0001|
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0002| HOUSE BILL 441
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0003| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0004| INTRODUCED BY
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0005| RITA G. GETTY
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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|
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0011| AN ACT
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0012| RELATING TO LAW ENFORCEMENT; PROVIDING THAT A DELINQUENT CHILD
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0013| ADJUDICATED FOR A SEX OFFENSE BE SUBJECT TO THE PROVISIONS OF
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0014| THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT; PROVIDING
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0015| PENALTIES; REQUIRING PHYSICAL DESCRIPTION BE INCLUDED IN
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0016| REGISTRATION INFORMATION; PROVIDING PUBLIC ACCESS TO
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0017| INFORMATION REGARDING CERTAIN REGISTERED SEX OFFENDERS;
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0018| REQUIRING RELEASE OF INFORMATION NECESSARY TO PROTECT THE
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0019| PUBLIC; AMENDING, REPEALING AND ENACTING SECTIONS OF THE SEX
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0020| OFFENDER REGISTRATION AND NOTIFICATION ACT.
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0021|
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0022| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0023| Section 1. Section 29-11A-1 NMSA 1978 (being Laws 1995,
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0024| Chapter 106, Section 1) is amended to read:
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0025| "29-11A-1. SHORT TITLE.--[This act] Chapter 29,
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0001| Article 11A NMSA 1978 may be cited as the "Sex Offender
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0002| Registration and Notification Act"."
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0003| Section 2. Section 29-11A-2 NMSA 1978 (being Laws 1995,
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0004| Chapter 106, Section 2) is amended to read:
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0005| "29-11A-2. FINDINGS--PURPOSE.--
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0006| A. The legislature finds that:
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0007| (1) sex offenders pose a significant risk of
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0008| recidivism; and
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0009| (2) the efforts of law enforcement agencies
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0010| to protect their communities from sex offenders are impaired
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0011| by the lack of information available concerning convicted sex
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0012| offenders who live within the agencies' [jurisdiction]
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0013| jurisdictions.
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0014| B. The purpose of the Sex Offender Registration
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0015| and Notification Act is to assist law enforcement agencies'
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0016| efforts to protect their communities by:
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0017| (1) requiring sex offenders to register with
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0018| the county sheriff of the county in which the sex offender
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0019| resides; and
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0020| (2) requiring the establishment of a central
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0021| registry for sex offenders."
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0022| Section 3. Section 29-11A-3 NMSA 1978 (being Laws 1995,
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0023| Chapter 106, Section 3) is amended to read:
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0024| "29-11A-3. DEFINITIONS.--As used in the Sex Offender
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0025| Registration and Notification Act:
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0001| A. "sex offender" means:
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0002| (1) a person convicted of a sex offense on or
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0003| after July 1, 1995; [or]
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0004| (2) a person who changes his residence to New
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0005| Mexico, when that person has been convicted of a sex offense
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0006| in another state on or after July 1, 1995; [and]
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0007| (3) a delinquent child adjudicated for a sex
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0008| offense on or after July 1, 1998; or
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0009| (4) a delinquent child who changes his
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0010| residence to New Mexico, when that delinquent child has been
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0011| adjudicated for a sex offense in another state on or after
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0012| July 1, 1998; and
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0013| B. "sex offense" means:
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0014| (1) criminal sexual penetration in the first,
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0015| second, third or fourth degree, as provided in Section 30-9-11
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0016| NMSA 1978;
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0017| (2) criminal sexual contact in the fourth
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0018| degree, as provided in Section 30-9-12 NMSA 1978;
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0019| (3) criminal sexual contact of a minor in the
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0020| third or fourth degree, as provided in Section 30-9-13 NMSA
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0021| 1978;
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0022| (4) sexual exploitation of children, as
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0023| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978;
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0024| or
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0025| (5) sexual exploitation of children by
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0001| prostitution, as provided in Section 30-6A-4 NMSA 1978."
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0002| Section 4. Section 29-11A-4 NMSA 1978 (being Laws 1995,
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0003| Chapter 106, Section 4) is amended to read:
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0004| "29-11A-4. REGISTRATION OF SEX OFFENDERS--INFORMATION
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0005| REQUIRED--CRIMINAL PENALTY FOR NONCOMPLIANCE.--
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0006| A. A sex offender residing in this state shall
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0007| register with the county sheriff for the county in which the
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0008| sex offender resides.
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0009| B. A sex offender who is a current resident of New
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0010| Mexico shall register with the county sheriff no later than
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0011| thirty days after being released from the custody of the
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0012| corrections department or the children, youth and families
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0013| department or being placed on probation or parole. A sex
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0014| offender who changes his residence to New Mexico shall
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0015| register with the county sheriff no later than forty-five days
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0016| after establishing residence in this state. When a sex
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0017| offender registers with the county sheriff, he shall provide
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0018| the following information:
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0019| (1) his legal name and any other names or
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0020| aliases that [the sex offender] he is using or has used;
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0021| (2) his date of birth;
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0022| (3) his height, weight, hair color, eye
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0023| color and description of any identifying marks;
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0024| [(3)] (4) his social security number;
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0025| [(4)] (5) his current address;
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0001| [(5)] (6) his place of employment;
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0002| [(6)] (7) the sex offense for which he
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0003| was convicted or adjudicated delinquent; and
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0004| [(7)] (8) the date and place of his sex
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0005| offense conviction or adjudication.
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0006| C. When a sex offender registers with a county
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0007| sheriff, the sheriff shall obtain:
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0008| (1) a photograph of the sex offender and a
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0009| complete set of the sex offender's fingerprints; and
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0010| (2) a description of any tattoos, scars or
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0011| other distinguishing features on the sex offender's body that
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0012| would assist in identifying the sex offender.
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0013| D. When a sex offender who is registered changes
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0014| his residence within the same county, the sex offender shall
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0015| [send] deliver written notice of his change of address to
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0016| the county sheriff no later than ten days after establishing
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0017| his new residence.
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0018| E. When a sex offender who is registered changes
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0019| his residence to a new county in New Mexico, the sex offender
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0020| shall register with the county sheriff of the new county no
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0021| later than ten days after establishing his new residence. The
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0022| sex offender shall also [send] deliver written notice of
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0023| the change in residence to the county sheriff with whom he
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0024| last registered no later than ten days after establishing his
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0025| new residence.
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0001| F. If the sex offender is a delinquent child, as
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0002| provided in Paragraph (3) or (4) of Subsection A of Section
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0003| 29-11A-3 NMSA 1978, the sex offender's parent, guardian or
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0004| custodian shall be responsible for complying with the
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0005| registration requirements set forth in the Sex Offender
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0006| Registration and Notification Act until the sex offender
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0007| reaches eighteen years of age. When the sex offender reaches
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0008| eighteen years of age, he shall be responsible for complying
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0009| with the registration requirements set forth in the Sex
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0010| Offender Registration and Notification Act.
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0011| [F.] G. A sex offender or a sex offender's
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0012| parent, guardian or custodian who willfully fails to comply
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0013| with the registration requirements set forth in this section
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0014| 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| [G.] H. A sex offender or a sex offender's
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0018| parent, guardian or custodian who provides false information
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0019| when complying with the registration requirements set forth in
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0020| this section is guilty of a misdemeanor and shall be punished
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0021| by imprisonment for a definite term less than one year or a
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0022| fine of not more than one thousand dollars ($1,000) or both."
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0023| Section 5. Section 29-11A-5 NMSA 1978 (being Laws 1995,
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0024| Chapter 106, Section 5) is amended to read:
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0025| "29-11A-5. LOCAL REGISTRY--CENTRAL REGISTRY--
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0001| ADMINISTRATION BY DEPARTMENT OF PUBLIC SAFETY--EXCHANGE OF
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0002| REGISTRATION INFORMATION WITH OTHER STATES--RELEASE OF
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0003| INFORMATION--RULES [AND REGULATIONS].--
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0004| A. A county sheriff may maintain a local registry
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0005| of sex offenders in his jurisdiction required to register
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0006| pursuant to the provisions of the Sex Offender Registration
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0007| and Notification Act.
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0008| B. The county sheriff shall forward registration
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0009| information obtained from sex offenders to the department of
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0010| public safety. The registration information shall be
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0011| forwarded by the county sheriff no later than ten working days
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0012| after the information is obtained from a sex offender.
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0013| C. The department of public safety shall maintain
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0014| a central registry of sex offenders required to register
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0015| pursuant to the provisions of the Sex Offender Registration
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0016| and Notification Act. The department may enter into
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0017| interstate compact agreements providing for the exchange of
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0018| information regarding sex offenders [provided that the other
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state does not permit dissemination of information regarding
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sex offenders to any persons or entities other than law
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enforcement agencies].
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0022| D. The department of public safety shall release
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0023| relevant information that is necessary to protect the public
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0024| concerning a sex offender required to register pursuant to the
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0025| provisions of the Sex Offender Registration and Notification
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0001| Act, except that the identity of a victim of an offense that
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0002| requires registration under that act shall not be released.
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0003| [D.] E. The department of public safety shall
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0004| retain registration information regarding sex offenders
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0005| convicted or adjudicated delinquent for the following sex
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0006| offenses for a period of twenty years following the sex
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0007| offender's conviction, adjudication, release from prison or
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0008| release from probation or parole, whichever occurs later:
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0009| (1) criminal sexual penetration in the first
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0010| or second degree, as provided in Section 30-9-11 NMSA 1978;
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0011| (2) criminal sexual contact of a minor in the
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0012| third degree, as provided in Section 30-9-13 NMSA 1978; or
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0013| (3) sexual exploitation of children, as
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0014| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978.
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0015| [E.] F. The department of public safety shall
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0016| retain registration information regarding sex offenders
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0017| convicted or adjudicated delinquent for the following
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0018| offenses for a period of ten years following the sex
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0019| offender's conviction, adjudication, release from prison or
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0020| release from probation or parole, whichever occurs later:
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0021| (1) criminal sexual penetration in the third
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0022| or fourth degree, as provided in Section 30-9-11 NMSA 1978;
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0023| (2) criminal sexual contact in the fourth
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0024| degree, as provided in Section 30-9-12 NMSA 1978;
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0025| (3) criminal sexual contact of a minor in the
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0001| fourth degree, as provided in Section 30-9-13 NMSA 1978; or
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0002| (4) sexual exploitation of children by
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0003| prostitution, as provided in Section 30-6A-4 NMSA 1978.
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0004| [F.] G. The department of public safety shall
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0005| adopt rules [and regulations] necessary to carry out the
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0006| provisions of the Sex Offender Registration and Notification
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0007| Act."
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0008| Section 6. Section 29-11A-7 NMSA 1978 (being Laws 1995,
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0009| Chapter 106, Section 7) is amended to read:
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0010| "29-11A-7. NOTICE TO SEX OFFENDERS OF DUTY TO
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0011| REGISTER.--
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0012| A. A court shall provide a sex offender
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0013| adjudicated guilty or delinquent in that court with written
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0014| notice of his duty to register pursuant to the provisions of
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0015| the Sex Offender Registration and Notification Act. [The
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written notice shall be included in judgment and sentence
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forms provided to the sex offender.]
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0018| B. The corrections department or the children,
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0019| youth and families department, at the time of release of a
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0020| sex offender in the department's custody, shall provide
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0021| written notification to the sex offender or the sex
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0022| offender's parent, guardian or custodian of his duty to
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0023| register pursuant to the provisions of the Sex Offender
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0024| Registration and Notification Act. The corrections
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0025| department or the children, youth and families department
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0001| shall also provide written notification regarding a sex
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0002| offender's release to the sheriff of the county in which the
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0003| sex offender is released.
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0004| C. The department of public safety, at the time it
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0005| is notified by officials from another state that a sex
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0006| offender will be establishing residence in New Mexico, shall
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0007| provide written notification to the sex offender or the sex
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0008| offender's parent, guardian or custodian of his duty to
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0009| register pursuant to the provisions of the Sex Offender
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0010| Registration and Notification Act."
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0011| Section 7. Section 29-11A-8 NMSA 1978 (being Laws 1995,
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0012| Chapter 106, Section 8) is amended to read:
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0013| "29-11A-8. IMMUNITY.--Nothing in the Sex Offender
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0014| Registration and Notification Act creates a cause of action
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0015| on behalf of a person against a public employer, public
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0016| employee or public agency responsible for enforcement of the
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0017| provisions of that act, so long as the public employer, public
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0018| employee or public agency complies with the provisions of that
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0019| act."
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0020| Section 8. A new section of the Sex Offender
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0021| Registration and Notification Act is enacted to read:
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0022| "[NEW MATERIAL] PUBLIC ACCESS TO INFORMATION REGARDING
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0023| CERTAIN REGISTERED SEX OFFENDERS.--
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0024| A. If a sex offender is convicted or adjudicated
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0025| delinquent for one of the following sex offenses, the county
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0001| sheriff shall forward registration information obtained from
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0002| the sex offender to the chief municipal law enforcement
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0003| officer, the chief administrator of the public library and the
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0004| superintendent of schools in the municipality in which the sex
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0005| offender resides:
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0006| (1) criminal sexual penetration in the first
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0007| or second degree, as provided in Section 30-9-11 NMSA 1978;
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0008| (2) criminal sexual contact of a minor in the
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0009| third or fourth degree, as provided in Section 30-9-13 NMSA
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0010| 1978;
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0011| (3) sexual exploitation of children, as
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0012| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978;
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0013| or
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0014| (4) sexual exploitation of children by
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0015| prostitution, as provided in Section 30-6A-4 NMSA 1978.
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0016| B. A person who wishes to obtain registration
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0017| information regarding sex offenders described in Subsection A
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0018| of this section may request that information from a county
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0019| sheriff, a chief law enforcement officer of a municipality, a
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0020| chief administrator of a public library or a superintendent of
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0021| schools. All requests for registration information regarding
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0022| sex offenders described in Subsection A of this section shall
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0023| be subject to the provisions of the Inspection of Public
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0024| Records Act."
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0025| Section 9. REPEAL.--Section 29-11A-6 NMSA 1978 (being
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0001| Laws 1995, Chapter 106, Section 6) is repealed.
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0002| Section 10. EFFECTIVE DATE.--The effective date of the
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0003| provisions of this act is July 1, 1998.
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