HB 282 SEX OFFENDER REGISTRATION & FEDERAL LAW

Rep Meredith Dixon

Actions: [5] HCPAC/HJC-HCPAC [7] DP-HJC

Scheduled: Not Scheduled

 House Bill 282 (HB 282) amends and enacts sections of the Sex Offender Registration and Notification Act to comply with federal law.  

 House Bill 282 (HB 282) amends and enacts sections of the Sex Offender Registration and Notification Act (“SORNA”) as follows:

•	Adds that one of the purposes of SORNA is to comply with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006

•	Adds a definition for “juvenile sex offender” as a person 14 years or older who has been adjudicated delinquent for committing a sexually violent offense, and requires that juvenile sex offenders register as a sex offender with the Children, Youth and Families Department (CYFD) within three business days of release into the community. 

•	A juvenile sex offender must register until they turn 21 or until released from supervision by CYFD. Once the juvenile sex offender turns 21, all information must be removed from all law enforcement databases.

•	Adds that an “out of state registrant” includes a person who is employed or attends school in New Mexico and who is required to register as a sex offender in another state.  Currently, it only means a person who establishes a residence in New Mexico while required to register as a sex offender in another state.

•	Adds to the definition of “sex offender” to include a resident of New Mexico who, after July 1, 1995, is convicted of a sex offense and also includes a juvenile sex offender who received an adult sentence

•	Adds that a “sex offense” means the list of offenses committed on or after the date became registerable in New Mexico

•	Includes as sex offenses: patronizing prostitutes (when the prostitute was younger than 16), promoting prostitution (when the victim was younger than 16), accepting earnings of a prostitute (when the prostitute was younger than 16), human trafficking for a sexual purpose (victim younger than 16), criminal sexual communication of a child, and conspiracy to commit any of the other sex offenses. 

•	Adds a definition for “sexually violent offense” meaning aggravated criminal sexual penetration, criminal sexual penetration in the first, second or third degrees. 

•	Creates three tiers of sex offenses: Tier 1, Tier 2, and Tier 3, and lists offenses for each category.

•	A Tier 3 offender must verify their sex offender registration information with the county sheriff every 90 days for the remainder of their life. 

•	A Tier 2 offender must verify their sex offender registration information with the Department of Public Safety (DPS) once every six months for 25 years from the date of initial registration

•	A Tier 1 offender must verify their sex offender registration information yearly with DPS for a period of 15 years. 

•	Provides that out-of-state registrants must verify their information with DPS, not with the county sheriff

•	Reduces the time frame for registering as a sex offender from five business days to three business days of the triggering event.

•	Adds that a sex offender who is confined to a hospice facility or skilled nursing home is not required to appear in-person to verify their information.

•	Removes the ability for a sex offender to change their registration information electronically.  Instead, they must appear in person within 3 days of a change of name, residence, employment or student status.  

•	Requires that public registration information include the offender’s place of employment. Currently, the offender’s employment is listed only if it involves direct contact with children.

•	Requires public access to information regarding all Tier 2 and Tier 3 sex offenders or those required to register as a lifetime offender as a result of an out of state convictions

HB 282 applies to any person convicted of a sex offense on or after July 1, 1995. 
 

 Under the current SORNA law:
•	Juveniles who have a delinquent adjudication for a sexually violent offense are not required to register as sex offenders 
•	Sex offenders must verify their information within five days of the triggering event with the county sheriff, and they are able to do so electronically
•	There are 2 categories of sex offenders that are treated differently; one group has a lifetime registration requirement; the other group has to register for 10 years. 
•	Public access to information is only available for certain sex offense convictions   
•	The offender’s employment is publicly listed only if it involves direct contact with children.