2019 New Mexico Statutes
Chapter 29 - Law Enforcement
Article 11A - Sex Offender Registration and Notification
Section 29-11A-9 - State preemption; saving clause.

A. The state preempts the field of sex offender registration and notification. Cities, counties, home rule municipalities and other political subdivisions of the state are prohibited from adopting or continuing in effect any ordinance, rule, regulation, resolution or statute on sex offender registration and notification and from imposing any other restrictions on sex offenders that are not included in the Sex Offender Registration and Notification Act. The department, cities, counties, home rule municipalities and other political subdivisions of the state shall not require a sex offender to report or to register more frequently or to provide information not required by the Sex Offender Registration and Notification Act.

B. After January 18, 2005, cities, counties, home rule municipalities and other political subdivisions of the state are prohibited from adopting or amending an ordinance, rule, regulation or resolution on sex offender registration and notification. An ordinance in effect on January 18, 2005 shall continue in force and effect until repealed; provided that the ordinance shall only continue in force and effect with regard to sex offenders who are required to register pursuant to the provisions of the ordinance but who are not required to register pursuant to the provisions of the Sex Offender Registration and Notification Act. All other sex offenders shall register pursuant to the provisions of the Sex Offender Registration and Notification Act.

History: Laws 2005, ch. 279, § 7; 2013, ch. 152, § 4.

The 2013 amendment, effective July 1, 2013, reiterated state preemption of the field of sex offender registration; prohibited law enforcement from requiring additional registration or from imposing other restrictions; in Subsection A, in the second sentence, after "registration and notification", added the remainder of the sentence and added the second sentence.

Applicability. — Laws 2013, ch. 152, § 5 provided that the provisions of the amendments to the Sex Offender Registration and Notification Act enacted by Laws 2013, ch. 152 are applicable to a person who, on or after July 1, 2013, is found guilty of committing a sex offense.

Laws 2005, ch. 279, §14, effective July 1, 2005, provided that Laws 2005, ch. 279, §§ 1 through 13 apply to a person convicted of a sex offense on or after July 1, 2005 and a person convicted of a sex offense prior to July 1, 2005 and who, on July 1, 2005, was still incarcerated, on probation or on parole for commission of that sex offense.

More restrictive city ordinance not preempted. — The Albuquerque Sex Offender Registration and Notification Act ordinance did not conflict with state law even though the ordinance was more restrictive than state law because the ordinance required a broader class of sex offenders to register than did state law, sex offenders who are required to register under state law are not required to register under the ordinance, and the ordinance required sex offenders to provide more detailed information than did state law. ACLU v. City of Albuquerque, 2006-NMCA-078, 139 N.M. 761, 137 P.3d 1215.