system established by the DNA Identification Act;

[L.] M. "sample" means a sample of biological material sufficient for DNA testing; and

[M.] N. "sex offender DNA identification system" means the sex offender DNA identification system established by the DNA Identification Act."

SECTION 10. Section 29-16-4 NMSA 1978 (being Laws 1997, Chapter 105, Section 4, as amended) is amended to read:

"29-16-4. ADMINISTRATIVE CENTER--POWERS AND DUTIES--TRANSFER TO OTHER LAW ENFORCEMENT AGENCY.--

A. The administrative center shall be an appropriate unit of the department or such other qualified New Mexico law enforcement agency as the secretary of public safety may designate in accordance with this section that meets the requirements for participation in the national DNA index system.

B. The administrative center shall:

(1) establish and administer the DNA identification system. The DNA identification system shall provide for collection, storage, DNA testing, maintenance and comparison of samples and DNA records for forensic and humanitarian purposes. Those purposes shall include generation of investigative leads, statistical analysis of DNA profiles and identification of missing persons and unidentified human remains. Procedures used for DNA testing shall be compatible with the procedures the federal bureau of investigation has specified, including comparable test procedures, laboratory equipment, supplies and computer software. Procedures used shall meet or exceed the provisions of the federal DNA Identification Act of 1994 regarding minimum standards for state participation in CODIS, including minimum standards for the acceptance, security and dissemination of DNA records;

(2) coordinate sample collection activities;

(3) perform or contract for DNA testing;

(4) serve as a repository for samples and DNA records;

(5) act as liaison with the federal bureau of investigation for purposes of CODIS;

(6) adopt rules and procedures governing:

(a) sample collection;

(b) DNA testing;

(d) the acceptance, security and dissemination of DNA records; and

(e) communication between local, state and federal law enforcement agencies, the corrections department and local jails and detention facilities in order to minimize duplicate sample collections from the same individual;

(7) provide training to jail and detention facility personnel who are required to collect samples pursuant to Section 29-3-10 NMSA 1978;

(8) be reimbursed for, pursuant to the DNA Identification Act, the costs of sample collection and DNA testing of samples taken for the purposes of the identification of missing persons and unidentified human remains;

(9) establish and administer the missing persons DNA identification system as a part of the DNA identification system; [and]

(10) establish and administer the sex offender DNA identification system as part of the DNA identification system; and

(11) establish and administer the human trafficker DNA identification system as part of the DNA identification system.

C. The secretary of public safety may designate, pursuant to a joint powers agreement, the crime laboratory of the police department for the largest municipality in a class A county having a population of more than two hundred fifty thousand at the most recent federal decennial census to act as the administrative center.

D. The secretary of public safety may designate, pursuant to a joint powers agreement, any other law enforcement agency to act as administrative center upon recommendation of five voting members of the DNA oversight committee."

SECTION 11. Section 29-16-5 NMSA 1978 (being Laws 1997, Chapter 105, Section 5, as amended) is amended to read:

"29-16-5. DNA OVERSIGHT COMMITTEE--CREATED--POWERS AND

DUTIES.--

A. The "DNA identification system oversight committee" is created. The DNA oversight committee shall be composed of nine voting members as follows:

(1) a scientific representative from the department crime laboratory appointed by the secretary of public safety;

(2) a scientific representative from the crime laboratory of the police department for the largest municipality in a class A county having a population of more than two hundred fifty thousand at the most recent federal decennial census;

(3) the secretary of corrections or the secretary's designated representative;

(4) the state medical investigator or the investigator's designated representative;

(5) the attorney general or the attorney general's designated representative;

(6) the president of the New Mexico district attorneys association or the president's designated representative;

(7) the chief public defender or the chief public defender's designated representative;

(8) the president of the New Mexico criminal defense lawyers association or the president's designated representative; and

(9) the head of the administrative center or the head's designated representative.

B. The DNA oversight committee shall adopt rules and procedures regarding the administration and operation of the DNA identification system.

C. The administrative center shall review and make recommendations to the DNA oversight committee regarding rules and procedures for the administration and operation of the DNA identification system.

D. The DNA oversight committee shall oversee the establishment and administration of the missing persons DNA identification system as part of the DNA identification system.

E. The DNA oversight committee shall adopt rules and procedures regarding the administration and operation of the missing persons DNA identification system as part of the DNA identification system.

F. The DNA oversight committee shall oversee the establishment and administration of the sex offender DNA identification system as part of the DNA identification system.

G. The DNA oversight committee shall adopt rules and procedures regarding the administration and operation of the sex offender DNA identification system as part of the DNA identification system.

H. The DNA oversight committee shall oversee the establishment and administration of the human trafficker DNA identification system as part of the DNA identification system.

I. The DNA oversight committee shall adopt rules and procedures regarding the administration and operation of the human trafficker DNA identification system as part of the DNA identification system."

SECTION 12. Section 29-16-6 NMSA 1978 (being Laws 1997, Chapter 105, Section 6, as amended) is amended to read:

"29-16-6. COLLECTION OF SAMPLES.--

A. A covered offender shall provide one or more samples to the administrative center, as follows:

(1) a covered offender convicted on or after July 1, 1997 shall provide a sample immediately upon request to the corrections department as long as the request is made before release from any correctional facility or, if the covered offender is not sentenced to incarceration, before the end of any period of probation or other supervised release;

(2) a covered offender incarcerated on or after July 1, 1997 shall provide a sample immediately upon request to the corrections department as long as the request is made before release from any correctional facility;

(3) a covered offender on probation or other supervised release on or after July 1, 1997 shall provide a sample immediately upon request to the corrections department as long as the request is made before the end of any period of probation or other supervised release; and

(4) a covered offender required to register or renew [his] the covered offender's registration pursuant to the provisions of the Sex Offender Registration and Notification Act shall provide a sample immediately upon request to the county sheriff located in any county in which the [sex] covered offender is required to register, unless the [sex] covered offender provided a sample while in the custody of the corrections department or to the county sheriff of another county in New Mexico in which the [sex] covered offender is registered.

B. A person eighteen years of age or over who is arrested on or after January 1, 2007 for the commission of a felony as provided in Section [1 of this 2006 act] 29-3-10 NMSA 1978 shall provide a sample immediately upon request to jail or detention facility personnel, unless:

(1) the person has previously provided a sample sufficient for DNA testing pursuant to the provisions of this section;

(2) the sample is in the possession of the administrative center; and

(3) the sample has not been expunged.

C. Samples from unidentified persons or relatives of a missing person shall be provided to the administrative center, as follows:

(1) upon the completion of a permission to search form authorizing the collection of a DNA sample;

(2) upon the receipt of a properly executed search warrant; or

(3) upon the issuance of a court order.

D. Samples from unidentified human remains shall be provided by the state medical investigator.

E. Samples of known reference materials from missing persons shall be provided by the investigating law enforcement agency."

SECTION 13. Section 30-52-1 NMSA 1978 (being Laws 2008, Chapter 17, Section 1) is amended to read:

"30-52-1. HUMAN TRAFFICKING.--

A. Human trafficking consists of a person knowingly:

(1) recruiting, soliciting, enticing, transporting, [or] obtaining or attempting to obtain by any means another person with the intent or knowledge that force, fraud or coercion will be used to subject the person to labor, services or commercial sexual activity;

(2) recruiting, soliciting, enticing, transporting, [or] obtaining or attempting to obtain by any means a person [under] younger than the age of eighteen years with the intent or knowledge that the person will be caused to engage in commercial sexual activity; or

(3) benefiting, financially or by receiving anything of value, from the labor, services or commercial sexual activity of another person with the knowledge that force, fraud or coercion was used to obtain the labor, services or commercial sexual activity.

B. The attorney general and the district attorney in the county of jurisdiction have concurrent jurisdiction to enforce the provisions of this section.

C. Whoever commits human trafficking is guilty of a [third] second degree felony, except if the victim is under the age of

[(1) sixteen, the person is guilty of a second degree felony; or

(2) thirteen] sixteen, the person is guilty of a first degree felony. Whoever attempts to commit human trafficking is guilty of a third degree felony; except if the victim is under the age of sixteen, the person is guilty of a second degree felony.

D. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other provision of the law when the conduct also constitutes a violation of that other provision.

E. In a prosecution pursuant to this section, a human trafficking victim shall not be charged with accessory to the crime of human trafficking, nor shall the victim be charged with nonhomicide crimes committed due to coercion caused by a person committing human trafficking or by duress when the victim feared immediate great bodily harm to the victim's self or another if the victim did not commit the crime and if a reasonable person would have acted in the same way under the circumstances.

F. A person convicted of human trafficking shall, in addition to any other punishment, be ordered to make restitution to the victim for the gross income or value of the victim's labor or services and any other actual damages in accordance with Section 31-17-1 NMSA 1978.

G. A person convicted of human trafficking shall, in addition to any other punishment, be required to register as a human trafficker in accordance with the Sex Offender Registration and Notification Act if the trafficking offense involves commercial sexual activity.

[G.] H. As used in this section:

(1) "coercion" means:

(a) causing or threatening to cause harm to any person;

(b) using or threatening to use physical force against any person;

(d) threatening to report the immigration status of any person to governmental authorities; or

(e) knowingly destroying, concealing, removing, confiscating or retaining any actual or purported government document of any person; and

(2) "commercial sexual activity" means any sexual act or sexually explicit exhibition for which anything of value is given, promised to or received by any person."

SECTION 14. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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