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F I S C A L I M P A C T R E P O R T

SPONSOR Adair

ORIGINAL DATE

LAST UPDATED 2/17/07 HB

SHORT TITLE Sex Offender Act Definitions

SB 1016

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates House Bill 1299 Sex Offender Registration Act Definitions

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Defender Department (PDD)

Department of Public Safety (DPS)

Administrative Office of the District Attorneys (AODA)

New Mexico Sentencing Commission (NMSC)

No Response Received From

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

Senate Bill 1016 amends Section 29-11A-3 NMSA the Sex Offender Registration Notification

Act to clarify that a sex offender is one who is a resident of New Mexico convicted of a sex

offense pursuant to state, federal tribal or military law, and requires that equivalent sex offenses

committed in other jurisdictions be included in the definition of a sex offense.

FISCAL IMPLICATIONS

AODA states more cases may qualify in which individuals need to register. This may increase

the budgetary needs of the district attorneys and the resources needed to prosecute these cases.

Senate Bill 1016 – Page

2

SIGNIFICANT ISSUES

DPS reports what may constitute as a sex offense in another jurisdiction may not meet the

elements of the same or similar offense under New Mexico law. Also, what act(s) may

constitute as a sex offense in another jurisdiction may not exist under New Mexico law.

Currently, a person within the borders of the state of New Mexico and convicted of a sex offense

under the laws of any jurisdiction must register pursuant to the Sex Offender Registration and

Notification Act.

ADMINISTRATIVE IMPLICATIONS

AODA states it may need more resources to prosecute sex offense cases.

DPS states under the new definition, more offenders will be required to register but the increase

should not present significant issues in terms of the department accommodating the change.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The proposed legislation is a duplication of House Bill 1299 titled the “Sex Offender

Registration Act Definitions."

TECHNICAL ISSUES

AODA notes it will need to be determined what offense equivalents are in other jurisdictions.

OTHER SUBSTANTIVE ISSUES

Section 9-3-10 NMSA 1978 created the sex offender management board within the New Mexico

Sentencing Commission. The mission of the sex offender management board is to develop and

recommend best practices in the management and treatment of both adult and juvenile sex

offenders for the protection and prevention of current and future victims. The Sex Offender

Registration and Notification Act provides for the identification and monitoring of convicted sex

offenders in New Mexico communities. The sex offender management board monitors changes

in federal law and recommends amendments as necessary to ensure that New Mexico remains in

compliance.

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