0001| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 795 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO REGISTRATION OF SEX OFFENDERS; REQUIRING CERTAIN | 0013| DELINQUENT CHILDREN TO REGISTER; AMENDING SECTIONS OF THE SEX | 0014| OFFENDER REGISTRATION ACT; PROVIDING PENALTIES. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 29-11A-1 NMSA 1978 (being Laws 1995, | 0018| Chapter 106, Section 1) is amended to read: | 0019| "29-11A-1. SHORT TITLE.--[This act] Chapter 29, Article | 0020| 11A NMSA 1978 may be cited as the "Sex Offender Registration | 0021| Act"." | 0022| Section 2. Section 29-11A-2 NMSA 1978 (being Laws 1995, | 0023| Chapter 106, Section 2) is amended to read: | 0024| "29-11A-2. FINDINGS--PURPOSE.-- | 0025| A. The legislature finds that: | 0001| (1) sex offenders pose a significant risk of | 0002| recidivism; and | 0003| (2) the efforts of law enforcement agencies to | 0004| protect their communities from sex offenders are impaired by | 0005| the lack of information available concerning convicted sex | 0006| offenders who live within the agencies' [jurisdiction] | 0007| jurisdictions. | 0008| B. The purpose of the Sex Offender Registration Act | 0009| is to assist law enforcement agencies' efforts to protect their | 0010| communities by: | 0011| (1) requiring sex offenders to register with | 0012| the county sheriff of the county in which the sex offender | 0013| resides; and | 0014| (2) requiring the establishment of a central | 0015| registry for sex offenders." | 0016| Section 3. Section 29-11A-3 NMSA 1978 (being Laws 1995, | 0017| Chapter 106, Section 3) is amended to read: | 0018| "29-11A-3. DEFINITIONS.--As used in the Sex Offender | 0019| Registration Act: | 0020| A. "sex offender" means: | 0021| (1) a person convicted of a sex offense on or | 0022| after July 1, 1995; [or] | 0023| (2) a person who changes his residence to New | 0024| Mexico, when that person has been convicted of a sex offense in | 0025| another state on or after July 1, 1995; [and] | 0001| (3) a delinquent child adjudicated for a sex | 0002| offense on or after July 1, 1997; or | 0003| (4) a delinquent child who changes his | 0004| residence to New Mexico, when that delinquent child has been | 0005| adjudicated for a sex offense in another state on or after July 1, | 0006| 1997; and | 0007| B. "sex offense" means: | 0008| (1) criminal sexual penetration in the first, | 0009| second, third or fourth degree, as provided in Section 30-9-11 | 0010| | 0011| NMSA 1978; | 0012| (2) criminal sexual contact in the fourth | 0013| degree, as provided in Section 30-9-12 NMSA 1978; | 0014| (3) criminal sexual contact of a minor in | 0015| the third or fourth degree, as provided in Section 30-9-13 | 0016| NMSA 1978; | 0017| (4) sexual exploitation of children, as | 0018| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978; | 0019| or | 0020| (5) sexual exploitation of children by | 0021| prostitution, as provided in Section 30-6A-4 NMSA 1978." | 0022| Section 4. Section 29-11A-4 NMSA 1978 (being Laws 1995, | 0023| Chapter 106, Section 4) is amended to read: | 0024| "29-11A-4. REGISTRATION OF SEX OFFENDERS--INFORMATION | 0025| REQUIRED--CRIMINAL PENALTY FOR NONCOMPLIANCE.-- | 0001| A. A sex offender residing in this state shall | 0002| register with the county sheriff for the county in which the | 0003| sex offender resides. | 0004| B. A sex offender who is a current resident of New | 0005| Mexico shall register with the county sheriff no later than | 0006| [thirty] fourteen days after being released from the custody | 0007| of the corrections department or the children, youth and | 0008| families department or being placed on probation or parole. A | 0009| sex offender who changes his residence to New Mexico shall | 0010| register with the county sheriff no later than [forty-five] | 0011| fourteen days after establishing residence in this state. | 0012| When a sex offender registers with the county sheriff, he | 0013| shall provide the following information: | 0014| (1) his legal name and any other names or | 0015| aliases that [the sex offender] he is using or has used; | 0016| (2) his date of birth; | 0017| (3) his social security number; | 0018| (4) his current address; | 0019| (5) his place of employment; | 0020| (6) the sex offense for which he was | 0021| convicted or adjudicated delinquent; and | 0022| (7) the date and place of his sex offense | 0023| conviction or adjudication. | 0024| C. When a sex offender registers with a county | 0025| sheriff, the sheriff shall obtain: | 0001| (1) a photograph of the sex offender and a | 0002| complete set of the sex offender's fingerprints; and | 0003| (2) a description of any tattoos, scars or | 0004| other distinguishing features on the sex offender's body that | 0005| would assist in identifying the sex offender. | 0006| D. When a sex offender who is registered changes | 0007| his residence within the same county, the sex offender shall | 0008| send written notice of his change of address to the county | 0009| sheriff no later than ten days after establishing his new | 0010| residence. | 0011| E. When a sex offender who is registered changes | 0012| his residence to a new county in New Mexico, the sex offender | 0013| shall register with the county sheriff of the new county no | 0014| later than ten days after establishing his new residence. The | 0015| sex offender shall also send written notice of the change in | 0016| residence to the county sheriff with whom he last registered | 0017| no later than ten days after establishing his new residence. | 0018| F. If the sex offender is a delinquent child, as | 0019| provided in Paragraph (3) or (4) of Subsection A of Section | 0020| 29-11A-3 NMSA 1978, the sex offender's guardian or custodian | 0021| shall be responsible for complying with the registration | 0022| requirements set forth in the Sex Offender Registration Act, | 0023| until the sex offender reaches eighteen years of age. When | 0024| the sex offender reaches eighteen years of age, he shall be | 0025| responsible for complying with the registration requirements | 0001| set forth in the Sex Offender Registration Act. | 0002| [F.] G. A sex offender or a sex offender's | 0003| guardian or custodian who willfully fails to comply with the | 0004| registration requirements set forth in this section is guilty | 0005| of a misdemeanor and shall be punished by imprisonment for a | 0006| definite term less than one year or a fine of not more than | 0007| one thousand dollars ($1,000) or both. | 0008| [G.] H. A sex offender or a sex offender's | 0009| guardian or custodian who provides false information when | 0010| complying with the registration requirements set forth in this | 0011| section is guilty of a misdemeanor and shall be punished by | 0012| imprisonment for a definite term less than one year or a fine | 0013| of not more than one thousand dollars ($1,000) or both. | 0014| I. Prior to the release of a sex offender from the | 0015| corrections department or children, youth and families | 0016| department, the department shall provide the sex offender with | 0017| a copy of and explain this section pertaining to a sex | 0018| offender's duty to register as a sex offender upon reaching | 0019| the sex offender's county of residence. | 0020| J. Prior to the release of a sex offender from the | 0021| corrections department or children, youth and families | 0022| department, the department shall provide notice to the sheriff | 0023| of the county in which the sex offender is to establish | 0024| residence, the identity of the individual to be released and | 0025| the anticipated release date from the department." | 0001| Section 5. EFFECTIVE DATE.--The effective date of the | 0002| provisions of this act is July 1, 1997. | 0003|  |