Analysis

Synopsis:

 House Bill 56 (HB 56) revises definitions used in the Sex Offender Registration and Notification Act. HB 56 expands the definition of Sex Offender. HB 56 expands convictions that are considered sex offenses requiring registration under the Sex Offender Registration and Notification Act. HB 56 provides no statute of limitations for the crime of human trafficking. HB 56 increases the age of a child for the crime of sexual exploitation of children by prostitution. HB 56 changes the crime of human trafficking. HB 56 provides mandatory restitution. HB 56 provides for forfeiture. HB 56 expands the definition of Criminal Offense in the Victims of Crime Act. HB 56 expands the definition of Serious Violent Offense in Section 33-2-34 NMSA 1978.

Analysis:

 HB 56 makes changes to 1) Time Limitations for Commencing Prosecution, 30-1-8. NMSA 1978; 2) Sexual Exploitation of Children by Prostitution, 30-6A-4. NMSA 1978; 3) Local Registry-Central Registry-Administration by Department of Public Safety-Participation in the National Sex Offender Registry-Rules, 29-11A-5. NMSA 1978; and 4) Sex Offender Registration and Notification Act-Definitions, 29-11A-3. NMSA 1978.

Changed Law: Time Limitations for Commencing Prosecution, 30-1-8. NMSA 1978.

HB 56 establishes the rule, for a capital felony or a first-degree violent felony or for any crime against or in violation of Human Trafficking, Section 30-52-1 NMSA 1978, no limitation period will exist and prosecution for these crimes may commence at any time after the occurrence of the crime.

Changed Law: Sexual Exploitation of Children by Prostitution, 30-6A-4. NMSA 1978.

HB 56 adds content that states that in a prosecution for sexual exploitation of children by prostitution, it will not constitute a defense to prosecution that the defendant's intended victim was a peace officer posing as a child under eighteen years of age.

HB changes all references to the age of sixteen, to now reference eighteen, under Subsections (A), (B), and (C).

These changes now state:
•	Any person knowingly receiving any pecuniary profit as a result of a child under the age of eighteen engaging in a prohibited sexual act with another is guilty of a second-degree felony unless the child is under the age of thirteen, in which event the person is guilty of a first-degree felony.

•	Any person knowingly hiring or offering to hire a child under the age of eighteen to engage in any prohibited sexual act is guilty of a second-degree felony.

•	Any parent, legal guardian or person having custody or control of a child under eighteen years of age who knowingly permits that child to engage in or to assist any other person to engage in any prohibited sexual act or simulation of such an act for the purpose of producing any visual or print medium depicting such an act is guilty of a third-degree felony.

Changed Law: Local Registry-Central Registry-Administration by Department of Public Safety-Participation in the National Sex Offender Registry-Rules, 29-11A-5. NMSA 1978.

HB 56 now also requires the Department of Public Safety to retain registration information regarding a sex offender convicted for any of the following sex offenses for the entirety of the sex offender's natural life:

•	(6) human trafficking for commercial sexual activity, as provided in Section 30-52-1 NMSA 1978; 
•	(7) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978.

HB 56 now requires the Department of Public Safety to retain registration information regarding a sex offender convicted for the following offenses for a period of ten years following the sex offender's conviction, release from prison or release from probation or parole, whichever occurs later, for the following:

•	(8) any conviction entered by a court of a jurisdiction outside of the state and requiring the individual to register as a sex offender in that jurisdiction; provided that an individual may petition a court for an order excepting the individual from registering pursuant to the Sex Offender Registration and Notification Act if: (a) the individual would not have been required to register in New Mexico; and (b) the court finds good cause to except the individual from registering pursuant to the Sex Offender Registration and Notification Act.

Changed Law: Sex Offender Registration and Notification Act-Definitions, 29-11A-3. NMSA 1978.

Changed Definitions:
•	Conviction now means a conviction in any jurisdiction resulting in a sanction, regardless of whether adjudication is withheld. A sanction includes a fine, probation, community control, parole, conditional release, control release, or incarceration and includes a deferred sentence.

•	Sex Offender now means a person who: (1) is a resident of New Mexico who is convicted of a sex offense; (2) changes residence to New Mexico, when that person has been convicted of a sex offense; (3) does not have an established residence in New Mexico, but owns a residential property in New Mexico, 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; or...

•	Sex Offense now also means any of the following offenses or their equivalents in any other jurisdiction: New: (13) human trafficking for commercial sexual activity, as provided in Section 30-52-1 NMSA 1978; and (15) any conviction entered by a court of a jurisdiction outside of the state and requiring the individual to register as a sex offender in that jurisdiction.

New Definitions:
•	Institution of Higher Education means a: (1) private or public postsecondary educational institution; (2) trade school; or (3) professional school.

•	Jurisdiction means: (1) a state of the United States; (2) the United States and its territories; (3) a military tribunal convened by the military of the United States; (4) the District of Columbia; or (5) a tribal government.

Removed Definition:
•	Institution of Higher Education now means a: (1) private or public postsecondary educational institution; (2) trade school; or (3) professional school.

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