SEX OFFENDER REGISTRATION & FEDERAL LAW

HB0199

HOUSE BILL 199

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Cathrynn N. Brown
and
Meredith A. Dixon

AN ACT

RELATING TO SEX OFFENDER REGISTRATION; AMENDING 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 registrable
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;

(18) voyeurism, as provided in Section 30-9-20
NMSA 1978, when the victim is younger than eighteen years of
age; or

[
(13)
]
(19)
attempt to commit any of the sex
offenses set forth in Paragraphs (1) through [
(11)
]
(18)
of
this subsection, as provided in Section 30-28-1 NMSA 1978;
[
and
]

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
]
a 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;

(5) voyeurism, as provided in Section 30-9-20
NMSA 1978, when the victim is younger than eighteen years of
age; or

(6) attempt to commit any of the sex offenses
set forth in Paragraphs (1) through (5) 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, when 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 than sixteen years of age;

(6) 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;

(7) criminal sexual penetration in the fourth
degree, as provided in Section 30-9-11 NMSA 1978, when the
victim is sixteen years of age or older;

(8) criminal sexual contact of a minor, as
provided in Section 30-9-13 NMSA 1978, when the victim is
thirteen to eighteen years of age;

(9) incest, as provided in Section 30-10-3
NMSA 1978;

(10) criminal sexual communication with a
child, as provided in Section 30-37-3.3 NMSA 1978;

(11) human trafficking, as provided in Section
30-52-1 NMSA 1978, for sexual purpose, when the victim is
younger than sixteen years of age;

(12) child solicitation by electronic
communication device, as provided in Subsection C of Section
30-37-3.2 NMSA 1978; and

(13) attempt to commit any of the sex offenses
set forth in Paragraphs (1) through (12) of this subsection, as
provided in Section 30-28-1 NMSA 1978; and

O. "tier 3 sex offense" means:

(1) kidnapping, as provided in Section 30-4-1
NMSA 1978, when committed with intent to inflict a sex offense
and when the victim is younger than eighteen years of age;

(2) aggravated criminal sexual penetration or
criminal sexual penetration in the first, second or third
degree, as provided in Section 30-9-11 NMSA 1978;

(3) criminal sexual penetration in the fourth
degree, as provided in Section 30-9-11 NMSA 1978, when the
victim is younger than sixteen years of age;

(4) criminal sexual contact of a minor, as
provided in Section 30-9-13 NMSA 1978, when the victim is
younger than thirteen years of age; and

(5) attempt to commit any of the sex offenses
set forth in Paragraphs (1) through (4) of this subsection, as
provided in 30-28-1 NMSA 1978
."

SECTION 3.
Section 29-11A-4 NMSA 1978 (being Laws 1995,
Chapter 106, Section 4, as amended) is amended to read:

"29-11A-4. REGISTRATION OF SEX OFFENDERS--INFORMATION
REQUIRED--VERIFICATION--CRIMINAL PENALTY FOR NONCOMPLIANCE.--

A. A sex offender residing in this state shall
register with the county sheriff for the county in which the
sex offender resides.

B. A juvenile sex offender shall register with the
children, youth and families department no later than three
business days after release into the community after
adjudication for a sexually violent offense.

[
B.
]
C.
A sex offender who is a resident of New
Mexico shall initially register
in person
with the county
sheriff no later than [
five
]
three
business days after being
released from the custody of the corrections department, a
municipal or county jail or a federal, military or tribal
correctional facility or detention center or being placed on
probation or parole. A sex offender who changes residence to
New Mexico shall register with the county sheriff no later than
[
five
]
three
business days after arrival in this state. When a
sex offender initially registers with the county sheriff, the
sex offender shall provide the following registration
information:

(1) the sex offender's legal name and any
other names or aliases that the sex offender is using or has
used;

(2) the sex offender's date of birth;

(3) the sex offender's social security number;

(4) the sex offender's current physical and
mailing address and the address of every place where the sex
offender habitually lives;

(5) the sex offender's place of employment;

(6) the sex offense for which the sex offender
was convicted;

(7) the date and place of the sex offense
conviction;

(8) the sex offender's names, email addresses
and monikers and other self-identifiers used on social
networking sites, to be used only for law enforcement purposes;

(9) the sex offender's landline and cellular
telephone numbers and any other telephone numbers primarily
used by the sex offender;

(10) the sex offender's professional licenses;

(11) the license plate or other identifier and
the description of any vehicle owned or primarily operated by
the sex offender, including aircraft and watercraft;

(12) the name and address of any school or
institution of higher education that the sex offender is
attending; and

(13) copies of the sex offender's passport and
immigration documents.

[
C.
]
D.
A sex offender who is a resident of another
state but who is employed in New Mexico or attending public or
private school or an institution of higher education in New
Mexico shall register
in person
with the county sheriff for the
county in which the sex offender is working or attending school
or an institution of higher education
no later than three
business days after beginning work or attending school in New
Mexico
.

[
D.
]
E.
A sex offender who is a resident of another
state but who is employed in New Mexico or attending public or
private school or an institution of higher education in New
Mexico shall register
in person
with the county sheriff no
later than [
five
]
three
business days after beginning work or
school. When the sex offender registers with the county
sheriff, the sex offender shall provide the following
registration information:

(1) the sex offender's legal name and any
other names or aliases that the sex offender is using or has
used;

(2) the sex offender's date of birth;

(3) the sex offender's social security number;

(4) the sex offender's current physical and
mailing address in the sex offender's state of residence and,
if applicable, the address of the sex offender's place of
lodging in New Mexico while working or attending school or an
institution of higher education;

(5) the sex offender's place of employment or
the name of the school the sex offender is attending;

(6) the sex offense for which the sex offender
was convicted; and

(7) the date and place of the sex offense
conviction.

[
E.
]
F.
When a sex offender registers with a county
sheriff, the sheriff shall obtain:

(1) a photograph of the sex offender and a
complete set of the sex offender's fingerprints and a palm
print;

(2) a physical description, including a
description of any tattoos, scars or other distinguishing
features on the sex offender's body that would assist in
identifying the sex offender; and

(3) a DNA sample for inclusion in the sex
offender DNA identification system pursuant to the provisions
of the DNA Identification Act.

[
F.
]
G.
When a sex offender who is registered
changes any information required under this section, the sex
offender shall send written notice of the change on a form
approved by the department to the county sheriff no later than
[
five
]
three
business days after the change occurs.

[
G.
]
H.
When a sex offender who is registered
changes residence to a new county in New Mexico, the sex
offender shall register
in person
with the county sheriff of
the new county no later than [
five
]
three
business days after
establishing the new residence. The sex offender shall also
send written notice of the change in residence to the county
sheriff with whom the sex offender last registered no later
than [
five
]
three
business days after establishing the new
residence.

[
H.
]
I.
When a sex offender who is registered or
required to register is homeless or does not have an
established residence, but lives in a shelter, halfway house or
transitional living facility or stays in multiple locations in
New Mexico, the sex offender shall register each address or
temporary location with the county sheriff for each county in
which the sex offender is living or temporarily located. The
sex offender shall register
in person
no later than [
five
]

three
business days after a change in living arrangements or
temporary location.

[
I.
]
J.
When a sex offender who is registered or
required to register is employed, begins a vocation or is
enrolled as a student at an institution of higher education in
New Mexico, the sex offender shall disclose the sex offender's
status as a sex offender in writing to the county sheriff for
the county in which the institution of higher education is
located, the law enforcement entity responsible for the
institution of higher education and the registrar for the
institution of higher education no later than [
five
]
three

business days after beginning employment, beginning a vocation
or enrolling at the institution of higher education. The sex
offender shall also send written notice of any change regarding
employment, vocation or enrollment status at an institution of
higher education to the county sheriff, the law enforcement
entity and the registrar no later than [
five
]
three
business
days after the change in employment, vocation or enrollment
status.

[
J.
]
K.
When a sex offender who is registered or
required to register is employed or is enrolled as a student at
a public or private school in New Mexico, the sex offender
shall disclose the sex offender's status as a sex offender in
writing to the county sheriff for the county in which the
school is located and to the principal of the school no later
than [
five
]
three
business days after beginning employment or
enrolling at the school. The sex offender shall also send
written notice of any change regarding employment or enrollment
status at a school to the county sheriff and the principal no
later than [
five
]
three
business days after the change in
employment or enrollment status.

[
K.
]
L.
When a sex offender who is registered or
required to register is employed, begins a vocation or
volunteers services
in New Mexico
, regardless of whether the
sex offender receives payment or other compensation, the sex
offender shall disclose the sex offender's status as a sex
offender in writing to the sex offender's employer, supervisor
or person similarly situated. The written disclosure shall be
made immediately upon beginning employment, vocation or
volunteer service.

[
L.
]
M.
Following initial registration pursuant to
the provisions of this section:

(1) a sex offender [
required to register
pursuant to the provisions of Subsection D of Section 29-11A-5
NMSA 1978
]
convicted of a tier 3 sex offense
shall verify
registration information with the county sheriff
as provided in
Subsection [
N
]
O
of this section
not less than once in each
ninety-day period following the date of the sex offender's
initial registration for the remainder of the sex offender's
natural life;

(2) a sex offender [
required to register
pursuant to the provisions of Subsection E of Section 29-11A-5
NMSA 1978
]
convicted of a tier 2 sex offense
shall verify
registration information with the county sheriff as provided in
Subsection [
N
]
O
of this section once every six months for a
period of [
ten
]
twenty-five
years
from the date of initial
registration
; [
and
]

(3) a sex offender convicted of a tier 1 sex
offense shall annually verify registration information with the
county sheriff as provided in Subsection O of this section
prior to December 31 of each subsequent calendar year for a
period of fifteen years from the date of initial registration;

(4) a sex offender required to register for
the remainder of the sex offender's natural life as the result
of an out-of-state conviction shall verify registration
information with the county sheriff as provided in Subsection O
of this section not less than once in each ninety-day period
for the remainder of the sex offender's natural life;

[
(3)
]
(5)
an out-of-state registrant shall
verify registration information with the county sheriff
as
provided in Subsection O of this section
for [
whichever is the
longer of:

(a)
] the duration of time remaining in
the registrant's convicting jurisdiction and at the same
frequency as required in that state or territory, but no less
than once every six months [
or

(b) the duration of time remaining that
would be required for the equivalent offense in New Mexico
];

and

(6) a juvenile sex offender's obligation to
register shall extend until the offender attains twenty-one
years of age or until the juvenile sex offender is released
from supervision by the children, youth and families
department
.

[
M.
]
N.
Notwithstanding the provisions of
[
Paragraph (2) of Subsection L
]
Paragraphs (2) and (3) of
Subsection M
of this section, if a sex offender is convicted a
second or subsequent time for a sex offense [
set forth in
Subsection E of Section 29-11A-5 NMSA 1978
], the sex offender
shall verify registration information with the county sheriff

as provided in Subsection [
N
]
O
of this section
not less than
once in each ninety-day period following the date of the sex
offender's initial registration for the remainder of the sex
offender's natural life.

[
N.
]
O.
At least fifteen days prior to the time a
sex offender is required to verify registration information,
the department shall send a verification form to the sex
offender, by first class mail, containing the sex offender's
current registration information and a notice of the date that
the sex offender's next verification is due. The sex offender
shall appear in person at a location designated by the
department to verify the information contained on the form, to
change the information as necessary and to sign a statement
under oath that the information is true and correct. The
department may photograph the sex offender at that time if the
sex offender's appearance is significantly different from the
photograph already contained in the sex offender's file. If a
sex offender does not receive a verification form before the
time that the sex offender is required to verify registration
pursuant to Subsection [
L
]
M
of this section, the sex offender
shall appear at a location designated by the department to
verify registration information as required by this section.
A
sex offender shall be relieved of the in-person verification
requirements of this subsection if the sex offender is confined
to a hospice facility or skilled nursing home.

[
O. The department shall establish a secure system
that will permit a sex offender to notify the department
electronically of any change in registration information.
]

P. A sex offender shall appear in person in the
county where the sex offender resides to notify the county
sheriff of the sex offender's change of name, change of
residence, change of employment or change in student status no
later than three days after the change.

[
P.
]
Q.
A sex offender who willfully or
knowingly fails to comply with the registration or verification
requirements set forth in this section is guilty of a fourth
degree felony and shall be sentenced pursuant to the provisions
of Section 31-18-15 NMSA 1978. A sex offender who willfully or
knowingly fails to comply with the registration or verification
requirements set forth in this section after a first or
subsequent conviction for a violation pursuant to this section
is guilty of a third degree felony and shall be sentenced
pursuant to the provisions of Section 31-18-15 NMSA 1978. The
willful failure to comply with any registration or verification
requirement set forth in this section shall be deemed part of a
continuing transaction or occurrence. A conviction pursuant to
this subsection shall not be considered a felony for purposes
of the imposition of sentencing enhancements pursuant to the
provisions of Section 31-18-17 NMSA 1978.

[
Q.
]
R.
A sex offender who willfully or knowingly
provides false information when complying with the registration
or verification requirements set forth in this section is
guilty of a fourth degree felony and shall be sentenced
pursuant to the provisions of Section 31-18-15 NMSA 1978. A
sex offender who willfully or knowingly provides false
information when complying with the registration or
verification requirements set forth in this section after a
first or subsequent conviction for a violation pursuant to this
section is guilty of a third degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978. The willful providing by a sex offender of false
information with respect to the registration or verification
requirements set forth in this section shall be deemed part of
a continuing transaction or occurrence. A conviction pursuant
to this subsection shall not be considered a felony for
purposes of the imposition of sentencing enhancements pursuant
to the provisions of Section 31-18-17 NMSA 1978."

SECTION 4.
Section 29-11A-4.1 NMSA 1978 (being Laws 2000,
Chapter 8, Section 6, as amended) is amended to read:

"29-11A-4.1. PROCEDURES WHEN A SEX OFFENDER MOVES FROM
NEW MEXICO TO ANOTHER STATE.--

A. If a sex offender intends to move from New
Mexico to another state, no later than thirty days prior to
moving to the other state, [
he
]
the sex offender
shall:

(1) notify the county sheriff of the county
[
he
]
the sex offender
resides in that [
he
]
the sex offender
is
moving to the other state; and

(2) provide the county sheriff with a written
notice that identifies the state to which the sex offender is
moving.

B. Within five days of receiving a sex offender's
written notice of intent to move to another state, the county
sheriff shall transmit that information to the department [
of
public safety
]. Within five days of receiving that information
from a county sheriff, the department shall contact the state
agency responsible for registering sex offenders in the state
to which the sex offender is moving. The department shall
provide that state agency with registration information
regarding the sex offender. The department shall also obtain
information regarding registration requirements for sex
offenders in the state to which the sex offender is moving.
The department shall provide the sex offender with written
notification of the registration requirements in the state to
which the sex offender is moving.

C. A sex offender who willfully fails to comply
with the requirements set forth in this section is guilty of a
fourth degree felony and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978."

SECTION 5.
Section 29-11A-5 NMSA 1978 (being Laws 1995,
Chapter 106, Section 5, as amended by Laws 2007, Chapter 68,
Section 2 and by Laws 2007, Chapter 69, Section 6) is amended
to read:

"29-11A-5.
LOCAL REGISTRY--CENTRAL REGISTRY--ADMINISTRATION BY DEPARTMENT [
OF PUBLIC SAFETY
]--PARTICIPATION
IN THE NATIONAL SEX OFFENDER REGISTRY--RULES.--

A. A county sheriff shall maintain a local registry
of sex offenders in the sheriff's jurisdiction required to
register pursuant to the provisions of the Sex Offender
Registration and Notification Act.

B. The county sheriff shall forward:

(1) registration information obtained from sex
offenders to the department [
of public safety
]. The initial
registration information and any new registration information
subsequently obtained from a sex offender shall be forwarded by
the county sheriff no later than ten working days after the
information is obtained from a sex offender. If the department
[
of public safety
] receives information regarding a sex
offender from a governmental entity other than a county
sheriff, the department shall send that information to the
sheriff for the county in which the sex offender resides; and

(2) samples of DNA obtained from sex offenders
to the administrative center for the sex offender DNA
identification system pursuant to the provisions of the DNA
Identification Act.

C. The department [
of public safety
] shall maintain
a central registry of sex offenders required to register
pursuant to the provisions of the Sex Offender Registration and
Notification Act. The department shall participate in the
national sex offender registry administered by the United
States department of justice. The department shall send
conviction information and fingerprints for all sex offenders
registered in New Mexico to the national sex offender registry
administered by the United States department of justice and to
the federal bureau of investigation.

D. The department [
of public safety
] shall retain
registration information regarding a sex offender convicted
[
for any of the following sex offenses for the entirety
]
of a
tier 3 sex offense for the remainder
of the sex offender's
natural life.

[
(1) aggravated criminal sexual penetration or
criminal sexual penetration in the first, second or third
degree, as provided in Section 30-9-11 NMSA 1978;

(2) criminal sexual contact of a minor in the
second, third or fourth degree, as provided in Section 30-9-13
NMSA 1978;

(3) sexual exploitation of children, as
provided in Section 30-6A-3 NMSA 1978;

(4) kidnapping, as provided in Section 30-4-1
NMSA 1978, when the victim is less than eighteen years of age
and the offender is not a parent of the victim;

(5) criminal sexual contact in the fourth
degree, as provided in Section 30-9-12 NMSA 1978; or

(6) attempt to commit any of the sex offenses
set forth in Paragraphs (1) through (5) of this subsection, as
provided in Section 30-28-1 NMSA 1978
]

E. The department [
of public safety
] shall retain
registration information regarding a sex offender convicted
[
for the following offenses
]
of a tier 2 sex offense
for a
period of [
ten
]
twenty-five
years following
the latest of
the
sex offender's conviction, release from prison or release from
probation or parole. [
whichever occurs later:

(1) criminal sexual penetration in the fourth
degree, as provided in Section 30-9-11 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, when the victim is less than eighteen years
of age and the offender is not a parent of the victim;

(4) aggravated indecent exposure, as provided
in Section 30-9-14.3 NMSA 1978;

(5) enticement of child, as provided in
Section 30-9-1 NMSA 1978;

(6) incest, as provided in Section 30-10-3
NMSA 1978, when the victim is less than eighteen years of age;

(7) 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;

(8) child solicitation by electronic
communication device, as provided in Section 30-37-3.2 NMSA
1978; or

(9) attempt to commit any of the sex offenses
set forth in Paragraphs (1) through (6) of this subsection, as
provided in Section 30-28-1 NMSA 1978
]

F. The department shall retain registration
information regarding a sex offender convicted of a tier 1 sex
offense for a period of fifteen years following the latest of
the sex offender's conviction, release from prison or release
from probation or parole.

G. The children, youth and families department
shall retain registration information regarding a juvenile sex
offender until the juvenile sex offender attains twenty-one
years of age, at which time the children, youth and families
department shall notify the department of public safety that
the registration period of the juvenile sex offender has
expired. Within ten days of receiving the notice, the
department of public safety shall remove all information
regarding the juvenile sex offender from the department's
database of sex offenders and remove or cause to be removed all
information entered by any governmental entity in New Mexico
from all law enforcement databases.

[
F.
]
H.
Notwithstanding the provisions of
Subsection E of this section, if a sex offender is convicted a
second or subsequent time for a sex offense set forth in that
subsection, the department [
of public safety
] shall retain
information regarding the sex offender for the entirety of the
sex offender's natural life.

[
G.
]
I.
The department [
of public safety
] shall
adopt rules necessary to carry out the provisions of the Sex
Offender Registration and Notification Act. Rules necessary
for the collection of DNA samples and the administration and
operation of the sex offender DNA identification system shall
be adopted by the DNA identification system oversight committee
pursuant to the provisions of the DNA Identification Act."

SECTION 6.
Section 29-11A-5.1 NMSA 1978 (being Laws 1999,
Chapter 19, Section 8, as amended) is amended to read:

"29-11A-5.1. PUBLIC ACCESS TO INFORMATION REGARDING
CERTAIN REGISTERED SEX OFFENDERS--ACTIVE COMMUNITY
NOTIFICATION--[
INTERNET WEB SITE
]
WEBSITE
.--

A. If a sex offender is convicted of [
one of the
following sex offenses
]
a tier 2 sex offense or tier 3 sex
offense or required to register as a lifetime sex offender as a
result of an out-of-state conviction
, the county sheriff shall
forward registration information obtained from the sex offender
to the district attorney for the judicial district in which the
sex offender resides and, if the sex offender is a resident of
a municipality, the chief law enforcement officer for the
municipality in which the sex offender resides.

[
(1) aggravated criminal sexual penetration or
criminal sexual penetration in the first, second or third
degree, as provided in Section 30-9-11 NMSA 1978;

(2) criminal sexual contact of a minor in the
second, third or fourth degree, as provided in Section 30-9-13
NMSA 1978;

(3) sexual exploitation of children, as
provided in Section 30-6A-3 NMSA 1978;

(4) sexual exploitation of children by
prostitution, as provided in Section 30-6A-4 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
]

B. A person who wants to obtain registration
information regarding sex offenders described in Subsection A
of this section may request that information from the:

(1) sheriff for the county in which the sex
offenders reside;

(2) chief law enforcement officer for the
municipality in which the sex offenders reside;

(3) district attorney for the judicial
district in which the sex offenders reside; or

(4) secretary of public safety.

C. Upon receiving a request for registration
information regarding sex offenders described in Subsection A
of this section, the county sheriff, chief municipal law
enforcement officer, district attorney or secretary of public
safety shall provide that registration information, with the
exception of a sex offender's social security number and DNA
information, within a reasonable period of time, and no later
than seven days after receiving the request.

D. Within seven days of receiving registration
information from a sex offender described in Subsection A of
this section, the county sheriff shall contact every licensed
daycare center, elementary school, middle school and high
school within a one-mile radius of the sex offender's residence
and provide them with the sex offender's registration
information, with the exception of the sex offender's social
security number and DNA information.

E. The department shall establish and manage [
an
internet web site
]
a website
that provides the public with
registration information regarding sex offenders described in
Subsection A of this section, except that the department shall
not provide registration information on the [
internet web site
]

website
regarding a sex offender who was less than eighteen
years of age when the sex offender committed the sex offense
for which the sex offender was convicted as a youthful
offender, as provided in Section 32A-2-3 NMSA 1978, unless at
the time of sentencing, the court made a finding that the sex
offender is not amenable to treatment and is a danger to the
community. The registration information provided to the public
pursuant to this subsection shall not include a sex offender's
social security number or DNA information [
or the identity of a
sex offender's place of employment, unless the sex offender's
employment requires the sex offender to have direct contact
with children
]. The [
internet web site
]
website
shall provide
only the following registration information:

(1) the sex offender's legal name and any
other names or aliases that the sex offender is using or has
used;

(2) the sex offender's current address and the
address of every place where the sex offender habitually lives;

(3) [
if the sex offender's employment involves
direct contact with children
] the sex offender's place of
employment;

(4) the sex offenses for which the sex
offender has been convicted;

(5) a photograph of the sex offender;

(6) the sex offender's date of birth;

(7) a physical description, including a
description of any tattoos, scars or other distinguishing
features on the sex offender's body that would assist in
identifying the sex offender; and

(8) a link that will pinpoint the location of
the sex offender's place of employment [
if the sex offender has
direct contact with children
]."

SECTION 7.
Section 29-11A-7 NMSA 1978 (being Laws 1995,
Chapter 106, Section 7, as amended) is amended to read:

"29-11A-7. NOTICE TO SEX OFFENDERS OF DUTY TO REGISTER.--

A. A court shall provide a sex offender convicted
in that court with written notice of [
his
]
the sex offender's

duty to register pursuant to the provisions of the Sex Offender
Registration and Notification Act. The written notice shall be
included in judgment and sentence forms provided to the sex
offender. The written notice shall inform the sex offender
that [
he
]
the sex offender
is required to:

(1) register with the county sheriff for the
county in which the sex offender will reside or, if the sex
offender will not have an established residence, with the
county sheriff for each county in which the sex offender will
live or be temporarily located pursuant to the provisions of
the Sex Offender Registration and Notification Act;

(2) report subsequent changes of address
pursuant to the provisions of the Sex Offender Registration and
Notification Act;

(3) notify the county sheriff of the county
[
he
]
the sex offender
resides in if the sex offender intends to
move to another state and that the sex offender is required to
register in the other state pursuant to the provisions of the
Sex Offender Registration and Notification Act;

(4) disclose [
his
]
the sex offender's
status
as a sex offender in writing when [
he
]
the sex offender
begins
employment, begins a vocation or enrolls as a student at an
institution of higher education in New Mexico to the county
sheriff for the county in which the institution of higher
education is located and to the law enforcement entity and
registrar for the institution of higher education pursuant to
the provisions of the Sex Offender Registration and
Notification Act;

(5) provide written notice of any change
regarding [
his
]
the sex offender's
employment, vocation or
enrollment status at an institution of higher education to the
county sheriff, the law enforcement entity and the registrar
pursuant to the provisions of the Sex Offender Registration and
Notification Act;

(6) disclose [
his
]
the sex offender's
status
as a sex offender in writing, when [
he
]
the sex offender

enrolls as a student at a private or public school in New
Mexico, to the county sheriff for the county in which the
school is located and to the principal of the school pursuant
to the provisions of the Sex Offender Registration and
Notification Act;

(7) provide written notice of any change
regarding [
his
]
the sex offender's
enrollment status at a
public or private school in New Mexico to the county sheriff
and the principal of the school pursuant to the provisions of
the Sex Offender Registration and Notification Act;

(8) disclose [
his
]
the sex offender's
status
as a sex offender in writing to [
his
]
the sex offender's

employer, supervisor or other person similarly situated when
[
he
]
the sex offender
begins employment, begins a vocation or
volunteers [
his
]
the sex offender's
services, regardless of
whether the sex offender receives payment or other
compensation, pursuant to the provisions of the Sex Offender
Registration and Notification Act; and

(9) read and sign a form that indicates that
the sex offender has received the written notice and that a
responsible court official, designated by the chief judge for
that judicial district, has explained the written notice to the
sex offender.

B. The corrections department, a municipal or
county jail or a detention center, at the time of release of a
sex offender in its custody, shall provide a written notice to
the sex offender of [
his
]
the sex offender's
duty to register,
pursuant to the provisions of the Sex Offender Registration and
Notification Act. The written notice shall inform the sex
offender that [
he
]
the sex offender
is required to:

(1) register with the county sheriff for the
county in which the sex offender will reside or, if the sex
offender will not have an established residence, with the
county sheriff for each county in which the sex offender will
live or be temporarily located pursuant to the provisions of
the Sex Offender Registration and Notification Act;

(2) report subsequent changes of address
pursuant to the provisions of the Sex Offender Registration and
Notification Act;

(3) notify the county sheriff of the county
[
he
]
the sex offender
resides in if the sex offender intends to
move to another state and that the sex offender is required to
register in the other state pursuant to the provisions of the
Sex Offender Registration and Notification Act;

(4) disclose [
his
]
the sex offender's
status
as a sex offender in writing when [
he
]
the sex offender
begins
employment, begins a vocation or enrolls as a student at an
institution of higher education in New Mexico to the county
sheriff for the county in which the institution of higher
education is located and to the law enforcement entity and
registrar for the institution of higher education pursuant to
the provisions of the Sex Offender Registration and
Notification Act;

(5) provide written notice of any change
regarding [
his
]
the sex offender's
employment, vocation or
enrollment status at an institution of higher education to the
county sheriff, the law enforcement entity and the registrar
pursuant to the provisions of the Sex Offender Registration and
Notification Act;

(6) disclose [
his
]
the sex offender's
status
as a sex offender in writing, when [
he
]
the sex offender

enrolls as a student at a private or public school in New
Mexico, to the county sheriff for the county in which the
school is located and to the principal of the school pursuant
to the provisions of the Sex Offender Registration and
Notification Act;

(7) provide written notice of any change
regarding [
his
]
the sex offender's
enrollment status at a
public or private school in New Mexico to the county sheriff
and the principal of the school pursuant to the provisions of
the Sex Offender Registration and Notification Act;

(8) disclose [
his
]
the sex offender's
status
as a sex offender in writing to [
his
]
the sex offender's

employer, supervisor or other person similarly situated when
[
he
]
the sex offender
begins employment, begins a vocation or
volunteers [
his
]
the sex offender's
services, regardless of
whether the sex offender receives payment or other
compensation, pursuant to the provisions of the Sex Offender
Registration and Notification Act; and

(9) read and sign a form that indicates that
the sex offender has received the written notice and that a
responsible corrections department official, designated by the
secretary of corrections, or a responsible municipal or county
jail official or detention center official has explained the
written notice to the sex offender.

C. A court, the corrections department, a municipal
or county jail or a detention center shall also provide written
notification regarding a sex offender's release to the sheriff
of the county in which the sex offender is released and to the
department of public safety.

D. The department [
of public safety
], at the time
it is notified by officials from another state that a sex
offender will be establishing residence in New Mexico, shall
provide written notice to the sex offender of [
his
]
the sex
offender's
duty to register pursuant to the provisions of the
Sex Offender Registration and Notification Act."

SECTION 8.
APPLICABILITY.--The provisions of this act
apply to any person convicted of a sex offense on or after July
1, 1995.

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