Legislative Update

Legislative Update:

  2-15-13

 Thursday was the deadline for introduction of legislation. There are a number of proposals pending that will require significant effort by RSOL. Following is a  summary of the bills pending that RSOL has identified as “high priority, "  especially for anyone required to register as a sex offender or a family member.

HB 570

Introduced by Representative Antonio Maestas (D). The legislation is intended to  offer an alternative to HB 446 (Herrell’s bill) which is fairer and does not flagrantly  violate the constitution. There are several significant differences between HB 570  and HB 446. The most significant components are:

(1) all registration  functions would be transferred to the New Mexico Department of Public  Safety,

(2) it would not increase registration periods for anyone already  registered, thus, the people under old SORNA would remain there; and

(3)  new offenses added to the list would be prospectively applied.

HB 570 would:

· Add six new offenses to the registry;

· Reduce the amount of time from ten days to five days for a registrant to  notify the DPS of changes, however, the DPS is also required to create a  secure system where a registrant can submit required changes electronically

· Require that the DPS to send registrants reminders of approaching  deadlines;

· Creates language that clarifies that after registrants initially register, he/she  will verify registration information by returning a form sent by the DPS;

· Tier New Mexico’s current lifetime in accordance with the AWA criteria  which will result in a reduction of registration for many current offenders;

· Requires that the DPS create a secure system where a registrant can submit  required changes electronically; and

· Restrict law enforcement from imposing requirements not contained in  SORNA.

Current Status:

Awaiting first hearing in House Consumer and Public Affairs  Committee.

HB 587

Introduced by Representative Cynthia Brown (R). This legislation would create a  “Drug Traffickers” registry. The language of the proposal is almost identical to the  sex offender registry other than:

(1) the period of registration is only five years; and

(2) registrants will not be listed on the Internet; and

(3) registrants will only report  to their friendly sheriff once per year. Obviously RSOL will strongly oppose  this legislation.

Current Status:

Assigned to House Consumer and Public Affairs Committee. Not

scheduled for first hearing yet.

HB 446

Introduced by Representative Yvette Herrell (R). The legislation is nearly identical  to HB 179, a proposal that she sponsored last year, except that the legislation has  far wider ramifications.

This legislation would:

· Retroactively add six new offenses to New Mexico’s list;

· Reduce the amount of time for reporting changes from 10 days to 3 days;

· Change the frequency of reporting and retroactively impose increased  registration periods for those under the old law; and

· Retroactively impose the duty to register on anyone ever convicted of a sex  offense, regardless of the date of conviction, if the person is still alive.  This is a high priority for RSOL because this is very dangerous piece of legislation  for the following reasons:

(1) the governor has indicated that it is a high priority for  her to see enacted; and

(2) the obvious constitutional issues with the retroactivity of  the proposal.

Current Status:

Awaiting first hearing in the House Consumer and Public Affairs  Committee.

HB 48

Sponsored by Representative Nate Gentry (R). The is a high priority for RSOL  because the legislation would prohibit any person required to register pursuant to  New Mexico’s Sex Offender Registration and Notification Act (SORNA) from  accessing social media, instant messaging, or chat rooms.

Current Status:

Was heard in House Consumer and Public Affairs Committee  (CPAC) this past Tuesday. In response to criticism by RSOL and concerns expressed  by Rep. Gail Chasey, Rep. Gentry agreed to narrow the scope of the legislation.  RSOL is pleased that the “Substitute” bill is narrower than the original version but  still has constitutional concerns. We are working with the sponsor in an attempt to  find language that will narrow this proposal even further. The next step is  that the bill will be schedule for a hearing in the House Judiciary Committee.

HB 38

Sponsored by Representative Alonzo Baldonado (R). The legislation would  extinguish parental rights for those convicted of any form of Criminal Sexual  Penetration (CSP) in cases where a child was conceived, regardless of whether the  crime was perpetrated by force. In other words, any person that engaged in  consensual sex with an individual below the age of consent would have no parental  rights if this becomes law.

Current Status:

The bill received a "do pass" in House Consumer and Public  Affairs and is now awaiting a hearing in the House Judiciary Committee.

HB 270

Sponsored by Representative Tom Taylor (R). The legislation adds the offense of Electronic Solicitation to the list of offenses that will require the imposition of an indeterminate five to twenty year sentence, and requires that the offender pay for  his/her own Risk Assessment. The bill has not been scheduled for its first hearing  yet.

Current Status:

Is assigned to the House Health Government and Indian Affairs  Committee (HHGIC) awaiting its first hearing scheduled for Saturday February  16th.

SB252

Sponsored by Senator Phil Griego (D). This bill is a major revamp (84 pages) of the children’s code that contains a dangerous provision buried deep inside. There is a  list of aggravating circumstances that could be used to remove a child due to abuse  or neglect. One of the “aggravating circumstances” that would permit a finding of  abuse or neglect would be if a parent is registered or ever had to register as a sex  offender. This provision could be used as a reason to take your kids away! This is  obviously the most serious civil rights threat to date.

Current Status:

The bill is in the Senate Public Affairs Committee (SPC) and was  re-scheduled for its first hearing on Tuesday February 18th.

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02/14/2013

From: Lloyd, RSOLNM President

SB252 was moved to another day because they put it off and it got late. Early on we were told by a lawmaker that he could assure us of being tabled, so we cut everyone out early. Thanks for everyone who came out to fight this terrible bill. One last round of thanks to everyone who made the booth a fantastic success as well!

That should be all the activity for this week, as our focus of attention switches to HB446. Representative Moe Maestas dropped HB570 yesterday just before the deadline, also a SORNA revision we oppose, but done in a prospective manner, with down tiering so we can shrink our life time list. Stay tuned for important hearings!

The Child Photo Project:

Despite the desperate situation we face, we are struggling to bring out families and children to committee meetings, which threatens significant failure in any committee. Ken Knolls came up with a fantastic concept to help overcome this serious deficiency. We are requesting photos of EVERYONE'S child, along with an age, and a first name. We will print 8"x10" picture and stick to some foam board and add a stick. The concept is to ask everyone in committee to hold them up and let lawmakers know those are the children of registered families they are destroying...THAT will make an impression! For those worry wart parents this is a way to get involved without driving to Santa Fe and having your kids sit in committee. And NO ONE will know who the kids belong to, or the last name, nor remember a face they saw for a moment in committee. I am asking EVERY parent to email photos of your kids to Esther.(Yetico@cybermesa.com) If you don't, we will be calling you! Again, age and first name are all we need with the photos. Thanks in advance for all you parents help on this fantastic project.

Retroactivity Crisis Mailing Project:

With HB446 taking nearly everyone to life on the registry and adding 100% retroactivity, we are planning a mass mailing to old 10 and 20yr registered families, primarily for fundraising and to increase involvement and membership, as well as prepare for retroactivity law suits. Stay tuned as Larry plans for a time and place for volunteers to come help stuff envelopes.

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