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AN ACT

RELATING TO SEX OFFENDERS; CREATING A NEW CRIME OF AGGRAVATED

CRIMINAL SEXUAL PENETRATION; INCREASING PENALTIES FOR SEX

OFFENSES AGAINST MINORS; RESPONDING TO JESSICA'S LAW;

IMPOSING LIFETIME PAROLE SUPERVISION FOR CERTAIN SEX

OFFENDERS; CLARIFYING STANDARD OF PROOF; CLARIFYING

DEFINITIONS; INCREASING PERIOD OF PAROLE FOR CRIMINAL SEXUAL

CONTACT OF A MINOR IN THE FOURTH DEGREE.

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

Section 1. Section 30-9-11 NMSA 1978 (being Laws 1975,

Chapter 109, Section 2, as amended) is amended to read:

"30-9-11. CRIMINAL SEXUAL PENETRATION.--

A. Criminal sexual penetration is the unlawful

and intentional causing of a person to engage in sexual

intercourse, cunnilingus, fellatio or anal intercourse or the

causing of penetration, to any extent and with any object, of

the genital or anal openings of another, whether or not there

is any emission.

B. Criminal sexual penetration does not include

medically indicated procedures.

C. Aggravated criminal sexual penetration consists

of all criminal sexual penetration perpetrated on a child

under nine years of age with an intent to kill or with a

depraved mind regardless of human life. Whoever commits

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aggravated criminal sexual penetration is guilty of a first

degree felony for aggravated criminal sexual penetration.

D. Criminal sexual penetration in the first degree

consists of all criminal sexual penetration perpetrated:

(1) on a child under thirteen years of age;

(2) by the use of force or coercion that

results in great bodily harm or great mental anguish to the

victim.

Whoever commits criminal sexual penetration in the first

degree is guilty of a first degree felony.

E. Criminal sexual penetration in the second

degree consists of all criminal sexual penetration

perpetrated:

(1) by the use of force or coercion on a

child thirteen to eighteen years of age;

(2) on an inmate confined in a correctional

facility or jail when the perpetrator is in a position of

authority over the inmate;

(3) by the use of force or coercion that

results in personal injury to the victim;

(4) by the use of force or coercion when the

perpetrator is aided or abetted by one or more persons;

(5) in the commission of any other felony;

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(6) when the perpetrator is armed with a

deadly weapon.

Whoever commits criminal sexual penetration in the

second degree is guilty of a second degree felony. Whoever

commits criminal sexual penetration in the second degree when

the victim is a child who is thirteen to eighteen years of

age is guilty of a second degree felony for a sexual offense

against a child and, notwithstanding the provisions of

Section 31-18-15 NMSA 1978, shall be sentenced to a minimum

term of imprisonment of three years, which shall not be

suspended or deferred. The imposition of a minimum,

mandatory term of imprisonment pursuant to the provisions of

this subsection shall not be interpreted to preclude the

imposition of sentencing enhancements pursuant to the

provisions of the Criminal Sentencing Act.

F. Criminal sexual penetration in the third degree

consists of all criminal sexual penetration perpetrated

through the use of force or coercion not otherwise specified

in this section.

Whoever commits criminal sexual penetration in the third

degree is guilty of a third degree felony.

G. Criminal sexual penetration in the fourth

degree consists of all criminal sexual penetration:

(1) not defined in Subsections D through F

of this section perpetrated on a child thirteen to sixteen

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years of age when the perpetrator is at least eighteen years

of age and is at least four years older than the child and

not the spouse of that child; or

(2) perpetrated on a child thirteen to

eighteen years of age when the perpetrator, who is a licensed

school employee, an unlicensed school employee, a school

contract employee, a school health service provider or a

school volunteer, and who is at least eighteen years of age

and is at least four years older than the child and not the

spouse of that child, learns while performing services in or

for a school that the child is a student in a school.

Whoever commits criminal sexual penetration in the

fourth degree is guilty of a fourth degree felony."

Section 2. Section 31-18-15 NMSA 1978 (being Laws 1977,

Chapter 216, Section 4, as amended) is amended to read:

"31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES--

BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS

DEDUCTIONS.--

A. If a person is convicted of a noncapital

felony, the basic sentence of imprisonment is as follows:

(1) for a first degree felony resulting in

the death of a child, life imprisonment;

(2) for a first degree felony for aggravated

criminal sexual penetration, life imprisonment;

(3) for a first degree felony, eighteen

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years imprisonment;

(4) for a second degree felony resulting in

the death of a human being, fifteen years imprisonment;

(5) for a second degree felony for a sexual

offense against a child, fifteen years imprisonment;

(6) for a second degree felony, nine years

imprisonment;

(7) for a third degree felony resulting in

the death of a human being, six years imprisonment;

(8) for a third degree felony for a sexual

offense against a child, six years imprisonment;

(9) for a third degree felony, three years

imprisonment; or

(10) for a fourth degree felony, eighteen

months imprisonment.

B. The appropriate basic sentence of imprisonment

shall be imposed upon a person convicted and sentenced

pursuant to Subsection A of this section, unless the court

alters the sentence pursuant to the provisions of the

Criminal Sentencing Act.

C. The court shall include in the judgment and

sentence of each person convicted and sentenced to

imprisonment in a corrections facility designated by the

corrections department authority for a period of parole to be

served in accordance with the provisions of Section 31-21-10

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NMSA 1978 after the completion of any actual time of

imprisonment and authority to require, as a condition of

parole, the payment of the costs of parole services and

reimbursement to a law enforcement agency or local crime

stopper program in accordance with the provisions of that

section. The period of parole shall be deemed to be part of

the sentence of the convicted person in addition to the basic

sentence imposed pursuant to Subsection A of this section

together with alterations, if any, pursuant to the provisions

of the Criminal Sentencing Act.

D. When a court imposes a sentence of imprisonment

pursuant to the provisions of Section 31-18-15.1, 31-18-16,

31-18-16.1 or 31-18-17 NMSA 1978 and suspends or defers the

basic sentence of imprisonment provided pursuant to the

provisions of Subsection A of this section, the period of

parole shall be served in accordance with the provisions of

Section 31-21-10 NMSA 1978 for the degree of felony for the

basic sentence for which the inmate was convicted. For the

purpose of designating a period of parole, a court shall not

consider that the basic sentence of imprisonment was

suspended or deferred and that the inmate served a period of

imprisonment pursuant to the provisions of the Criminal

Sentencing Act.

E. The court may, in addition to the imposition of

a basic sentence of imprisonment, impose a fine not to

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exceed:

(1) for a first degree felony resulting in

the death of a child, seventeen thousand five hundred dollars

($17,500);

(2) for a first degree felony for aggravated

criminal sexual penetration, seventeen thousand five hundred

dollars ($17,500);

(3) for a first degree felony, fifteen

thousand dollars ($15,000);

(4) for a second degree felony resulting in

the death of a human being, twelve thousand five hundred

dollars ($12,500);

(5) for a second degree felony for a sexual

offense against a child, twelve thousand five hundred dollars

($12,500);

(6) for a second degree felony, ten thousand

dollars ($10,000);

(7) for a third degree felony resulting in

the death of a human being, five thousand dollars ($5,000);

(8) for a third degree felony for a sexual

offense against a child, five thousand dollars ($5,000); or

(9) for a third or fourth degree felony,

five thousand dollars ($5,000).

F. When the court imposes a sentence of

imprisonment for a felony offense, the court shall indicate

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whether or not the offense is a serious violent offense, as

defined in Section 33-2-34 NMSA 1978. The court shall inform

an offender that the offender's sentence of imprisonment is

subject to the provisions of Sections 33-2-34, 33-2-36,

33-2-37 and 33-2-38 NMSA 1978. If the court fails to inform

an offender that the offender's sentence is subject to those

provisions or if the court provides the offender with

erroneous information regarding those provisions, the failure

to inform or the error shall not provide a basis for a writ

of habeas corpus.

G. No later than October 31 of each year, the

New Mexico sentencing commission shall provide a written

report to the secretary of corrections, all New Mexico

criminal court judges, the administrative office of the

district attorneys and the chief public defender. The report

shall specify the average reduction in the sentence of

imprisonment for serious violent offenses and nonviolent

offenses, as defined in Section 33-2-34 NMSA 1978, due to

meritorious deductions earned by prisoners during the

previous fiscal year pursuant to the provisions of Sections

33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. The

corrections department shall allow the commission access to

documents used by the department to determine earned

meritorious deductions for prisoners."

Section 3. Section 31-21-10 NMSA 1978 (being Laws 1980,

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Chapter 28, Section 1, as amended) is amended to read:

"31-21-10. PAROLE AUTHORITY AND PROCEDURE.--

A. An inmate of an institution who was sentenced

to life imprisonment becomes eligible for a parole hearing

after the inmate has served thirty years of the sentence.

Before ordering the parole of an inmate sentenced to life

imprisonment, the board shall:

(1) interview the inmate at the institution

where the inmate is committed;

(2) consider all pertinent information

concerning the inmate, including:

(a) the circumstances of the offense;

(b) mitigating and aggravating

circumstances;

the commission of the offense;

(d) whether the inmate is a habitual

offender;

(e) the reports filed under Section

31-21-9 NMSA 1978; and

(f) the reports of such physical and

mental examinations as have been made while in an

institution;

(3) make a finding that a parole is in the

best interest of society and the inmate; and

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(4) make a finding that the inmate is able

and willing to fulfill the obligations of a law-abiding

citizen.

If parole is denied, the inmate sentenced to life

imprisonment shall again become entitled to a parole hearing

at two-year intervals. The board may, on its own motion,

reopen any case in which a hearing has already been granted

and parole denied.

B. Unless the board finds that it is in the best

interest of society and the parolee to reduce the period of

parole, a person who was convicted of a capital felony shall

be required to undergo a minimum period of parole of five

years. During the period of parole, the person shall be

under the guidance and supervision of the board.

C. Except for certain sex offenders as provided in

Section 31-21-10.1 NMSA 1978, an inmate who was convicted of

a first, second or third degree felony and who has served the

sentence of imprisonment imposed by the court in an

institution designated by the corrections department shall be

required to undergo a two-year period of parole. An inmate

who was convicted of a fourth degree felony and who has

served the sentence of imprisonment imposed by the court in

an institution designated by the corrections department shall

be required to undergo a one-year period of parole. During

the period of parole, the person shall be under the guidance

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and supervision of the board.

D. Every person while on parole shall remain in

the legal custody of the institution from which the person

was released, but shall be subject to the orders of the

board. The board shall furnish to each inmate as a

prerequisite to release under its supervision a written

statement of the conditions of parole that shall be accepted

and agreed to by the inmate as evidenced by the inmate's

signature affixed to a duplicate copy to be retained in the

files of the board. The board shall also require as a

prerequisite to release the submission and approval of a

parole plan. If an inmate refuses to affix the inmate's

signature to the written statement of the conditions of

parole or does not have an approved parole plan, the inmate

shall not be released and shall remain in the custody of the

institution in which the inmate has served the inmate's

sentence, excepting parole, until such time as the period of

parole the inmate was required to serve, less meritorious

deductions, if any, expires, at which time the inmate shall

be released from that institution without parole, or until

such time that the inmate evidences acceptance and agreement

to the conditions of parole as required or receives approval

for the inmate's parole plan or both. Time served from the

date that an inmate refuses to accept and agree to the

conditions of parole or fails to receive approval for the

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inmate's parole plan shall reduce the period, if any, to be

served under parole at a later date. If the district court

has ordered that the inmate make restitution to a victim as

provided in Section 31-17-1 NMSA 1978, the board shall

include restitution as a condition of parole. The board

shall also personally apprise the inmate of the conditions of

parole and the inmate's duties relating thereto.

E. When a person on parole has performed the

obligations of the person's release for the period of parole

provided in this section, the board shall make a final order

of discharge and issue the person a certificate of discharge.

F. Pursuant to the provisions of Section 31-18-15

NMSA 1978, the board shall require the inmate as a condition

of parole:

(1) to pay the actual costs of parole

services to the adult probation and parole division of the

corrections department for deposit to the corrections

department intensive supervision fund not exceeding one

thousand eight hundred dollars ($1,800) annually to be paid

in monthly installments of not less than twenty-five dollars

($25.00) and not more than one hundred fifty dollars ($150),

as set by the appropriate district supervisor of the adult

probation and parole division, based upon the financial

circumstances of the defendant. The defendant's payment of

the supervised parole costs shall not be waived unless the

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board holds an evidentiary hearing and finds that the

defendant is unable to pay the costs. If the board waives

the defendant's payment of the supervised parole costs and

the defendant's financial circumstances subsequently change

so that the defendant is able to pay the costs, the

appropriate district supervisor of the adult probation and

parole division shall advise the board and the board shall

hold an evidentiary hearing to determine whether the waiver

should be rescinded; and

(2) to reimburse a law enforcement agency or

local crime stopper program for the amount of any reward paid

by the agency or program for information leading to the

inmate's arrest, prosecution or conviction.

G. The provisions of this section shall apply to

all inmates except geriatric, permanently incapacitated and

terminally ill inmates eligible for the medical and geriatric

parole program as provided by the Parole Board Act."

Section 4. Section 31-21-10.1 NMSA 1978 (being Laws

2003 (1st S.S.), Chapter 1, Section 9) is amended to read:

"31-21-10.1. SEX OFFENDERS--PERIOD OF PAROLE--TERMS AND

CONDITIONS OF PAROLE.--

A. If the district court sentences a sex offender

to a term of incarceration in a facility designated by the

corrections department, the district court shall include a

provision in the judgment and sentence that specifically

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requires the sex offender to serve an indeterminate period of

supervised parole for a period of:

(1) not less than five years and not in

excess of twenty years for the offense of kidnapping when

committed with intent to inflict a sexual offense upon the

victim, criminal sexual penetration in the third degree,

criminal sexual contact of a minor in the fourth degree or

sexual exploitation of children in the second degree; or

(2) not less than five years and up to the

natural life of the sex offender for the offense of aggravated

criminal sexual penetration, criminal sexual penetration in

the first or second degree, criminal sexual contact of a minor

in the second or third degree or sexual exploitation of

children by prostitution in the first or second degree.

A sex offender's period of supervised parole may be for

a period of less than the maximum if, at a review hearing

provided for in Subsection C of this section, the state is

unable to prove that the sex offender should remain on parole.

B. Prior to placing a sex offender on parole, the

board shall conduct a hearing to determine the terms and

conditions of supervised parole for the sex offender. The

board may consider any relevant factors, including:

(1) the nature and circumstances of the

offense for which the sex offender was incarcerated;

(2) the nature and circumstances of a prior

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sex offense committed by the sex offender;

(3) rehabilitation efforts engaged in by the

sex offender, including participation in treatment programs

while incarcerated or elsewhere;

(4) the danger to the community posed by the

sex offender; and

(5) a risk and needs assessment regarding

the sex offender, developed by the sex offender management

board of the New Mexico sentencing commission or another

appropriate entity, to be used by appropriate parole board

personnel.

C. When a sex offender has served the initial five

years of supervised parole, and at two and

one-half year intervals thereafter, the board shall review the

duration of the sex offender's supervised parole. At each

review hearing, the attorney general shall bear the burden of

proving by clear and convincing evidence that the sex offender

should remain on parole.

D. The board may order a sex offender released on

parole to abide by reasonable terms and conditions of parole,

including:

(1) being subject to intensive supervision

by a parole officer of the corrections department;

(2) participating in an outpatient or

inpatient sex offender treatment program;

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(3) a parole agreement by the sex offender

not to use alcohol or drugs;

(4) a parole agreement by the sex offender

not to have contact with certain persons or classes of

persons; and

(5) being subject to alcohol testing, drug

testing or polygraph examinations used to determine if the sex

offender is in compliance with the terms and conditions of the

sex offender's parole.

E. The board shall require electronic real-time

monitoring of every sex offender released on parole for the

entire time the sex offender is on parole. The electronic

monitoring shall use global positioning system monitoring

technology or any successor technology that would give

continuous information on the sex offender's whereabouts and

enable law enforcement and the corrections department to

determine the real-time position of a sex offender to a high

level of accuracy.

F. The board shall notify the chief public

defender of an upcoming parole hearing for a sex offender

pursuant to Subsection C of this section, and the chief public

defender shall make representation available to the sex

offender at the parole hearing.

G. If the board finds that a sex offender has

violated the terms and conditions of parole, the board may

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revoke the sex offender's parole or may modify the terms and

conditions of parole.

H. The provisions of this section shall apply to

all sex offenders, except geriatric, permanently incapacitated

and terminally ill inmates eligible for the medical and

geriatric parole program as provided by the Parole Board Act.

I. As used in this section, "sex offender" means a

person who is convicted of, pleads guilty to or pleads nolo

contendere to any one of the following offenses:

(1) kidnapping, as provided in

Section 30-4-1 NMSA 1978, when committed with intent to

inflict a sexual offense upon the victim;

(2) aggravated criminal sexual penetration

or criminal sexual penetration in the first, second or third

degree, as provided in Section 30-9-11 NMSA 1978;

(3) criminal sexual contact of a minor in

the second, third or fourth degree, as provided in Section

30-9-13 NMSA 1978;

(4) sexual exploitation of children in the

second degree, as provided in Section 30-6A-3 NMSA 1978; or

(5) sexual exploitation of children by

prostitution in the first or second degree, as provided in

Section 30-6A-4 NMSA 1978."

Section 5. Section 29-11A-3 NMSA 1978 (being Laws 1995,

Chapter 106, Section 3, as amended) is amended to read:

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"29-11A-3. DEFINITIONS.--As used in the Sex Offender

Registration and Notification Act:

A. "conviction" means a conviction in any court of

competent jurisdiction and includes a deferred sentence, but

does not include a conditional discharge;

B. "institution of higher education" means a:

(1) private or public post-secondary

educational institution;

(2) trade school; or

(3) professional school;

C. "registration requirement" means any

requirement set forth in Section 29-11A-4 NMSA 1978 that

requires a sex offender to register, provide information,

including a DNA sample, renew, revise or change registration

information or provide written notice or disclosure regarding

the sex offender's status as a sex offender;

D. "sex offender" means a person who:

(1) is a resident of New Mexico who is

convicted of a sex offense pursuant to state, federal, tribal

or military law;

(2) changes residence to New Mexico, when

that person has been convicted of a sex offense pursuant to

state, federal, tribal or military law;

(3) does not have an established residence

in New Mexico, but lives in a shelter, halfway house or

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transitional living facility or stays in multiple locations in

New Mexico and who has been convicted of a sex offense

pursuant to state, federal, tribal or military law; or

(4) is a resident of another state and who

has been convicted of a sex offense pursuant to state,

federal, tribal or military law, but who is:

(a) employed full time or part time in

New Mexico for a period of time exceeding fourteen days or for

an aggregate period of time exceeding thirty days during any

calendar year, including any employment or vocation, whether

financially compensated, volunteered or for the purpose of

government or educational benefit; or

(b) enrolled on a full-time or

part-time basis in a private or public school or an

institution of higher education in New Mexico; and

E. "sex offense" means any of the following

offenses or their equivalents in any other jurisdiction:

(1) aggravated criminal sexual penetration

or criminal sexual penetration in the first, second, third or

fourth degree, as provided in Section 30-9-11 NMSA 1978;

(2) criminal sexual contact in the fourth

degree, as provided in Section 30-9-12 NMSA 1978;

(3) criminal sexual contact of a minor in

the second, third or fourth degree, as provided in Section

30-9-13 NMSA 1978;

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(4) sexual exploitation of children, as

provided in Section 30-6A-3 NMSA 1978;

(5) sexual exploitation of children by

prostitution, as provided in Section 30-6A-4 NMSA 1978;

(6) kidnapping, as provided in Section

30-4-1 NMSA 1978, when the victim is less than eighteen years

of age and the offender is not a parent of the victim;

(7) false imprisonment, as provided in

Section 30-4-3 NMSA 1978, when the victim is less than

eighteen years of age and the offender is not a parent of the

victim;

(8) aggravated indecent exposure, as

provided in Section 30-9-14.3 NMSA 1978;

(9) enticement of child, as provided in

Section 30-9-1 NMSA 1978;

(10) incest, as provided in Section 30-10-3

NMSA 1978, when the victim is less than eighteen years of age;

(11) solicitation to commit criminal sexual

contact of a minor in the second, third or fourth degree, as

provided in Sections 30-9-13 and 30-28-3 NMSA 1978; or

(12) attempt to commit any of the sex

offenses set forth in Paragraphs (1) through (10) of this

subsection, as provided in Section 30-28-1 NMSA 1978."

Section 6. Section 29-11A-5 NMSA 1978 (being Laws 1995,

Chapter 106, Section 5, as amended) is amended to read:

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"29-11A-5. LOCAL REGISTRY--CENTRAL REGISTRY--

ADMINISTRATION BY DEPARTMENT OF PUBLIC SAFETY--PARTICIPATION

IN THE NATIONAL SEX OFFENDER REGISTRY--RULES.--

A. A county sheriff shall maintain a local

registry of sex offenders in the sheriff's jurisdiction

required to register pursuant to the provisions of the Sex

Offender Registration and Notification Act.

B. The county sheriff shall forward:

(1) registration information obtained from

sex offenders to the department of public safety. The initial

registration information and any new registration information

subsequently obtained from a sex offender shall be forwarded

by the county sheriff no later than ten working days after the

information is obtained from a sex offender. If the

department of public safety receives information regarding a

sex offender from a governmental entity other than a county

sheriff, the department shall send that information to the

sheriff for the county in which the sex offender resides; and

(2) samples of DNA obtained from sex

offenders to the administrative center for the sex offender

DNA identification system pursuant to the provisions of the

DNA Identification Act.

C. The department of public safety shall maintain

a central registry of sex offenders required to register

pursuant to the provisions of the Sex Offender Registration

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and Notification Act. The department shall participate in the

national sex offender registry administered by the United

States department of justice. The department shall send

conviction information and fingerprints for all sex offenders

registered in New Mexico to the national sex offender registry

administered by the United States department of justice and to

the federal bureau of investigation.

D. The department of public safety shall retain

registration information regarding a sex offender convicted

for any of the following sex offenses for the entirety of the

sex offender's natural life:

(1) aggravated criminal sexual penetration

or criminal sexual penetration in the first, second or third

degree, as provided in Section 30-9-11 NMSA 1978;

(2) criminal sexual contact of a minor in

the second, third or fourth degree, as provided in Section

30-9-13 NMSA 1978;

(3) sexual exploitation of children, as

provided in Section 30-6A-3 NMSA 1978;

(4) kidnapping, as provided in Section

30-4-1 NMSA 1978, when the victim is less than eighteen years

of age and the offender is not a parent of the victim;

(5) criminal sexual contact in the fourth

degree, as provided in Section 30-9-12 NMSA 1978; or

(6) attempt to commit any of the sex

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offenses set forth in Paragraphs (1) through (5) of this

subsection, as provided in Section 30-28-1 NMSA 1978.

E. The department of public safety shall retain

registration information regarding a sex offender convicted

for the following offenses for a period of ten years following

the sex offender's conviction, release from prison or release

from probation or parole, whichever occurs later:

(1) criminal sexual penetration in the

fourth degree, as provided in Section 30-9-11 NMSA 1978;

(2) sexual exploitation of children by

prostitution, as provided in Section 30-6A-4 NMSA 1978;

(3) false imprisonment, as provided in

Section 30-4-3 NMSA 1978, when the victim is less than

eighteen years of age and the offender is not a parent of the

victim;

(4) aggravated indecent exposure, as

provided in Section 30-9-14.3 NMSA 1978;

(5) enticement of child, as provided in

Section 30-9-1 NMSA 1978;

(6) incest, as provided in Section 30-10-3

NMSA 1978, when the victim is less than eighteen years of age;

(7) solicitation to commit criminal sexual

contact of a minor in the second, third or fourth degree, as

provided in Sections 30-9-13 and 30-28-3 NMSA 1978; or

(8) attempt to commit any of the sex

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offenses set forth in Paragraphs (1) through (6) of this

subsection, as provided in Section 30-28-1 NMSA 1978.

F. Notwithstanding the provisions of Subsection E

of this section, if a sex offender is convicted a second or

subsequent time for a sex offense set forth in that

subsection, the department of public safety shall retain

information regarding the sex offender for the entirety of the

sex offender's natural life.

G. The department of public safety shall adopt

rules necessary to carry out the provisions of the Sex

Offender Registration and Notification Act. Rules necessary

for the collection of DNA samples and the administration and

operation of the sex offender DNA identification system shall

be adopted by the DNA identification system oversight

committee pursuant to the provisions of the DNA Identification

Act."

Section 7. Section 29-11A-5.1 NMSA 1978 (being Laws

1999, Chapter 19, Section 8, as amended) is amended to read:

"29-11A-5.1. PUBLIC ACCESS TO INFORMATION REGARDING

CERTAIN REGISTERED SEX OFFENDERS--ACTIVE COMMUNITY

NOTIFICATION--INTERNET WEB SITE.--

A. If a sex offender is convicted of one of the

following sex offenses, the county sheriff shall forward

registration information obtained from the sex offender to the

district attorney for the judicial district in which the sex

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offender resides and, if the sex offender is a resident of a

municipality, the chief law enforcement officer for the

municipality in which the sex offender resides:

(1) aggravated criminal sexual penetration

or criminal sexual penetration in the first, second or third

degree, as provided in Section 30-9-11 NMSA 1978;

(2) criminal sexual contact of a minor in

the second, third or fourth degree, as provided in Section

30-9-13 NMSA 1978;

(3) sexual exploitation of children, as

provided in Section 30-6A-3 NMSA 1978;

(4) sexual exploitation of children by

prostitution, as provided in Section 30-6A-4 NMSA 1978; or

(5) attempt to commit any of the sex

offenses set forth in Paragraphs (1) through (4) of this

subsection, as provided in Section 30-28-1 NMSA 1978.

B. A person who wants to obtain registration

information regarding sex offenders described in Subsection A

of this section may request that information from the:

(1) sheriff for the county in which the sex

offenders reside;

(2) chief law enforcement officer for the

municipality in which the sex offenders reside;

(3) district attorney for the judicial

district in which the sex offenders reside; or

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(4) secretary of public safety.

C. Upon receiving a request for registration

information regarding sex offenders described in Subsection A

of this section, the county sheriff, chief municipal law

enforcement officer, district attorney or secretary of public

safety shall provide that registration information, with the

exception of a sex offender's social security number and DNA

information, within a reasonable period of time, and no later

than seven days after receiving the request.

D. Within seven days of receiving registration

information from a sex offender described in Subsection A of

this section, the county sheriff shall contact every licensed

daycare center, elementary school, middle school and high

school within a one-mile radius of the sex offender's

residence and provide them with the sex offender's

registration information, with the exception of the sex

offender's social security number and DNA information.

E. The department of public safety shall establish

and manage an internet web site that provides the public with

registration information regarding sex offenders described in

Subsection A of this section, except that the department of

public safety shall not provide registration information on

the internet web site regarding a sex offender who was less

than eighteen years of age when the sex offender committed the

sex offense for which the sex offender was convicted as a

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youthful offender, as provided in Section 32A-2-3 NMSA 1978,

unless at the time of sentencing, the court made a finding

that the sex offender is not amenable to treatment and is a

danger to the community. The registration information

provided to the public pursuant to this subsection shall not

include a sex offender's social security number or DNA

information or a sex offender's place of employment, unless

the sex offender's employment requires the sex offender to

have direct contact with children."

Section 8. APPLICABILITY.--The provisions of Section 5

of this act are applicable to:

A. a person convicted of a sex offense on or after

July 1, 1995; and

B. a person convicted of a sex offense prior to

July 1, 1995 and who, on July 1, 1995, was still incarcerated,

on probation or on parole for commission of that sex offense.

Section 9. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.