0001| HOUSE BILL 795
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| BOBBIE K. MALLORY
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO REGISTRATION OF SEX OFFENDERS; AMENDING SECTION
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0012| 29-11A-7 NMSA 1978 (BEING LAWS 1995, CHAPTER 106, SECTION 7).
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 29-11A-7 NMSA 1978 (being Laws 1995,
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0016| Chapter 106, Section 7) is amended to read:
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0017| "29-11A-7. NOTICE TO SEX OFFENDERS OF DUTY TO
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0018| REGISTER.--
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0019| A. A court shall provide a sex offender adjudicated
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0020| guilty in that court with written notice of his duty to
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0021| register pursuant to the provisions of the Sex Offender
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0022| Registration Act. The written notice shall be included in
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0023| judgment and sentence forms provided to the sex offender.
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0024| B. The corrections department, [at] seven days
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0025| prior to the time of release of a sex offender in the
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0001| department's custody, shall provide written notification to the
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0002| sex offender of his duty to register pursuant to the provisions
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0003| of the Sex Offender Registration Act. The corrections
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0004| department shall also provide written notification regarding a
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0005| sex offender's release to the sheriff of the county in which
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0006| the sex offender is released within seven days following the
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0007| release.
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0008| C. The department of public safety, at the time it
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0009| is notified by officials from another state that a sex offender
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0010| will be establishing residence in New Mexico, shall provide
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0011| written notification to the sex offender of his duty to
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0012| register pursuant to the provisions of the Sex Offender
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0013| Registration Act."
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0014| State of New Mexico
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0015| House of Representatives
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0016|
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0017| FORTY-THIRD LEGISLATURE
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0018| FIRST SESSION, 1997
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0019|
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0020|
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0021| March 10, 1997
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0022|
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0023|
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0024| Mr. Speaker:
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0025|
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0001| Your JUDICIARY COMMITTEE, to whom has been referred
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0002|
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0003| HOUSE BILL 795
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO NOT PASS, but that
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0007|
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0008| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE
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0009| BILL 795
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0010|
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0011| DO PASS, and thence referred to the APPROPRIATIONS AND
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0012| FINANCE COMMITTEE.
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0013|
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0014| Respectfully submitted,
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0015|
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0016|
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0017|
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0018|
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0019|
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0020| Thomas P. Foy, Chairman
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0021|
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0022|
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0023| Adopted Not Adopted
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0024|
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002| Date
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0003|
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0004| The roll call vote was 10 For 0 Against
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0005| Yes: 10
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0006| Excused: Luna, Rios, Sanchez
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0007| Absent: None
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0008|
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0009| G:\BILLTEXT\BILLW_97\H0795 State of New Mexico
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0010| House of Representatives
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0011|
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0012| FORTY-THIRD LEGISLATURE
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0013| FIRST SESSION, 1997
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0014|
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0015|
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0016| March 10, 1997
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0017|
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0018|
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0019| Mr. Speaker:
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0020|
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0021| Your JUDICIARY COMMITTEE, to whom has been referred
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0022|
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0023| HOUSE BILL 795
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO NOT PASS, but that
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0002|
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0003| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE
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0004| BILL 795
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0005|
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0006| DO PASS, and thence referred to the APPROPRIATIONS AND
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0007| FINANCE COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013|
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0014|
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0015| Thomas P. Foy, Chairman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019|
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 10 For 0 Against
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0025| Yes: 10
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0001| Excused: Luna, Rios, Sanchez
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0002| Absent: None
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0003|
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0004| G:\BILLTEXT\BILLW_97\H0795 HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0005| HOUSE BILL 795
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0006| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0007|
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0008|
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0009|
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0010|
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0011|
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0012|
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0013|
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0014| AN ACT
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0015| RELATING TO REGISTRATION OF SEX OFFENDERS; REQUIRING CERTAIN
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0016| DELINQUENT CHILDREN TO REGISTER; AMENDING SECTIONS OF THE SEX
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0017| OFFENDER REGISTRATION ACT; PROVIDING PENALTIES.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 29-11A-1 NMSA 1978 (being Laws 1995,
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0021| Chapter 106, Section 1) is amended to read:
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0022| "29-11A-1. SHORT TITLE. [This act] Chapter 29, Article
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0023| 11A NMSA 1978 may be cited as the "Sex Offender Registration
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0024| Act"."
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0025| Section 2. Section 29-11A-2 NMSA 1978 (being Laws 1995,
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0001| Chapter 106, Section 2) is amended to read:
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0002| "29-11A-2. FINDINGS--PURPOSE.--
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0003| A. The legislature finds that:
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0004| (1) sex offenders pose a significant risk of
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0005| recidivism; and
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0006| (2) the efforts of law enforcement agencies to
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0007| protect their communities from sex offenders are impaired by
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0008| the lack of information available concerning convicted sex
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0009| offenders who live within the agencies' [jurisdiction]
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0010| jurisdictions.
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0011| B. The purpose of the Sex Offender Registration Act
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0012| is to assist law enforcement agencies' efforts to protect their
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0013| communities by:
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0014| (1) requiring sex offenders to register with
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0015| the county sheriff of the county in which the sex offender
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0016| resides; and
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0017| (2) requiring the establishment of a central
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0018| registry for sex offenders."
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0019| Section 3. Section 29-11A-3 NMSA 1978 (being Laws 1995,
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0020| Chapter 106, Section 3) is amended to read:
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0021| "29-11A-3. DEFINITIONS.--As used in the Sex Offender
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0022| Registration Act:
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0023| A. "sex offender" means:
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0024| (1) a person convicted of a sex offense on or
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0025| after July 1, 1995; [or]
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0001| (2) a person who changes his residence to New
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0002| Mexico, when that person has been convicted of a sex offense in
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0003| another state on or after July 1, 1995; [and]
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0004| (3) a delinquent child adjudicated for a sex
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0005| offense on or after July 1, 1997; or
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0006| (4) a delinquent child who changes his
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0007| residence to New Mexico, when that delinquent child has been
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0008| adjudicated for a sex offense in another state on or after July
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0009| 1, 1997; and
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0010| B. "sex offense" means:
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0011| (1) criminal sexual penetration in the first,
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0012| second, third or fourth degree, as provided in Section 30-9-11
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0013|
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0014| NMSA 1978;
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0015| (2) criminal sexual contact in the fourth
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0016| degree, as provided in Section 30-9-12 NMSA 1978;
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0017| (3) criminal sexual contact of a minor in
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0018| the third or fourth degree, as provided in Section 30-9-13
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0019| NMSA 1978;
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0020| (4) sexual exploitation of children, as
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0021| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978;
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0022| or
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0023| (5) sexual exploitation of children by
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0024| prostitution, as provided in Section 30-6A-4 NMSA 1978."
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0025| Section 4. Section 29-11A-4 NMSA 1978 (being Laws 1995,
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0001| Chapter 106, Section 4) is amended to read:
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0002| "29-11A-4. REGISTRATION OF SEX OFFENDERS--INFORMATION
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0003| REQUIRED--CRIMINAL PENALTY FOR NONCOMPLIANCE.--
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0004| A. A sex offender residing in this state shall
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0005| register with the county sheriff for the county in which the
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0006| sex offender resides.
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0007| B. A sex offender who is a current resident of New
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0008| Mexico shall register with the county sheriff no later than
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0009| [thirty] fourteen days after being released from the
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0010| custody of the corrections department or the children, youth
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0011| and families department or being placed on probation or
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0012| parole. A sex offender who changes his residence to New
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0013| Mexico shall register with the county sheriff no later than
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0014| [forty-five] fourteen days after establishing residence in
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0015| this state. When a sex offender registers with the county
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0016| sheriff, he shall provide the following information:
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0017| (1) his legal name and any other names or
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0018| aliases that [the sex offender] he is using or has used;
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0019| (2) his date of birth;
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0020| (3) his social security number;
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0021| (4) his current address;
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0022| (5) his place of employment;
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0023| (6) the sex offense for which he was
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0024| convicted or adjudicated delinquent; and
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0025| (7) the date and place of his sex offense
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0001| conviction or adjudication.
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0002| C. When a sex offender registers with a county
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0003| sheriff, the sheriff shall obtain:
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0004| (1) a photograph of the sex offender and a
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0005| complete set of the sex offender's fingerprints; and
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0006| (2) a description of any tattoos, scars or
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0007| other distinguishing features on the sex offender's body that
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0008| would assist in identifying the sex offender.
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0009| D. When a sex offender who is registered changes
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0010| his residence within the same county, the sex offender shall
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0011| send written notice of his change of address to the county
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0012| sheriff no later than ten days after establishing his new
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0013| residence.
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0014| E. When a sex offender who is registered changes
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0015| his residence to a new county in New Mexico, the sex offender
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0016| shall register with the county sheriff of the new county no
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0017| later than ten days after establishing his new residence. The
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0018| sex offender shall also send written notice of the change in
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0019| residence to the county sheriff with whom he last registered
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0020| no later than ten days after establishing his new residence.
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0021| F. If the sex offender is a delinquent child, as
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0022| provided in Paragraph (3) or (4) of Subsection A of Section
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0023| 29-11A-3 NMSA 1978, the sex offender's guardian or custodian
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0024| shall be responsible for complying with the registration
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0025| requirements set forth in the Sex Offender Registration Act,
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0001| until the sex offender reaches eighteen years of age. When
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0002| the sex offender reaches eighteen years of age, he shall be
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0003| responsible for complying with the registration requirements
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0004| set forth in the Sex Offender Registration Act.
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0005| [F.] G. A sex offender or a sex offender's
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0006| guardian or custodian who willfully fails to comply with the
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0007| registration requirements set forth in this section is guilty
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0008| of a misdemeanor and shall be punished by imprisonment for a
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0009| definite term less than one year or a fine of not more than
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0010| one thousand dollars ($1,000) or both.
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0011| [G.] H. A sex offender or a sex offender's
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0012| guardian or custodian who provides false information when
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0013| complying with the registration requirements set forth in this
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0014| section is guilty of a misdemeanor and shall be punished by
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0015| imprisonment for a definite term less than one year or a fine
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0016| of not more than one thousand dollars ($1,000) or both.
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0017| I. Prior to the release of a sex offender from the
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0018| corrections department or children, youth and families
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0019| department, the department shall provide the sex offender with
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0020| a copy of and explain this section pertaining to a sex
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0021| offender's duty to register as a sex offender upon reaching
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0022| the sex offender's county of residence.
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0023| J. Prior to the release of a sex offender from the
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0024| corrections department or children, youth and families
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0025| department, the department shall provide notice to the sheriff
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0001| of the county in which the sex offender is to establish
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0002| residence, the identity of the individual to be released and
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0003| the anticipated release date from the department."
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0004| Section 5. EFFECTIVE DATE.--The effective date of the
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0005| provisions of this act is July 1, 1997.
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0006|
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0007| State of New Mexico
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0008| House of Representatives
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0009|
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0010| FORTY-THIRD LEGISLATURE
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0011| FIRST SESSION, 1997
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0012|
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0013|
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0014| March 13, 1997
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0015|
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0016|
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0017| Mr. Speaker:
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0018|
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0019| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0020| whom has been referred
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0021|
|
0022| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0023| HOUSE BILL 795
|
0024|
|
0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS.
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0002|
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0003| Respectfully submitted,
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0004|
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0005|
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0006|
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0007|
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0008|
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0009| Max Coll, Chairman
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0010|
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0011|
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0012| Adopted Not Adopted
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0013|
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 10 For 0 Against
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0019| Yes: 10
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0020| Excused: Buffett, Coll, Heaton, Marquardt, Picraux, Taylor,
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0021| J.P., Watchman
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0022| Absent: None
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0023|
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0024|
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0025| G:\BILLTEXT\BILLW_97\H0795
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