HB 199

                                1  HOUSE BILL 199
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Cathrynn N. Brown and Meredith A. Dixon
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO SEX OFFENDER REGISTRATION; AMENDING SECTIONS OF THE
                                12   SEX OFFENDER REGISTRATION AND NOTIFICATION ACT TO COMPLY WITH
                                13   FEDERAL LAW.
                                14
                                15   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                16        SECTION 1.     Section 29-11A-2 NMSA 1978 (being Laws 1995,
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                                17   Chapter 106, Section 2, as amended) is amended to read:
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                                18        "29-11A-2.     FINDINGS--PURPOSE.--
                                19  A.     The legislature finds that:
                                20  (1)   sex offenders pose a significant risk of
                                21   recidivism; and
                                22  (2)   the efforts of law enforcement agencies to
                                23   protect their communities from sex offenders are impaired by
                                24   the lack of information available concerning convicted sex
                                25   offenders who live within the agencies' jurisdictions.
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                                1  B.   The purpose of the Sex Offender Registration and
                                2    Notification Act is to comply with the provisions of the
                                3    federal Adam Walsh Child Protection and Safety Act of 2006 and
                                4    to assist law enforcement agencies' efforts to protect their
                                5    communities by:
                                6  (1)   requiring a sex [offenders] offender who
                                7    [are residents] is a resident of New Mexico to register with
                                8    the county sheriff of the county in which the sex offender
                                9    resides;
                                10  (2)   requiring a sex [offenders] offender who
                                11   [are residents] is a resident in [other states] another state,
                                12   but who [are] is employed in New Mexico or who [attend] attends
                                13   school in New Mexico, to register with the county sheriff of
                                14   the county in which the sex offender works or attends school;
                                15  (3)   requiring the establishment of a central
                                16   registry for sex offenders; and
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                                17  (4)   providing public access to information
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                                18   regarding certain registered sex offenders."
                                19        SECTION 2.    Section 29-11A-3 NMSA 1978 (being Laws 1995,
                                20   Chapter 106, Section 3, as amended) is amended to read:
                                21        "29-11A-3.    DEFINITIONS.--As used in the Sex Offender
                                22   Registration and Notification Act:
                                23  A.   "business day" means a day that is not a
                                24   Saturday, a Sunday or a state holiday;
                                25  B.   "conviction" means a conviction in any court of
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                                1    competent jurisdiction and includes a deferred sentence, but
                                2    does not include a conditional discharge;
                                3  C.    "department" means the department of public
                                4    safety;
                                5  [D.    "institution of higher education" means a:
                                6  (1)    private or public post-secondary
                                7    educational institution;
                                8  (2)    trade school; or
                                9  (3)    professional school;
                                10  E.] D.    "habitually lives" means any place where a
                                11   sex offender lives for at least thirty days in any three-
                                12   hundred-sixty-five-day period;
                                13  E.    "institution of higher education" means a:
                                14  (1)    private or public post-secondary
                                15   educational institution;
                                16  (2)    trade school; or
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                                17  (3)    professional school;
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                                18  F.    "juvenile sex offender" means a person fourteen
                                19   years of age or older who has been adjudicated delinquent for
                                20   committing a sexually violent offense;
                                21  [F.] G.      "out-of-state registrant" means any person
                                22   who establishes a residence, is employed or attends school in
                                23   New Mexico while the person is required to register as a sex
                                24   offender in another state or territory;
                                25  [G.] H.      "registration requirement" means any
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                                1    requirement set forth in Section 29-11A-4 NMSA 1978 that
                                2    requires a sex offender to register; provide information,
                                3    including a DNA sample; renew, revise or change registration
                                4    information; or provide written notice or disclosure regarding
                                5    the sex offender's status as a sex offender;
                                6  [H.] I.     "sex offender" means a person who:
                                7  (1)    is a resident of New Mexico who, on or
                                8    after July 1, 1995, is convicted of a sex offense pursuant to
                                9    state, federal, tribal or military law and includes a juvenile
                                10   sex offender who received an adult sentence pursuant to Section
                                11   32A-2-20 NMSA 1978;
                                12  (2)    changes residence to New Mexico, when that
                                13   person has been convicted of a sex offense pursuant to state,
                                14   federal, tribal or military law;
                                15  (3)    does not have an established residence in
                                16   New Mexico, but lives in a shelter, halfway house or
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                                17   transitional living facility or stays in multiple locations in
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                                18   New Mexico and who has been convicted of a sex offense pursuant
                                19   to state, federal, tribal or military law; or
                                20  (4)    is a resident of another state and who has
                                21   been convicted of a sex offense pursuant to state, federal,
                                22   tribal or military law, but who is:
                                23  (a)   employed full time or part time in
                                24   New Mexico for a period of time exceeding fourteen days or for
                                25   an aggregate period of time exceeding thirty days during any
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                                1    calendar year, including any employment or vocation, whether
                                2    financially compensated, volunteered or for the purpose of
                                3    government or educational benefit; or
                                4  (b)   enrolled on a full-time or part-time
                                5    basis in a private or public school or an institution of higher
                                6    education in New Mexico;
                                7  [I.] J.    "sex offense" means any of the following
                                8    offenses or their equivalents in any other jurisdiction
                                9    committed on or after the date the offense became registrable
                                10   in New Mexico:
                                11  (1)    aggravated criminal sexual penetration or
                                12   criminal sexual penetration in the first, second, third or
                                13   fourth degree, as provided in Section 30-9-11 NMSA 1978;
                                14  (2)    criminal sexual contact in the fourth
                                15   degree, as provided in Section 30-9-12 NMSA 1978;
                                16  (3)    criminal sexual contact of a minor in the
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                                17   second, third or fourth degree, as provided in Section 30-9-13
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                                18   NMSA 1978;
                                19  (4)    sexual exploitation of children, as
                                20   provided in Section 30-6A-3 NMSA 1978;
                                21  (5)    sexual exploitation of children by
                                22   prostitution, as provided in Section 30-6A-4 NMSA 1978;
                                23  (6)    kidnapping, as provided in Section 30-4-1
                                24   NMSA 1978, when committed with the intent to inflict a sexual
                                25   offense;
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                                1  (7)    false imprisonment, as provided in Section
                                2    30-4-3 NMSA 1978, when committed with the intent to inflict a
                                3    sexual offense;
                                4  (8)    aggravated indecent exposure, as provided
                                5    in Section 30-9-14.3 NMSA 1978;
                                6  (9)    enticement of child, as provided in
                                7    Section 30-9-1 NMSA 1978;
                                8  (10)   incest, as provided in Section 30-10-3
                                9    NMSA 1978, when the victim is younger than eighteen years of
                                10   age;
                                11  (11)   child solicitation by electronic
                                12   communication device, as provided in Section 30-37-3.2 NMSA
                                13   1978, for convictions occurring on or after July 1, 2013;
                                14  (12)   solicitation to commit criminal sexual
                                15   contact of a minor in the second, third or fourth degree, as
                                16   provided in Sections 30-9-13 and 30-28-3 NMSA 1978; [or]
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                                17  (13)   patronizing prostitutes, as provided in
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                                18   Subsection B of Section 30-9-3 NMSA 1978, when there is a
                                19   separate finding of fact that the sex offender knew or should
                                20   have known that the person believed to be a prostitute was
                                21   younger than sixteen years of age;
                                22  (14)   promoting prostitution, as provided in
                                23   Section 30-9-4 NMSA 1978, when there is a separate finding of
                                24   fact that the sex offender knew or should have known that the
                                25   victim was younger than sixteen years of age;
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                                1  (15)   accepting earnings of a prostitute, as
                                2    provided in Section 30-9-4.1 NMSA 1978, when there is a
                                3    separate finding of fact that the sex offender knew or should
                                4    have known that the person engaged in prostitution was younger
                                5    than sixteen years of age;
                                6  (16)   human trafficking, as provided in Section
                                7    30-52-1 NMSA 1978, for a sexual purpose, when the victim is
                                8    younger than sixteen years of age;
                                9  (17)   criminal sexual communication with a
                                10   child, as provided in Section 30-37-3.3 NMSA 1978;
                                11  (18)   voyeurism, as provided in Section 30-9-20
                                12   NMSA 1978, when the victim is younger than eighteen years of
                                13   age; or
                                14  [(13)] (19)   attempt to commit any of the sex
                                15   offenses set forth in Paragraphs (1) through [(11)] (18) of
                                16   this subsection, as provided in Section 30-28-1 NMSA 1978;
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                                17   [and]
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                                18  K.   "sexually violent offense" means aggravated
                                19   criminal sexual penetration, criminal sexual penetration in the
                                20   first degree, criminal sexual penetration in the second degree
                                21   or criminal sexual penetration in the third degree;
                                22  [J.] L.   "social networking site" means [an internet
                                23   web site] a website that facilitates online social interaction
                                24   by offering a mechanism for communication with other users,
                                25   where such users are likely to include a substantial number of
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                                1    minors under the age of sixteen, and allowing users, through
                                2    the creation of web pages, profiles or other means, to provide
                                3    information about themselves that is available to the public or
                                4    to other users;
                                5  M.   "tier 1 sex offense" means:
                                6  (1)   enticement of child, as provided in
                                7    Section 30-9-1 NMSA 1978;
                                8  (2)   sexual exploitation of children, as
                                9    provided in Subsection A of Section 30-6A-3 NMSA 1978;
                                10  (3)   criminal sexual contact in the fourth
                                11   degree, as provided in Section 30-9-12 NMSA 1978;
                                12  (4)   aggravated indecent exposure, as provided
                                13   in Section 30-9-14.3 NMSA 1978;
                                14  (5)   voyeurism, as provided in Section 30-9-20
                                15   NMSA 1978, when the victim is younger than eighteen years of
                                16   age; or
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                                17  (6)   attempt to commit any of the sex offenses
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                                18   set forth in Paragraphs (1) through (5) of this subsection, as
                                19   provided in Section 30-28-1 NMSA 1978;
                                20  N.   "tier 2 sex offense" means:
                                21  (1)   sexual exploitation of children, as
                                22   provided in Section 30-6A-3 NMSA 1978;
                                23  (2)   sexual exploitation of children by
                                24   prostitution, as provided in Section 30-6A-4 NMSA 1978;
                                25  (3)   false imprisonment, as provided in Section
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                                1    30-4-3 NMSA 1978, when committed with the intent to inflict a
                                2    sex offense;
                                3  (4)    patronizing prostitutes, as provided in
                                4    Subsection B of Section 30-9-3 NMSA 1978, when there is a
                                5    separate finding of fact that the sex offender knew or should
                                6    have known that the person believed to be a prostitute was
                                7    younger than sixteen years of age;
                                8  (5)    promoting prostitution, as provided in
                                9    Section 30-9-4 NMSA 1978, when there is a separate finding of
                                10   fact that the sex offender knew or should have known that the
                                11   victim was younger than sixteen years of age;
                                12  (6)    accepting earnings of a prostitute, as
                                13   provided in Section 30-9-4.1 NMSA 1978, when there is a
                                14   separate finding of fact that the sex offender knew or should
                                15   have known that the person engaged in prostitution was younger
                                16   than sixteen years of age;
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                                17  (7)    criminal sexual penetration in the fourth
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                                18   degree, as provided in Section 30-9-11 NMSA 1978, when the
                                19   victim is sixteen years of age or older;
                                20  (8)    criminal sexual contact of a minor, as
                                21   provided in Section 30-9-13 NMSA 1978, when the victim is
                                22   thirteen to eighteen years of age;
                                23  (9)    incest, as provided in Section 30-10-3
                                24   NMSA 1978;
                                25  (10)   criminal sexual communication with a
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                                1    child, as provided in Section 30-37-3.3 NMSA 1978;
                                2  (11)   human trafficking, as provided in Section
                                3    30-52-1 NMSA 1978, for sexual purpose, when the victim is
                                4    younger than sixteen years of age;
                                5  (12)   child solicitation by electronic
                                6    communication device, as provided in Subsection C of Section
                                7    30-37-3.2 NMSA 1978; and
                                8  (13)   attempt to commit any of the sex offenses
                                9    set forth in Paragraphs (1) through (12) of this subsection, as
                                10   provided in Section 30-28-1 NMSA 1978; and
                                11  O.   "tier 3 sex offense" means:
                                12  (1)    kidnapping, as provided in Section 30-4-1
                                13   NMSA 1978, when committed with intent to inflict a sex offense
                                14   and when the victim is younger than eighteen years of age;
                                15  (2)    aggravated criminal sexual penetration or
                                16   criminal sexual penetration in the first, second or third
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                                17   degree, as provided in Section 30-9-11 NMSA 1978;
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                                18  (3)    criminal sexual penetration in the fourth
                                19   degree, as provided in Section 30-9-11 NMSA 1978, when the
                                20   victim is younger than sixteen years of age;
                                21  (4)    criminal sexual contact of a minor, as
                                22   provided in Section 30-9-13 NMSA 1978, when the victim is
                                23   younger than thirteen years of age; and
                                24  (5)    attempt to commit any of the sex offenses
                                25   set forth in Paragraphs (1) through (4) of this subsection, as
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                                1    provided in 30-28-1 NMSA 1978."
                                2  SECTION 3.    Section 29-11A-4 NMSA 1978 (being Laws 1995,
                                3    Chapter 106, Section 4, as amended) is amended to read:
                                4  "29-11A-4.    REGISTRATION OF SEX OFFENDERS--INFORMATION
                                5    REQUIRED--VERIFICATION--CRIMINAL PENALTY FOR NONCOMPLIANCE.--
                                6  A.   A sex offender residing in this state shall
                                7    register with the county sheriff for the county in which the
                                8    sex offender resides.
                                9  B.   A juvenile sex offender shall register with the
                                10   children, youth and families department no later than three
                                11   business days after release into the community after
                                12   adjudication for a sexually violent offense.
                                13  [B.] C.       A sex offender who is a resident of New
                                14   Mexico shall initially register in person with the county
                                15   sheriff no later than [five] three business days after being
                                16   released from the custody of the corrections department, a
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                                17   municipal or county jail or a federal, military or tribal
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                                18   correctional facility or detention center or being placed on
                                19   probation or parole.      A sex offender who changes residence to
                                20   New Mexico shall register with the county sheriff no later than
                                21   [five] three business days after arrival in this state.      When a
                                22   sex offender initially registers with the county sheriff, the
                                23   sex offender shall provide the following registration
                                24   information:
                                25  (1)    the sex offender's legal name and any
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                                1    other names or aliases that the sex offender is using or has
                                2    used;
                                3  (2)    the sex offender's date of birth;
                                4  (3)    the sex offender's social security number;
                                5  (4)    the sex offender's current physical and
                                6    mailing address and the address of every place where the sex
                                7    offender habitually lives;
                                8  (5)    the sex offender's place of employment;
                                9  (6)    the sex offense for which the sex offender
                                10   was convicted;
                                11  (7)    the date and place of the sex offense
                                12   conviction;
                                13  (8)    the sex offender's names, email addresses
                                14   and monikers and other self-identifiers used on social
                                15   networking sites, to be used only for law enforcement purposes;
                                16  (9)    the sex offender's landline and cellular
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                                17   telephone numbers and any other telephone numbers primarily
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                                18   used by the sex offender;
                                19  (10)   the sex offender's professional licenses;
                                20  (11)   the license plate or other identifier and
                                21   the description of any vehicle owned or primarily operated by
                                22   the sex offender, including aircraft and watercraft;
                                23  (12)   the name and address of any school or
                                24   institution of higher education that the sex offender is
                                25   attending; and
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                                1  (13)    copies of the sex offender's passport and
                                2    immigration documents.
                                3  [C.] D.     A sex offender who is a resident of another
                                4    state but who is employed in New Mexico or attending public or
                                5    private school or an institution of higher education in New
                                6    Mexico shall register in person with the county sheriff for the
                                7    county in which the sex offender is working or attending school
                                8    or an institution of higher education no later than three
                                9    business days after beginning work or attending school in New
                                10   Mexico.
                                11  [D.] E.     A sex offender who is a resident of another
                                12   state but who is employed in New Mexico or attending public or
                                13   private school or an institution of higher education in New
                                14   Mexico shall register in person with the county sheriff no
                                15   later than [five] three business days after beginning work or
                                16   school.   When the sex offender registers with the county
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                                17   sheriff, the sex offender shall provide the following
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                                18   registration information:
                                19  (1)    the sex offender's legal name and any
                                20   other names or aliases that the sex offender is using or has
                                21   used;
                                22  (2)    the sex offender's date of birth;
                                23  (3)    the sex offender's social security number;
                                24  (4)    the sex offender's current physical and
                                25   mailing address in the sex offender's state of residence and,
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                                1    if applicable, the address of the sex offender's place of
                                2    lodging in New Mexico while working or attending school or an
                                3    institution of higher education;
                                4  (5)    the sex offender's place of employment or
                                5    the name of the school the sex offender is attending;
                                6  (6)    the sex offense for which the sex offender
                                7    was convicted; and
                                8  (7)    the date and place of the sex offense
                                9    conviction.
                                10  [E.] F.     When a sex offender registers with a county
                                11   sheriff, the sheriff shall obtain:
                                12  (1)    a photograph of the sex offender and a
                                13   complete set of the sex offender's fingerprints and a palm
                                14   print;
                                15  (2)    a physical description, including a
                                16   description of any tattoos, scars or other distinguishing
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                                17   features on the sex offender's body that would assist in
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                                18   identifying the sex offender; and
                                19  (3)    a DNA sample for inclusion in the sex
                                20   offender DNA identification system pursuant to the provisions
                                21   of the DNA Identification Act.
                                22  [F.] G.     When a sex offender who is registered
                                23   changes any information required under this section, the sex
                                24   offender shall send written notice of the change on a form
                                25   approved by the department to the county sheriff no later than
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                                1    [five] three business days after the change occurs.
                                2  [G.] H.   When a sex offender who is registered
                                3    changes residence to a new county in New Mexico, the sex
                                4    offender shall register in person with the county sheriff of
                                5    the new county no later than [five] three business days after
                                6    establishing the new residence.     The sex offender shall also
                                7    send written notice of the change in residence to the county
                                8    sheriff with whom the sex offender last registered no later
                                9    than [five] three business days after establishing the new
                                10   residence.
                                11  [H.] I.   When a sex offender who is registered or
                                12   required to register is homeless or does not have an
                                13   established residence, but lives in a shelter, halfway house or
                                14   transitional living facility or stays in multiple locations in
                                15   New Mexico, the sex offender shall register each address or
                                16   temporary location with the county sheriff for each county in
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                                17   which the sex offender is living or temporarily located.       The
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                                18   sex offender shall register in person no later than [five]
                                19   three business days after a change in living arrangements or
                                20   temporary location.
                                21  [I.] J.   When a sex offender who is registered or
                                22   required to register is employed, begins a vocation or is
                                23   enrolled as a student at an institution of higher education in
                                24   New Mexico, the sex offender shall disclose the sex offender's
                                25   status as a sex offender in writing to the county sheriff for
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                                1    the county in which the institution of higher education is
                                2    located, the law enforcement entity responsible for the
                                3    institution of higher education and the registrar for the
                                4    institution of higher education no later than [five] three
                                5    business days after beginning employment, beginning a vocation
                                6    or enrolling at the institution of higher education.   The sex
                                7    offender shall also send written notice of any change regarding
                                8    employment, vocation or enrollment status at an institution of
                                9    higher education to the county sheriff, the law enforcement
                                10   entity and the registrar no later than [five] three business
                                11   days after the change in employment, vocation or enrollment
                                12   status.
                                13  [J.] K.   When a sex offender who is registered or
                                14   required to register is employed or is enrolled as a student at
                                15   a public or private school in New Mexico, the sex offender
                                16   shall disclose the sex offender's status as a sex offender in
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                                17   writing to the county sheriff for the county in which the
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                                18   school is located and to the principal of the school no later
                                19   than [five] three business days after beginning employment or
                                20   enrolling at the school.   The sex offender shall also send
                                21   written notice of any change regarding employment or enrollment
                                22   status at a school to the county sheriff and the principal no
                                23   later than [five] three business days after the change in
                                24   employment or enrollment status.
                                25  [K.] L.   When a sex offender who is registered or
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                                1    required to register is employed, begins a vocation or
                                2    volunteers services in New Mexico, regardless of whether the
                                3    sex offender receives payment or other compensation, the sex
                                4    offender shall disclose the sex offender's status as a sex
                                5    offender in writing to the sex offender's employer, supervisor
                                6    or person similarly situated.     The written disclosure shall be
                                7    made immediately upon beginning employment, vocation or
                                8    volunteer service.
                                9  [L.] M.     Following initial registration pursuant to
                                10   the provisions of this section:
                                11  (1)    a sex offender [required to register
                                12   pursuant to the provisions of Subsection D of Section 29-11A-5
                                13   NMSA 1978] convicted of a tier 3 sex offense shall verify
                                14   registration information with the county sheriff as provided in
                                15   Subsection [N] O of this section not less than once in each
                                16   ninety-day period following the date of the sex offender's
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                                17   initial registration for the remainder of the sex offender's
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                                18   natural life;
                                19  (2)    a sex offender [required to register
                                20   pursuant to the provisions of Subsection E of Section 29-11A-5
                                21   NMSA 1978] convicted of a tier 2 sex offense shall verify
                                22   registration information with the county sheriff as provided in
                                23   Subsection [N] O of this section once every six months for a
                                24   period of [ten] twenty-five years from the date of initial
                                25   registration; [and]
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                                1  (3)   a sex offender convicted of a tier 1 sex
                                2    offense shall annually verify registration information with the
                                3    county sheriff as provided in Subsection O of this section
                                4    prior to December 31 of each subsequent calendar year for a
                                5    period of fifteen years from the date of initial registration;
                                6  (4)   a sex offender required to register for
                                7    the remainder of the sex offender's natural life as the result
                                8    of an out-of-state conviction shall verify registration
                                9    information with the county sheriff as provided in Subsection O
                                10   of this section not less than once in each ninety-day period
                                11   for the remainder of the sex offender's natural life;
                                12  [(3)] (5)   an out-of-state registrant shall
                                13   verify registration information with the county sheriff as
                                14   provided in Subsection O of this section for [whichever is the
                                15   longer of:
                                16  (a)] the duration of time remaining in
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                                17   the registrant's convicting jurisdiction and at the same
underscored material = new
                                18   frequency as required in that state or territory, but no less
                                19   than once every six months [or
                                20  (b)   the duration of time remaining that
                                21   would be required for the equivalent offense in New Mexico];
                                22   and
                                23  (6)   a juvenile sex offender's obligation to
                                24   register shall extend until the offender attains twenty-one
                                25   years of age or until the juvenile sex offender is released
                                     .233251.1SA
                                                                  - 18 -
                                1    from supervision by the children, youth and families
                                2    department.
                                3  [M.] N.   Notwithstanding the provisions of
                                4    [Paragraph (2) of Subsection L] Paragraphs (2) and (3) of
                                5    Subsection M of this section, if a sex offender is convicted a
                                6    second or subsequent time for a sex offense [set forth in
                                7    Subsection E of Section 29-11A-5 NMSA 1978], the sex offender
                                8    shall verify registration information with the county sheriff
                                9    as provided in Subsection [N] O of this section not less than
                                10   once in each ninety-day period following the date of the sex
                                11   offender's initial registration for the remainder of the sex
                                12   offender's natural life.
                                13  [N.] O.   At least fifteen days prior to the time a
                                14   sex offender is required to verify registration information,
                                15   the department shall send a verification form to the sex
                                16   offender, by first class mail, containing the sex offender's
[bracketed material] = delete
                                17   current registration information and a notice of the date that
underscored material = new
                                18   the sex offender's next verification is due.   The sex offender
                                19   shall appear in person at a location designated by the
                                20   department to verify the information contained on the form, to
                                21   change the information as necessary and to sign a statement
                                22   under oath that the information is true and correct.     The
                                23   department may photograph the sex offender at that time if the
                                24   sex offender's appearance is significantly different from the
                                25   photograph already contained in the sex offender's file.       If a
                                     .233251.1SA
                                                                 - 19 -
                                1    sex offender does not receive a verification form before the
                                2    time that the sex offender is required to verify registration
                                3    pursuant to Subsection [L] M of this section, the sex offender
                                4    shall appear at a location designated by the department to
                                5    verify registration information as required by this section.      A
                                6    sex offender shall be relieved of the in-person verification
                                7    requirements of this subsection if the sex offender is confined
                                8    to a hospice facility or skilled nursing home.
                                9  [O.    The department shall establish a secure system
                                10   that will permit a sex offender to notify the department
                                11   electronically of any change in registration information.]
                                12  P.    A sex offender shall appear in person in the
                                13   county where the sex offender resides to notify the county
                                14   sheriff of the sex offender's change of name, change of
                                15   residence, change of employment or change in student status no
                                16   later than three days after the change.
[bracketed material] = delete
                                17  [P.] Q.   A sex offender who willfully or
underscored material = new
                                18   knowingly fails to comply with the registration or verification
                                19   requirements set forth in this section is guilty of a fourth
                                20   degree felony and shall be sentenced pursuant to the provisions
                                21   of Section 31-18-15 NMSA 1978.   A sex offender who willfully or
                                22   knowingly fails to comply with the registration or verification
                                23   requirements set forth in this section after a first or
                                24   subsequent conviction for a violation pursuant to this section
                                25   is guilty of a third degree felony and shall be sentenced
                                     .233251.1SA
                                                                  - 20 -
                                1    pursuant to the provisions of Section 31-18-15 NMSA 1978.    The
                                2    willful failure to comply with any registration or verification
                                3    requirement set forth in this section shall be deemed part of a
                                4    continuing transaction or occurrence.     A conviction pursuant to
                                5    this subsection shall not be considered a felony for purposes
                                6    of the imposition of sentencing enhancements pursuant to the
                                7    provisions of Section 31-18-17 NMSA 1978.
                                8  [Q.] R.   A sex offender who willfully or knowingly
                                9    provides false information when complying with the registration
                                10   or verification requirements set forth in this section is
                                11   guilty of a fourth degree felony and shall be sentenced
                                12   pursuant to the provisions of Section 31-18-15 NMSA 1978.    A
                                13   sex offender who willfully or knowingly provides false
                                14   information when complying with the registration or
                                15   verification requirements set forth in this section after a
                                16   first or subsequent conviction for a violation pursuant to this
[bracketed material] = delete
                                17   section is guilty of a third degree felony and shall be
underscored material = new
                                18   sentenced pursuant to the provisions of Section 31-18-15 NMSA
                                19   1978.   The willful providing by a sex offender of false
                                20   information with respect to the registration or verification
                                21   requirements set forth in this section shall be deemed part of
                                22   a continuing transaction or occurrence.     A conviction pursuant
                                23   to this subsection shall not be considered a felony for
                                24   purposes of the imposition of sentencing enhancements pursuant
                                25   to the provisions of Section 31-18-17 NMSA 1978."
                                     .233251.1SA
                                                                  - 21 -
                                1  SECTION 4.    Section 29-11A-4.1 NMSA 1978 (being Laws 2000,
                                2    Chapter 8, Section 6, as amended) is amended to read:
                                3  "29-11A-4.1.       PROCEDURES WHEN A SEX OFFENDER MOVES FROM
                                4    NEW MEXICO TO ANOTHER STATE.--
                                5  A.   If a sex offender intends to move from New
                                6    Mexico to another state, no later than thirty days prior to
                                7    moving to the other state, [he] the sex offender shall:
                                8  (1)    notify the county sheriff of the county
                                9    [he] the sex offender resides in that [he] the sex offender is
                                10   moving to the other state; and
                                11  (2)    provide the county sheriff with a written
                                12   notice that identifies the state to which the sex offender is
                                13   moving.
                                14  B.   Within five days of receiving a sex offender's
                                15   written notice of intent to move to another state, the county
                                16   sheriff shall transmit that information to the department [of
[bracketed material] = delete
                                17   public safety].   Within five days of receiving that information
underscored material = new
                                18   from a county sheriff, the department shall contact the state
                                19   agency responsible for registering sex offenders in the state
                                20   to which the sex offender is moving.      The department shall
                                21   provide that state agency with registration information
                                22   regarding the sex offender.      The department shall also obtain
                                23   information regarding registration requirements for sex
                                24   offenders in the state to which the sex offender is moving.
                                25   The department shall provide the sex offender with written
                                     .233251.1SA
                                                                      - 22 -
                                1    notification of the registration requirements in the state to
                                2    which the sex offender is moving.
                                3  C.   A sex offender who willfully fails to comply
                                4    with the requirements set forth in this section is guilty of a
                                5    fourth degree felony and shall be sentenced pursuant to the
                                6    provisions of Section 31-18-15 NMSA 1978."
                                7  SECTION 5.    Section 29-11A-5 NMSA 1978 (being Laws 1995,
                                8    Chapter 106, Section 5, as amended by Laws 2007, Chapter 68,
                                9    Section 2 and by Laws 2007, Chapter 69, Section 6) is amended
                                10   to read:
                                11        "29-11A-5.    LOCAL REGISTRY--CENTRAL REGISTRY--
                                12   ADMINISTRATION BY DEPARTMENT [OF PUBLIC SAFETY]--PARTICIPATION
                                13   IN THE NATIONAL SEX OFFENDER REGISTRY--RULES.--
                                14  A.   A county sheriff shall maintain a local registry
                                15   of sex offenders in the sheriff's jurisdiction required to
                                16   register pursuant to the provisions of the Sex Offender
[bracketed material] = delete
                                17   Registration and Notification Act.
underscored material = new
                                18  B.   The county sheriff shall forward:
                                19  (1)   registration information obtained from sex
                                20   offenders to the department [of public safety].     The initial
                                21   registration information and any new registration information
                                22   subsequently obtained from a sex offender shall be forwarded by
                                23   the county sheriff no later than ten working days after the
                                24   information is obtained from a sex offender.    If the department
                                25   [of public safety] receives information regarding a sex
                                     .233251.1SA
                                                                    - 23 -
                                1    offender from a governmental entity other than a county
                                2    sheriff, the department shall send that information to the
                                3    sheriff for the county in which the sex offender resides; and
                                4  (2)    samples of DNA obtained from sex offenders
                                5    to the administrative center for the sex offender DNA
                                6    identification system pursuant to the provisions of the DNA
                                7    Identification Act.
                                8  C.    The department [of public safety] shall maintain
                                9    a central registry of sex offenders required to register
                                10   pursuant to the provisions of the Sex Offender Registration and
                                11   Notification Act.     The department shall participate in the
                                12   national sex offender registry administered by the United
                                13   States department of justice.    The department shall send
                                14   conviction information and fingerprints for all sex offenders
                                15   registered in New Mexico to the national sex offender registry
                                16   administered by the United States department of justice and to
[bracketed material] = delete
                                17   the federal bureau of investigation.
underscored material = new
                                18  D.    The department [of public safety] shall retain
                                19   registration information regarding a sex offender convicted
                                20   [for any of the following sex offenses for the entirety] of a
                                21   tier 3 sex offense for the remainder of the sex offender's
                                22   natural life.
                                23  [(1)    aggravated criminal sexual penetration or
                                24   criminal sexual penetration in the first, second or third
                                25   degree, as provided in Section 30-9-11 NMSA 1978;
                                     .233251.1SA
                                                                    - 24 -
                                1  (2)   criminal sexual contact of a minor in the
                                2    second, third or fourth degree, as provided in Section 30-9-13
                                3    NMSA 1978;
                                4  (3)   sexual exploitation of children, as
                                5    provided in Section 30-6A-3 NMSA 1978;
                                6  (4)   kidnapping, as provided in Section 30-4-1
                                7    NMSA 1978, when the victim is less than eighteen years of age
                                8    and the offender is not a parent of the victim;
                                9  (5)   criminal sexual contact in the fourth
                                10   degree, as provided in Section 30-9-12 NMSA 1978; or
                                11  (6)   attempt to commit any of the sex offenses
                                12   set forth in Paragraphs (1) through (5) of this subsection, as
                                13   provided in Section 30-28-1 NMSA 1978]
                                14  E.   The department [of public safety] shall retain
                                15   registration information regarding a sex offender convicted
                                16   [for the following offenses] of a tier 2 sex offense for a
[bracketed material] = delete
                                17   period of [ten] twenty-five years following the latest of the
underscored material = new
                                18   sex offender's conviction, release from prison or release from
                                19   probation or parole.     [whichever occurs later:
                                20  (1)   criminal sexual penetration in the fourth
                                21   degree, as provided in Section 30-9-11 NMSA 1978;
                                22  (2)   sexual exploitation of children by
                                23   prostitution, as provided in Section 30-6A-4 NMSA 1978;
                                24  (3)   false imprisonment, as provided in Section
                                25   30-4-3 NMSA 1978, when the victim is less than eighteen years
                                     .233251.1SA
                                                                     - 25 -
                                1    of age and the offender is not a parent of the victim;
                                2  (4)   aggravated indecent exposure, as provided
                                3    in Section 30-9-14.3 NMSA 1978;
                                4  (5)   enticement of child, as provided in
                                5    Section 30-9-1 NMSA 1978;
                                6  (6)   incest, as provided in Section 30-10-3
                                7    NMSA 1978, when the victim is less than eighteen years of age;
                                8  (7)   solicitation to commit criminal sexual
                                9    contact of a minor in the second, third or fourth degree, as
                                10   provided in Sections 30-9-13 and 30-28-3 NMSA 1978;
                                11  (8)   child solicitation by electronic
                                12   communication device, as provided in Section 30-37-3.2 NMSA
                                13   1978; or
                                14  (9)   attempt to commit any of the sex offenses
                                15   set forth in Paragraphs (1) through (6) of this subsection, as
                                16   provided in Section 30-28-1 NMSA 1978]
[bracketed material] = delete
                                17  F.   The department shall retain registration
underscored material = new
                                18   information regarding a sex offender convicted of a tier 1 sex
                                19   offense for a period of fifteen years following the latest of
                                20   the sex offender's conviction, release from prison or release
                                21   from probation or parole.
                                22  G.   The children, youth and families department
                                23   shall retain registration information regarding a juvenile sex
                                24   offender until the juvenile sex offender attains twenty-one
                                25   years of age, at which time the children, youth and families
                                     .233251.1SA
                                                                   - 26 -
                                1    department shall notify the department of public safety that
                                2    the registration period of the juvenile sex offender has
                                3    expired.   Within ten days of receiving the notice, the
                                4    department of public safety shall remove all information
                                5    regarding the juvenile sex offender from the department's
                                6    database of sex offenders and remove or cause to be removed all
                                7    information entered by any governmental entity in New Mexico
                                8    from all law enforcement databases.
                                9  [F.] H.   Notwithstanding the provisions of
                                10   Subsection E of this section, if a sex offender is convicted a
                                11   second or subsequent time for a sex offense set forth in that
                                12   subsection, the department [of public safety] shall retain
                                13   information regarding the sex offender for the entirety of the
                                14   sex offender's natural life.
                                15  [G.] I.   The department [of public safety] shall
                                16   adopt rules necessary to carry out the provisions of the Sex
[bracketed material] = delete
                                17   Offender Registration and Notification Act.   Rules necessary
underscored material = new
                                18   for the collection of DNA samples and the administration and
                                19   operation of the sex offender DNA identification system shall
                                20   be adopted by the DNA identification system oversight committee
                                21   pursuant to the provisions of the DNA Identification Act."
                                22        SECTION 6.   Section 29-11A-5.1 NMSA 1978 (being Laws 1999,
                                23   Chapter 19, Section 8, as amended) is amended to read:
                                24        "29-11A-5.1.    PUBLIC ACCESS TO INFORMATION REGARDING
                                25   CERTAIN REGISTERED SEX OFFENDERS--ACTIVE COMMUNITY
                                     .233251.1SA
                                                                    - 27 -
                                1    NOTIFICATION--[INTERNET WEB SITE] WEBSITE.--
                                2  A.   If a sex offender is convicted of [one of the
                                3    following sex offenses] a tier 2 sex offense or tier 3 sex
                                4    offense or required to register as a lifetime sex offender as a
                                5    result of an out-of-state conviction, the county sheriff shall
                                6    forward registration information obtained from the sex offender
                                7    to the district attorney for the judicial district in which the
                                8    sex offender resides and, if the sex offender is a resident of
                                9    a municipality, the chief law enforcement officer for the
                                10   municipality in which the sex offender resides.
                                11  [(1)   aggravated criminal sexual penetration or
                                12   criminal sexual penetration in the first, second or third
                                13   degree, as provided in Section 30-9-11 NMSA 1978;
                                14  (2)    criminal sexual contact of a minor in the
                                15   second, third or fourth degree, as provided in Section 30-9-13
                                16   NMSA 1978;
[bracketed material] = delete
                                17  (3)    sexual exploitation of children, as
underscored material = new
                                18   provided in Section 30-6A-3 NMSA 1978;
                                19  (4)    sexual exploitation of children by
                                20   prostitution, as provided in Section 30-6A-4 NMSA 1978; or
                                21  (5)    attempt to commit any of the sex offenses
                                22   set forth in Paragraphs (1) through (4) of this subsection, as
                                23   provided in Section 30-28-1 NMSA 1978]
                                24  B.   A person who wants to obtain registration
                                25   information regarding sex offenders described in Subsection A
                                     .233251.1SA
                                                                      - 28 -
                                1    of this section may request that information from the:
                                2  (1)   sheriff for the county in which the sex
                                3    offenders reside;
                                4  (2)   chief law enforcement officer for the
                                5    municipality in which the sex offenders reside;
                                6  (3)   district attorney for the judicial
                                7    district in which the sex offenders reside; or
                                8  (4)   secretary of public safety.
                                9  C.   Upon receiving a request for registration
                                10   information regarding sex offenders described in Subsection A
                                11   of this section, the county sheriff, chief municipal law
                                12   enforcement officer, district attorney or secretary of public
                                13   safety shall provide that registration information, with the
                                14   exception of a sex offender's social security number and DNA
                                15   information, within a reasonable period of time, and no later
                                16   than seven days after receiving the request.
[bracketed material] = delete
                                17  D.   Within seven days of receiving registration
underscored material = new
                                18   information from a sex offender described in Subsection A of
                                19   this section, the county sheriff shall contact every licensed
                                20   daycare center, elementary school, middle school and high
                                21   school within a one-mile radius of the sex offender's residence
                                22   and provide them with the sex offender's registration
                                23   information, with the exception of the sex offender's social
                                24   security number and DNA information.
                                25  E.   The department shall establish and manage [an
                                     .233251.1SA
                                                                  - 29 -
                                1    internet web site] a website that provides the public with
                                2    registration information regarding sex offenders described in
                                3    Subsection A of this section, except that the department shall
                                4    not provide registration information on the [internet web site]
                                5    website regarding a sex offender who was less than eighteen
                                6    years of age when the sex offender committed the sex offense
                                7    for which the sex offender was convicted as a youthful
                                8    offender, as provided in Section 32A-2-3 NMSA 1978, unless at
                                9    the time of sentencing, the court made a finding that the sex
                                10   offender is not amenable to treatment and is a danger to the
                                11   community.    The registration information provided to the public
                                12   pursuant to this subsection shall not include a sex offender's
                                13   social security number or DNA information [or the identity of a
                                14   sex offender's place of employment, unless the sex offender's
                                15   employment requires the sex offender to have direct contact
                                16   with children].    The [internet web site] website shall provide
[bracketed material] = delete
                                17   only the following registration information:
underscored material = new
                                18  (1)   the sex offender's legal name and any
                                19   other names or aliases that the sex offender is using or has
                                20   used;
                                21  (2)   the sex offender's current address and the
                                22   address of every place where the sex offender habitually lives;
                                23  (3)   [if the sex offender's employment involves
                                24   direct contact with children] the sex offender's place of
                                25   employment;
                                     .233251.1SA
                                                                    - 30 -
                                1  (4)   the sex offenses for which the sex
                                2    offender has been convicted;
                                3  (5)   a photograph of the sex offender;
                                4  (6)   the sex offender's date of birth;
                                5  (7)   a physical description, including a
                                6    description of any tattoos, scars or other distinguishing
                                7    features on the sex offender's body that would assist in
                                8    identifying the sex offender; and
                                9  (8)   a link that will pinpoint the location of
                                10   the sex offender's place of employment [if the sex offender has
                                11   direct contact with children]."
                                12        SECTION 7.     Section 29-11A-7 NMSA 1978 (being Laws 1995,
                                13   Chapter 106, Section 7, as amended) is amended to read:
                                14        "29-11A-7.     NOTICE TO SEX OFFENDERS OF DUTY TO REGISTER.--
                                15  A.   A court shall provide a sex offender convicted
                                16   in that court with written notice of [his] the sex offender's
[bracketed material] = delete
                                17   duty to register pursuant to the provisions of the Sex Offender
underscored material = new
                                18   Registration and Notification Act.       The written notice shall be
                                19   included in judgment and sentence forms provided to the sex
                                20   offender.     The written notice shall inform the sex offender
                                21   that [he] the sex offender is required to:
                                22  (1)   register with the county sheriff for the
                                23   county in which the sex offender will reside or, if the sex
                                24   offender will not have an established residence, with the
                                25   county sheriff for each county in which the sex offender will
                                     .233251.1SA
                                                                     - 31 -
                                1    live or be temporarily located pursuant to the provisions of
                                2    the Sex Offender Registration and Notification Act;
                                3  (2)   report subsequent changes of address
                                4    pursuant to the provisions of the Sex Offender Registration and
                                5    Notification Act;
                                6  (3)   notify the county sheriff of the county
                                7    [he] the sex offender resides in if the sex offender intends to
                                8    move to another state and that the sex offender is required to
                                9    register in the other state pursuant to the provisions of the
                                10   Sex Offender Registration and Notification Act;
                                11  (4)   disclose [his] the sex offender's status
                                12   as a sex offender in writing when [he] the sex offender begins
                                13   employment, begins a vocation or enrolls as a student at an
                                14   institution of higher education in New Mexico to the county
                                15   sheriff for the county in which the institution of higher
                                16   education is located and to the law enforcement entity and
[bracketed material] = delete
                                17   registrar for the institution of higher education pursuant to
underscored material = new
                                18   the provisions of the Sex Offender Registration and
                                19   Notification Act;
                                20  (5)   provide written notice of any change
                                21   regarding [his] the sex offender's employment, vocation or
                                22   enrollment status at an institution of higher education to the
                                23   county sheriff, the law enforcement entity and the registrar
                                24   pursuant to the provisions of the Sex Offender Registration and
                                25   Notification Act;
                                     .233251.1SA
                                                                  - 32 -
                                1  (6)   disclose [his] the sex offender's status
                                2    as a sex offender in writing, when [he] the sex offender
                                3    enrolls as a student at a private or public school in New
                                4    Mexico, to the county sheriff for the county in which the
                                5    school is located and to the principal of the school pursuant
                                6    to the provisions of the Sex Offender Registration and
                                7    Notification Act;
                                8  (7)   provide written notice of any change
                                9    regarding [his] the sex offender's enrollment status at a
                                10   public or private school in New Mexico to the county sheriff
                                11   and the principal of the school pursuant to the provisions of
                                12   the Sex Offender Registration and Notification Act;
                                13  (8)   disclose [his] the sex offender's status
                                14   as a sex offender in writing to [his] the sex offender's
                                15   employer, supervisor or other person similarly situated when
                                16   [he] the sex offender begins employment, begins a vocation or
[bracketed material] = delete
                                17   volunteers [his] the sex offender's services, regardless of
underscored material = new
                                18   whether the sex offender receives payment or other
                                19   compensation, pursuant to the provisions of the Sex Offender
                                20   Registration and Notification Act; and
                                21  (9)   read and sign a form that indicates that
                                22   the sex offender has received the written notice and that a
                                23   responsible court official, designated by the chief judge for
                                24   that judicial district, has explained the written notice to the
                                25   sex offender.
                                     .233251.1SA
                                                                  - 33 -
                                1  B.   The corrections department, a municipal or
                                2    county jail or a detention center, at the time of release of a
                                3    sex offender in its custody, shall provide a written notice to
                                4    the sex offender of [his] the sex offender's duty to register,
                                5    pursuant to the provisions of the Sex Offender Registration and
                                6    Notification Act.   The written notice shall inform the sex
                                7    offender that [he] the sex offender is required to:
                                8  (1)   register with the county sheriff for the
                                9    county in which the sex offender will reside or, if the sex
                                10   offender will not have an established residence, with the
                                11   county sheriff for each county in which the sex offender will
                                12   live or be temporarily located pursuant to the provisions of
                                13   the Sex Offender Registration and Notification Act;
                                14  (2)   report subsequent changes of address
                                15   pursuant to the provisions of the Sex Offender Registration and
                                16   Notification Act;
[bracketed material] = delete
                                17  (3)   notify the county sheriff of the county
underscored material = new
                                18   [he] the sex offender resides in if the sex offender intends to
                                19   move to another state and that the sex offender is required to
                                20   register in the other state pursuant to the provisions of the
                                21   Sex Offender Registration and Notification Act;
                                22  (4)   disclose [his] the sex offender's status
                                23   as a sex offender in writing when [he] the sex offender begins
                                24   employment, begins a vocation or enrolls as a student at an
                                25   institution of higher education in New Mexico to the county
                                     .233251.1SA
                                                                  - 34 -
                                1    sheriff for the county in which the institution of higher
                                2    education is located and to the law enforcement entity and
                                3    registrar for the institution of higher education pursuant to
                                4    the provisions of the Sex Offender Registration and
                                5    Notification Act;
                                6  (5)   provide written notice of any change
                                7    regarding [his] the sex offender's employment, vocation or
                                8    enrollment status at an institution of higher education to the
                                9    county sheriff, the law enforcement entity and the registrar
                                10   pursuant to the provisions of the Sex Offender Registration and
                                11   Notification Act;
                                12  (6)   disclose [his] the sex offender's status
                                13   as a sex offender in writing, when [he] the sex offender
                                14   enrolls as a student at a private or public school in New
                                15   Mexico, to the county sheriff for the county in which the
                                16   school is located and to the principal of the school pursuant
[bracketed material] = delete
                                17   to the provisions of the Sex Offender Registration and
underscored material = new
                                18   Notification Act;
                                19  (7)   provide written notice of any change
                                20   regarding [his] the sex offender's enrollment status at a
                                21   public or private school in New Mexico to the county sheriff
                                22   and the principal of the school pursuant to the provisions of
                                23   the Sex Offender Registration and Notification Act;
                                24  (8)   disclose [his] the sex offender's status
                                25   as a sex offender in writing to [his] the sex offender's
                                     .233251.1SA
                                                                  - 35 -
                                1    employer, supervisor or other person similarly situated when
                                2    [he] the sex offender begins employment, begins a vocation or
                                3    volunteers [his] the sex offender's services, regardless of
                                4    whether the sex offender receives payment or other
                                5    compensation, pursuant to the provisions of the Sex Offender
                                6    Registration and Notification Act; and
                                7  (9)   read and sign a form that indicates that
                                8    the sex offender has received the written notice and that a
                                9    responsible corrections department official, designated by the
                                10   secretary of corrections, or a responsible municipal or county
                                11   jail official or detention center official has explained the
                                12   written notice to the sex offender.
                                13  C.   A court, the corrections department, a municipal
                                14   or county jail or a detention center shall also provide written
                                15   notification regarding a sex offender's release to the sheriff
                                16   of the county in which the sex offender is released and to the
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                                17   department of public safety.
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                                18  D.   The department [of public safety], at the time
                                19   it is notified by officials from another state that a sex
                                20   offender will be establishing residence in New Mexico, shall
                                21   provide written notice to the sex offender of [his] the sex
                                22   offender's duty to register pursuant to the provisions of the
                                23   Sex Offender Registration and Notification Act."
                                24        SECTION 8.    APPLICABILITY.--The provisions of this act
                                25   apply to any person convicted of a sex offense on or after July
                                     .233251.1SA
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                                     .233251.1SA