Senate Bill text for SB0464

SENATE BILL 464

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Gay G. Kernan

AN ACT

RELATING TO SEX OFFENDERS; PROHIBITING SEX OFFENDERS WHO ARE REQUIRED TO REGISTER FROM RESIDING WITHIN THREE HUNDRED FEET OF AN EXTERIOR BOUNDARY OF A SCHOOL.

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

Section 1. A new section of the Sex Offender Registration and Notification Act is enacted to read:

"[NEW MATERIAL] SEX OFFENDER RESIDENCE NEAR SCHOOLS PROHIBITED.--

A. A sex offender who is registered or required to register pursuant to the provisions of the Sex Offender Registration and Notification Act shall not establish a residence or live in a shelter, halfway house or transitional living facility that is within three hundred feet of an exterior boundary of a school.

B. For the purposes of this section, all measurements taken to determine the location of the residence, shelter, house or facility in relation to a school shall be the straight line distance from the property line of the school to the property line of the residence, shelter, house or facility.

C. As used in this section, "school" means a public school, parochial school, private school, charter school or licensed daycare center or preschool or property that is used for school purposes, but "school" does not mean a post-secondary school."

Section 2. 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 OF DUTY TO

A. A court shall provide a sex offender convicted in that court with written notice of his 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. The written notice shall inform the sex offender that he is required to:

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

(2) not reside, live or be temporarily located within three hundred feet of an exterior boundary of a school pursuant to the provisions of the Sex Offender Registration and Notification Act;

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

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

[(4)] (5) disclose his status as a sex offender in writing when he 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)] (6) provide 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 pursuant to the provisions of the Sex Offender Registration and Notification Act;

[(6)] (7) disclose his status as a sex offender in writing when he 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)] (8) provide written notice of any change regarding his 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)] (9) disclose his status as a sex offender in writing to his employer, supervisor or other person similarly situated, when he begins employment, begins a vocation or volunteers his services, regardless of whether the sex offender receives payment or other compensation, pursuant to the provisions of the Sex Offender Registration and Notification Act; and

[(9)] (10) read and sign a form that indicates that the sex offender 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 in its custody, shall provide a written notice to the sex offender of his 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 to:

(2) not reside, live or be temporarily located within three hundred feet of an exterior boundary of a school pursuant to the provisions of the Sex Offender Registration and Notification Act;

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

[(9)] (10) read and sign a form that indicates that the sex offender 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 release to the sheriff of the county in which the sex offender 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 will be establishing residence in New Mexico, shall provide written notice to the sex offender of his duty to register pursuant to the provisions of the Sex Offender Registration and Notification Act."

Section 3. APPLICABILITY.--The provisions of this act are applicable to a sex offender who changes his residence or location to New Mexico or within New Mexico on or after July 1, 2007.

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

- 8 -