0001| | 0002| SENATE BILL 76 | 0003| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0004| INTRODUCED BY | 0005| R. L. STOCKARD | 0006| | 0007| | 0008| | 0009| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE | 0010| | 0011| AN ACT | 0012| RELATING TO LAW ENFORCEMENT; PROVIDING THAT A DELINQUENT CHILD | 0013| ADJUDICATED FOR A SEX OFFENSE BE SUBJECT TO THE PROVISIONS OF | 0014| THE SEX OFFENDER REGISTRATION ACT; PROVIDING PENALTIES; | 0015| PROVIDING PUBLIC ACCESS TO INFORMATION REGARDING CERTAIN | 0016| REGISTERED SEX OFFENDERS; AMENDING, REPEALING AND ENACTING | 0017| SECTIONS OF THE SEX OFFENDER REGISTRATION AND NOTIFICATION | 0018| ACT. | 0019| | 0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0021| Section 1. Section 29-11A-1 NMSA 1978 (being Laws 1995, | 0022| Chapter 106, Section 1) is amended to read: | 0023| "29-11A-1. SHORT TITLE.--~~[This act]~~ Chapter 29, | 0024| Article 11A NMSA 1978 may be cited as the "Sex Offender | 0025| Registration and Notification Act"." | - 1 - 0001| Section 2. Section 29-11A-2 NMSA 1978 (being Laws 1995, | 0002| Chapter 106, Section 2) is amended to read: | 0003| "29-11A-2. FINDINGS--PURPOSE.-- | 0004| A. The legislature finds that: | 0005| (1) sex offenders pose a significant risk of | 0006| recidivism; and | 0007| (2) the efforts of law enforcement agencies | 0008| to protect their communities from sex offenders are impaired | 0009| by the lack of information available concerning convicted sex | 0010| offenders who live within the agencies' ~~[jurisdiction]~~ | 0011| jurisdictions. | 0012| B. The purpose of the Sex Offender Registration | 0013| and Notification Act is to assist law enforcement agencies' | 0014| efforts to protect their communities by: | 0015| (1) requiring sex offenders to register with | 0016| the county sheriff of the county in which the sex offender | 0017| resides; and | 0018| (2) requiring the establishment of a central | 0019| registry for sex offenders." | 0020| Section 3. Section 29-11A-3 NMSA 1978 (being Laws 1995, | 0021| Chapter 106, Section 3) is amended to read: | 0022| "29-11A-3. DEFINITIONS.--As used in the Sex Offender | 0023| Registration and Notification Act: | 0024| A. "sex offender" means: | 0025| (1) a person convicted of a sex offense on or | - 2 - 0001| after July 1, 1995; ~~[or]~~ | 0002| (2) a person who changes his residence to New | 0003| Mexico, when that person has been convicted of a sex offense | 0004| in another state on or after July 1, 1995; ~~[and]~~ | 0005| (3) a delinquent child adjudicated for a sex | 0006| offense on or after July 1, 1998; or | 0007| (4) a delinquent child who changes his | 0008| residence to New Mexico, when that delinquent child has been | 0009| adjudicated for a sex offense in another state on or after | 0010| July 1, 1998; and | 0011| B. "sex offense" means: | 0012| (1) criminal sexual penetration in the first, | 0013| second, third or fourth degree, as provided in Section 30-9-11 | 0014| NMSA 1978; | 0015| (2) criminal sexual contact in the fourth | 0016| degree, as provided in Section 30-9-12 NMSA 1978; | 0017| (3) criminal sexual contact of a minor in the | 0018| third or fourth degree, as provided in Section 30-9-13 NMSA | 0019| 1978; | 0020| (4) sexual exploitation of children, as | 0021| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978; | 0022| or | 0023| (5) sexual exploitation of children by | 0024| prostitution, as provided in Section 30-6A-4 NMSA 1978." | 0025| Section 4. Section 29-11A-4 NMSA 1978 (being Laws 1995, | - 3 - 0001| Chapter 106, Section 4) is amended to read: | 0002| "29-11A-4. REGISTRATION OF SEX OFFENDERS--INFORMATION | 0003| REQUIRED--CRIMINAL PENALTY FOR NONCOMPLIANCE.-- | 0004| A. A sex offender residing in this state shall | 0005| register with the county sheriff for the county in which the | 0006| sex offender resides. | 0007| B. A sex offender who is a current resident of New | 0008| Mexico shall register with the county sheriff no later than | 0009| thirty days after being released from the custody of the | 0010| corrections department or the children, youth and families | 0011| department or being placed on probation or parole. A sex | 0012| offender who changes his residence to New Mexico shall | 0013| register with the county sheriff no later than forty-five days | 0014| after establishing residence in this state. When a sex | 0015| offender registers with the county sheriff, he shall provide | 0016| the following information: | 0017| (1) his legal name and any other names or | 0018| aliases that ~~[the sex offender]~~ he is using or has used; | 0019| (2) his date of birth; | 0020| (3) his social security number; | 0021| (4) his current address; | 0022| (5) his place of employment; | 0023| (6) the sex offense for which he was | 0024| convicted or adjudicated delinquent; and | 0025| (7) the date and place of his sex offense | - 4 - 0001| conviction or adjudication. | 0002| C. When a sex offender registers with a county | 0003| sheriff, the sheriff shall obtain: | 0004| (1) a photograph of the sex offender and a | 0005| complete set of the sex offender's fingerprints; and | 0006| (2) a description of any tattoos, scars or | 0007| other distinguishing features on the sex offender's body that | 0008| would assist in identifying the sex offender. | 0009| D. When a sex offender who is registered changes | 0010| his residence within the same county, the sex offender shall | 0011| send written notice of his change of address to the county | 0012| sheriff no later than ten days after establishing his new | 0013| residence. | 0014| E. When a sex offender who is registered changes | 0015| his residence to a new county in New Mexico, the sex offender | 0016| shall register with the county sheriff of the new county no | 0017| later than ten days after establishing his new residence. The | 0018| sex offender shall also send written notice of the change in | 0019| residence to the county sheriff with whom he last registered | 0020| no later than ten days after establishing his new residence. | 0021| F. If the sex offender is a delinquent child, as | 0022| provided in Paragraph (3) or (4) of Subsection A of Section | 0023| 29-11A-3 NMSA 1978, the sex offender's parent, guardian or | 0024| custodian shall be responsible for complying with the | 0025| registration requirements set forth in the Sex Offender | - 5 - 0001| Registration and Notification Act until the sex offender | 0002| reaches eighteen years of age. When the sex offender reaches | 0003| eighteen years of age, he shall be responsible for complying | 0004| with the registration requirements set forth in the Sex | 0005| Offender Registration and Notification Act. | 0006| ~~[F.]~~ G. A sex offender or a sex offender's | 0007| parent, guardian or custodian who willfully fails to comply | 0008| with the registration requirements set forth in this section | 0009| is guilty of a misdemeanor and shall be punished by | 0010| imprisonment for a definite term less than one year or a fine | 0011| of not more than one thousand dollars ($1,000) or both. | 0012| ~~[G.]~~ H. A sex offender or a sex offender's | 0013| parent, guardian or custodian who provides false information | 0014| when complying with the registration requirements set forth in | 0015| this section is guilty of a misdemeanor and shall be punished | 0016| by imprisonment for a definite term less than one year or a | 0017| fine of not more than one thousand dollars ($1,000) or both." | 0018| Section 5. Section 29-11A-5 NMSA 1978 (being Laws 1995, | 0019| Chapter 106, Section 5) is amended to read: | 0020| "29-11A-5. LOCAL REGISTRY--CENTRAL REGISTRY-- | 0021| ADMINISTRATION BY DEPARTMENT OF PUBLIC SAFETY--EXCHANGE OF | 0022| REGISTRATION INFORMATION WITH OTHER STATES--RULES ~~[AND~~ | 0023| ~~REGULATIONS]~~.-- | 0024| A. A county sheriff may maintain a local registry | 0025| of sex offenders in his jurisdiction required to register | - 6 - 0001| pursuant to the provisions of the Sex Offender Registration | 0002| and Notification Act. | 0003| B. The county sheriff shall forward registration | 0004| information obtained from sex offenders to the department of | 0005| public safety. The registration information shall be | 0006| forwarded by the county sheriff no later than ten working days | 0007| after the information is obtained from a sex offender. | 0008| C. The department of public safety shall maintain | 0009| a central registry of sex offenders required to register | 0010| pursuant to the provisions of the Sex Offender Registration | 0011| and Notification Act. The department may enter into | 0012| interstate compact agreements providing for the exchange of | 0013| information regarding sex offenders ~~[provided that the other~~ | 0014| ~~state does not permit dissemination of information regarding~~ | 0015| ~~sex offenders to any persons or entities other than law~~ | 0016| ~~enforcement agencies]~~. | 0017| D. The department of public safety shall retain | 0018| registration information regarding sex offenders convicted or | 0019| adjudicated delinquent for the following sex offenses for a | 0020| period of twenty years following the sex offender's | 0021| conviction, adjudication, release from prison or release | 0022| from probation or parole, whichever occurs later: | 0023| (1) criminal sexual penetration in the first | 0024| or second degree, as provided in Section 30-9-11 NMSA 1978; | 0025| (2) criminal sexual contact of a minor in the | - 7 - 0001| third degree, as provided in Section 30-9-13 NMSA 1978; or | 0002| (3) sexual exploitation of children, as | 0003| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978. | 0004| E. The department of public safety shall retain | 0005| registration information regarding sex offenders convicted or | 0006| adjudicated delinquent for the following offenses for a | 0007| period of ten years following the sex offender's conviction, | 0008| adjudication, release from prison or release from probation | 0009| or parole, whichever occurs later: | 0010| (1) criminal sexual penetration in the third | 0011| or fourth degree, as provided in Section 30-9-11 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 the | 0015| fourth degree, as provided in Section 30-9-13 NMSA 1978; or | 0016| (4) sexual exploitation of children by | 0017| prostitution, as provided in Section 30-6A-4 NMSA 1978. | 0018| F. The department of public safety shall adopt | 0019| rules ~~[and regulations]~~ necessary to carry out the | 0020| provisions of the Sex Offender Registration and Notification | 0021| Act." | 0022| Section 6. Section 29-11A-7 NMSA 1978 (being Laws 1995, | 0023| Chapter 106, Section 7) is amended to read: | 0024| "29-11A-7. NOTICE TO SEX OFFENDERS OF DUTY TO | 0025| REGISTER.-- | - 8 - 0001| A. A court shall provide a sex offender | 0002| adjudicated guilty or delinquent in that court with written | 0003| notice of his duty to register pursuant to the provisions of | 0004| the Sex Offender Registration and Notification Act. ~~[The~~ | 0005| ~~written notice shall be included in judgment and sentence~~ | 0006| ~~forms provided to the sex offender.]~~ | 0007| B. The corrections department or the children, | 0008| youth and families department, at the time of release of a | 0009| sex offender in the department's custody, shall provide | 0010| written notification to the sex offender or the sex | 0011| offender's parent, guardian or custodian of his duty to | 0012| register pursuant to the provisions of the Sex Offender | 0013| Registration and Notification Act. The corrections | 0014| department or the children, youth and families department | 0015| shall also provide written notification regarding a sex | 0016| offender's release to the sheriff of the county in which the | 0017| sex offender is released. | 0018| C. The department of public safety, at the time it | 0019| is notified by officials from another state that a sex | 0020| offender will be establishing residence in New Mexico, shall | 0021| provide written notification to the sex offender or the sex | 0022| offender's parent, guardian or custodian of his duty to | 0023| register pursuant to the provisions of the Sex Offender | 0024| Registration and Notification Act." | 0025| Section 7. Section 29-11A-8 NMSA 1978 (being Laws 1995, | - 9 - 0001| Chapter 106, Section 8) is amended to read: | 0002| "29-11A-8. IMMUNITY.--Nothing in the Sex Offender | 0003| Registration and Notification Act creates a cause of action | 0004| on behalf of a person against a public employer, public | 0005| employee or public agency responsible for enforcement of the | 0006| provisions of that act, so long as the public employer, public | 0007| employee or public agency complies with the provisions of that | 0008| act." | 0009| Section 8. A new section of the Sex Offender | 0010| Registration and Notification Act is enacted to read: | 0011| "[NEW MATERIAL] PUBLIC ACCESS TO INFORMATION REGARDING | 0012| CERTAIN REGISTERED SEX OFFENDERS.-- | 0013| A. If a sex offender is convicted or adjudicated | 0014| delinquent for one of the following sex offenses, the county | 0015| sheriff shall forward registration information obtained from | 0016| the sex offender to the chief municipal law enforcement | 0017| officer, the chief administrator of the public library and the | 0018| superintendent of schools in the municipality in which the sex | 0019| offender resides: | 0020| (1) criminal sexual penetration in the first | 0021| or second degree, as provided in Section 30-9-11 NMSA 1978; | 0022| (2) criminal sexual contact of a minor in the | 0023| third or fourth degree, as provided in Section 30-9-13 NMSA | 0024| 1978; | 0025| (3) sexual exploitation of children, as | - 10 - 0001| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978; | 0002| or | 0003| (4) sexual exploitation of children by | 0004| prostitution, as provided in Section 30-6A-4 NMSA 1978. | 0005| B. A person who wishes to obtain registration | 0006| information regarding sex offenders described in Subsection A | 0007| of this section may request that information from a county | 0008| sheriff, a chief law enforcement officer of a municipality, a | 0009| chief administrator of a public library or a superintendent of | 0010| schools. All requests for registration information regarding | 0011| sex offenders described in Subsection A of this section shall | 0012| be subject to the provisions of the Inspection of Public | 0013| Records Act." | 0014| Section 9. REPEAL.--Section 29-11A-6 NMSA 1978 (being | 0015| Laws 1995, Chapter 106, Section 6) is repealed. | 0016| Section 10. EFFECTIVE DATE.--The effective date of the | 0017| provisions of this act is July 1, 1998. | 0018| |