HOUSE BILL 282
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Meredith A. Dixon and Marian Matthews
AN ACT
RELATING TO SEX OFFENDER REGISTRATION; AMENDING AND ENACTING SECTIONS OF THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT TO COMPLY WITH FEDERAL LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 29-11A-2 NMSA 1978 (being Laws 1995, Chapter 106, Section 2, as amended) is amended to read:
"29-11A-2. FINDINGS--PURPOSE.--
A. The legislature finds that:
(1) sex offenders pose a significant risk of recidivism; and
(2) the efforts of law enforcement agencies to protect their communities from sex offenders are impaired by the lack of information available concerning convicted sex offenders who live within the agencies' jurisdictions.
B. The purpose of the Sex Offender Registration and Notification Act is to comply with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and to assist law enforcement agencies' efforts to protect their communities by:
(1) requiring a sex [offenders] offender who [are residents] is a resident of New Mexico to register with the county sheriff of the county in which the sex offender resides;
(2) requiring a sex [offenders] offender who [are residents] is a resident in [other states] another state, but who [are] is employed in New Mexico or who [attend] attends school in New Mexico, to register with the county sheriff of the county in which the sex offender works or attends school;
(3) requiring the establishment of a central registry for sex offenders; and
(4) providing public access to information regarding certain registered sex offenders."
SECTION 2. 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.] D. "habitually lives" means any place where a sex offender lives for at least thirty days in any three-hundred-sixty-five-day period;
E. "institution of higher education" means a:
(1) private or public post-secondary educational institution;
(2) trade school; or
(3) professional school;
F. "juvenile sex offender" means a person fourteen years of age or older who has been adjudicated delinquent for committing a sexually violent offense;
[F.] G. "out-of-state registrant" means any person who establishes a residence, is employed or attends school in New Mexico while the person is required to register as a sex offender in another state or territory;
[G.] H. "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.] I. "sex offender" means a person who:
(1) is a resident of New Mexico who, on or after July 1, 1995, is convicted of a sex offense pursuant to state, federal, tribal or military law and includes a juvenile sex offender who received an adult sentence pursuant to Section 32A-2-20 NMSA 1978;
(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 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;
[I.] J. "sex offense" means any of the following offenses or their equivalents in any other jurisdiction committed on or after the date the offense became registerable in New Mexico:
(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) patronizing prostitutes, as provided in Subsection B of Section 30-9-3 NMSA 1978, when there is a separate finding of fact that the sex offender knew or should have known that the person believed to be a prostitute was younger than sixteen years of age;
(14) promoting prostitution, as provided in
Section 30-9-4 NMSA 1978, when there is a separate finding of fact that the sex offender knew or should have known that the victim was younger than sixteen years of age;
(15) accepting earnings of a prostitute, as
provided in Section 30-9-4.1 NMSA 1978, when there is a
separate finding of fact that the sex offender knew or should have known that the person engaged in prostitution was younger than sixteen years of age;
(16) human trafficking, as provided in Section 30-52-1 NMSA 1978, for a sexual purpose, when the victim is younger than sixteen years of age;
(17) criminal sexual communication with a
child, as provided in Section 30-37-3.3 NMSA 1978;
[(13)] (18) attempt to commit any of the sex offenses set forth in Paragraphs (1) through [(11)] (17) of this subsection, as provided in Section 30-28-1 NMSA 1978; [and] or
(19) conspiracy to commit any of the sex offenses set forth on Paragraphs (1) through (17) of this subsection, as provided in Section 30-28-2 NMSA 1978;
K. "sexually violent offense" means aggravated criminal sexual penetration, criminal sexual penetration in the first degree, criminal sexual penetration in the second degree or criminal sexual penetration in the third degree;
[J.] L. "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;
M. "tier 1 sex offense" means:
(1) enticement of child, as provided in Section 30-9-1 NMSA 1978;
(2) sexual exploitation of children, as provided in Subsection A of Section 30-6A-3 NMSA 1978;
(3) criminal sexual contact in the fourth degree, as provided in Section 30-9-12 NMSA 1978;
(4) aggravated indecent exposure, as provided in Section 30-9-14.3 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;
N. "tier 2 sex offense" means:
(1) sexual exploitation of children, as provided in Section 30-6A-3 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, committed with the intent to inflict a sex offense;
(4) patronizing prostitutes, as provided in Subsection B of Section 30-9-3 NMSA 1978, when there is a separate finding of fact that the sex offender knew or should have known that the person believed to be a prostitute was younger than sixteen years of age;
(5) promoting prostitution, as provided in Section 30-9-4 NMSA 1978, when there is a separate finding of fact that the sex offender knew or should have known that the victim was younger t