0001| | 0002| HOUSE BILL 95 | 0003| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0004| INTRODUCED BY | 0005| BOBBIE K. MALLORY | 0006| | 0007| | 0008| | 0009| | 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| AMENDING SECTIONS OF THE SEX OFFENDER REGISTRATION ACT. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 29-11A-1 NMSA 1978 (being Laws 1995, | 0019| Chapter 106, Section 1) is amended to read: | 0020| "29-11A-1. SHORT TITLE.--~~[This act]~~ Chapter 29, | 0021| Article 11A NMSA 1978 may be cited as the "Sex Offender | 0022| Registration Act"." | 0023| Section 2. Section 29-11A-2 NMSA 1978 (being Laws 1995, | 0024| Chapter 106, Section 2) is amended to read: | 0025| "29-11A-2. FINDINGS--PURPOSE.-- | - 1 - 0001| A. The legislature finds that: | 0002| (1) sex offenders pose a significant risk of | 0003| recidivism; and | 0004| (2) the efforts of law enforcement agencies | 0005| to protect their communities from sex offenders are impaired | 0006| by the lack of information available concerning convicted sex | 0007| offenders who live within the agencies' ~~[jurisdiction]~~ | 0008| jurisdictions. | 0009| B. The purpose of the Sex Offender Registration | 0010| Act is to assist law enforcement agencies' efforts to protect | 0011| their communities by: | 0012| (1) requiring sex offenders to register with | 0013| the county sheriff of the county in which the sex offender | 0014| resides; and | 0015| (2) requiring the establishment of a central | 0016| registry for sex offenders." | 0017| Section 3. Section 29-11A-3 NMSA 1978 (being Laws 1995, | 0018| Chapter 106, Section 3) is amended to read: | 0019| "29-11A-3. DEFINITIONS.--As used in the Sex Offender | 0020| Registration Act: | 0021| A. "sex offender" means: | 0022| (1) a person convicted of a sex offense on or | 0023| after July 1, 1995; ~~[or]~~ | 0024| (2) a person who changes his residence to New | 0025| Mexico, when that person has been convicted of a sex offense | - 2 - 0001| in another state on or after July 1, 1995; ~~[and]~~ | 0002| (3) a delinquent child adjudicated for a sex | 0003| offense on or after July 1, 1998; or | 0004| (4) a delinquent child who changes his | 0005| residence to New Mexico, when that delinquent child has been | 0006| adjudicated for a sex offense in another state on or after | 0007| July 1, 1998; and | 0008| B. "sex offense" means: | 0009| (1) criminal sexual penetration in the first, | 0010| second, third or fourth degree, as provided in Section 30-9-11 | 0011| 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| third or fourth degree, as provided in Section 30-9-13 NMSA | 0016| 1978; | 0017| (4) sexual exploitation of children, as | 0018| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978; | 0019| or | 0020| (5) sexual exploitation of children by | 0021| prostitution, as provided in Section 30-6A-4 NMSA 1978." | 0022| Section 4. Section 29-11A-4 NMSA 1978 (being Laws 1995, | 0023| Chapter 106, Section 4) is amended to read: | 0024| "29-11A-4. REGISTRATION OF SEX OFFENDERS--INFORMATION | 0025| REQUIRED--CRIMINAL PENALTY FOR NONCOMPLIANCE.-- | - 3 - 0001| A. A sex offender residing in this state shall | 0002| register with the county sheriff for the county in which the | 0003| sex offender resides. | 0004| B. A sex offender who is a current resident of New | 0005| Mexico shall register with the county sheriff no later than | 0006| thirty days after being released from the custody of the | 0007| corrections department or the children, youth and families | 0008| department or being placed on probation or parole. A sex | 0009| offender who changes his residence to New Mexico shall | 0010| register with the county sheriff no later than forty-five days | 0011| after establishing residence in this state. When a sex | 0012| offender registers with the county sheriff, he shall provide | 0013| the following information: | 0014| (1) his legal name and any other names or | 0015| aliases that ~~[the sex offender]~~ he is using or has used; | 0016| (2) his date of birth; | 0017| (3) his social security number; | 0018| (4) his current address; | 0019| (5) his place of employment; | 0020| (6) the sex offense for which he was | 0021| convicted or adjudicated delinquent; and | 0022| (7) the date and place of his sex offense | 0023| conviction or adjudication. | 0024| C. When a sex offender registers with a county | 0025| sheriff, the sheriff shall obtain: | - 4 - 0001| (1) a photograph of the sex offender and a | 0002| complete set of the sex offender's fingerprints; and | 0003| (2) a description of any tattoos, scars or | 0004| other distinguishing features on the sex offender's body that | 0005| would assist in identifying the sex offender. | 0006| D. When a sex offender who is registered changes | 0007| his residence within the same county, the sex offender shall | 0008| send written notice of his change of address to the county | 0009| sheriff no later than ten days after establishing his new | 0010| residence. | 0011| E. When a sex offender who is registered changes | 0012| his residence to a new county in New Mexico, the sex offender | 0013| shall register with the county sheriff of the new county no | 0014| later than ten days after establishing his new residence. The | 0015| sex offender shall also send written notice of the change in | 0016| residence to the county sheriff with whom he last registered | 0017| no later than ten days after establishing his new residence. | 0018| F. If the sex offender is a delinquent child, as | 0019| provided in Paragraph (3) or (4) of Subsection A of Section | 0020| 29-11A-3 NMSA 1978, the sex offender's parent, guardian or | 0021| custodian shall be responsible for complying with the | 0022| registration requirements set forth in the Sex Offender | 0023| Registration Act until the sex offender reaches eighteen years | 0024| of age. When the sex offender reaches eighteen years of age, | 0025| he shall be responsible for complying with the registration | - 5 - 0001| requirements set forth in the Sex Offender Registration Act. | 0002| ~~[F.]~~ G. A sex offender or a sex offender's | 0003| parent, guardian or custodian who willfully fails to comply | 0004| with the registration requirements set forth in this section | 0005| is guilty of a misdemeanor and shall be punished by | 0006| imprisonment for a definite term less than one year or a fine | 0007| of not more than one thousand dollars ($1,000) or both. | 0008| ~~[G.]~~ H. A sex offender or a sex offender's | 0009| parent, guardian or custodian who provides false information | 0010| when complying with the registration requirements set forth in | 0011| this section is guilty of a misdemeanor and shall be punished | 0012| by imprisonment for a definite term less than one year or a | 0013| fine of not more than one thousand dollars ($1,000) or both." | 0014| Section 5. Section 29-11A-5 NMSA 1978 (being Laws 1995, | 0015| Chapter 106, Section 5) is amended to read: | 0016| "29-11A-5. LOCAL REGISTRY--CENTRAL REGISTRY-- | 0017| ADMINISTRATION BY DEPARTMENT OF PUBLIC SAFETY--EXCHANGE OF | 0018| REGISTRATION INFORMATION WITH OTHER STATES--RULES ~~[AND~~ | 0019| ~~REGULATIONS]~~.-- | 0020| A. A county sheriff may maintain a local registry | 0021| of sex offenders in his jurisdiction required to register | 0022| pursuant to the provisions of the Sex Offender Registration | 0023| Act. | 0024| B. The county sheriff shall forward registration | 0025| information obtained from sex offenders to the department of | - 6 - 0001| public safety. The registration information shall be | 0002| forwarded by the county sheriff no later than ten working days | 0003| after the information is obtained from a sex offender. | 0004| C. The department of public safety shall maintain | 0005| a central registry of sex offenders required to register | 0006| pursuant to the provisions of the Sex Offender Registration | 0007| Act. The department may enter into interstate compact | 0008| agreements providing for the exchange of information regarding | 0009| sex offenders; provided that the other state does not permit | 0010| dissemination of information regarding sex offenders to any | 0011| persons or entities other than law enforcement agencies. | 0012| D. The department of public safety shall retain | 0013| registration information regarding sex offenders convicted or | 0014| adjudicated delinquent for the following sex offenses for a | 0015| period of twenty years following the sex offender's | 0016| conviction, adjudication, release from prison or release | 0017| from probation or parole, whichever occurs later: | 0018| (1) criminal sexual penetration in the first | 0019| or second degree, as provided in Section 30-9-11 NMSA 1978; | 0020| (2) criminal sexual contact of a minor in the | 0021| third degree, as provided in Section 30-9-13 NMSA 1978; or | 0022| (3) sexual exploitation of children, as | 0023| provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978. | 0024| E. The department of public safety shall retain | 0025| registration information regarding sex offenders convicted or | - 7 - 0001| adjudicated delinquent for the following offenses for a | 0002| period of ten years following the sex offender's conviction, | 0003| adjudication, release from prison or release from probation | 0004| or parole, whichever occurs later: | 0005| (1) criminal sexual penetration in the third | 0006| or fourth degree, as provided in Section 30-9-11 NMSA 1978; | 0007| (2) criminal sexual contact in the fourth | 0008| degree, as provided in Section 30-9-12 NMSA 1978; | 0009| (3) criminal sexual contact of a minor in the | 0010| fourth degree, as provided in Section 30-9-13 NMSA 1978; or | 0011| (4) sexual exploitation of children by | 0012| prostitution, as provided in Section 30-6A-4 NMSA 1978. | 0013| F. The department of public safety shall adopt | 0014| rules ~~[and regulations]~~ necessary to carry out the | 0015| provisions of the Sex Offender Registration Act." | 0016| Section 6. Section 29-11A-7 NMSA 1978 (being Laws 1995, | 0017| Chapter 106, Section 7) is amended to read: | 0018| "29-11A-7. NOTICE TO SEX OFFENDERS OF DUTY TO | 0019| REGISTER.-- | 0020| A. A court shall provide a sex offender | 0021| adjudicated guilty or delinquent in that court with written | 0022| notice of his duty to register pursuant to the provisions of | 0023| the Sex Offender Registration Act. ~~[The written notice shall~~ | 0024| ~~be included in judgment and sentence forms provided to the sex~~ | 0025| ~~offender.]~~ | - 8 - 0001| B. The corrections department or the children, | 0002| youth and families department, at the time of release of a | 0003| sex offender in the department's custody, shall provide | 0004| written notification to the sex offender or the sex | 0005| offender's parent, guardian or custodian of his duty to | 0006| register pursuant to the provisions of the Sex Offender | 0007| Registration Act. The corrections department or the | 0008| children, youth and families department shall also provide | 0009| written notification regarding a sex offender's release to the | 0010| sheriff of the county in which the sex offender is released. | 0011| C. The department of public safety, at the time it | 0012| is notified by officials from another state that a sex | 0013| offender will be establishing residence in New Mexico, shall | 0014| provide written notification to the sex offender or the sex | 0015| offender's parent, guardian or custodian of his duty to | 0016| register pursuant to the provisions of the Sex Offender | 0017| Registration Act." | 0018| Section 7. EFFECTIVE DATE.--The effective date of the | 0019| provisions of this act is July 1, 1998. | 0020| |