HOUSE BILL 43

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Matthew McQueen

 

 

 

 

 

AN ACT

RELATING TO SEX OFFENDER REGISTRATION; CHANGING REGISTRATION TRIGGER AND TIME REQUIREMENTS; REQUIRING INDIVIDUALS THAT HAVE BEEN CONVICTED OF A SEX OFFENSE IN ANOTHER JURISDICTION THAT ARE REQUIRED TO REGISTER IN THAT JURISDICTION TO REGISTER IN NEW MEXICO.

 

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

     SECTION 1. Section 29-11A-3 NMSA 1978 (being Laws 1995, Chapter 106, Section 3, as amended) is amended to read:

     "29-11A-3. DEFINITIONS.--As used in the Sex Offender Registration and Notification Act:

          A. "business day" means a day that is not a Saturday, a Sunday or a state holiday;

          B. "conviction" means a conviction in any court of competent jurisdiction and includes a deferred sentence, but does not include a conditional discharge;

          C. "department" means the department of public safety;

          D. "institution of higher education" means a:

                (1) private or public post-secondary educational institution;

                (2) trade school; or

                (3) professional school;

          E. "habitually lives" means any place where a sex offender lives for at least thirty days in any three-hundred-sixty-five-day period;

          F. "out-of-state registrant" means any person who establishes a residence in New Mexico while the person is required to register as a sex offender in another state or territory;

          G. "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;

          H. "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 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] physically present in New Mexico for a period of time exceeding [fourteen] ten consecutive days or for an aggregate period of time exceeding [thirty] twenty 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];

          I. "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;

                (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 committed with the intent to inflict a sexual offense;

                (7) false imprisonment, as provided in Section 30-4-3 NMSA 1978, when committed with the intent to inflict a sexual offense;

                (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 younger than eighteen years of age;

                (11) child solicitation by electronic communication device, as provided in Section 30-37-3.2 NMSA 1978, for convictions occurring on or after July 1, 2013;

                (12) 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]

                (13) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (11) of this subsection, as provided in Section 30-28-1 NMSA 1978; or

                (14) any other conviction that would cause an individual to be registered as a sex offender in the jurisdiction where the offense was committed; and

          J. "social networking site" means an internet [web site] website that facilitates online social interaction by offering a mechanism for communication with other users, where such users are likely to include a substantial number of minors under the age of sixteen, and allowing users, through the creation of web pages, profiles or other means, to provide information about themselves that is available to the public or to other users."

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