El Paso City Council Tuesday voted to amend the ordinance regarding exemptions issued to sex offenders.
Currently, judges provide some sex offenders with an exemption to an ordinance which regulates where they can live. Now, El Paso Police will be responsible for issuing the exemptions. Full Article
All civil ex felon registration laws impose servitude in violation of the 13th Amendment, and the federal criminal code. Why aren’t THESE laws being enforced?
Another clear violation of due process and separation of powers. The judiciary has to do this as it affects the rights of that person even if it doesnt count as a protected right. You cant have the enforcers of law also deciding who is affected by those laws.
In addition, the argument that the police cant locate the registrant because the judge decided if they were allowed to be exempt from residence restrictions is a complete lie. The exemption doesnt exempt them from registering their address. This reporter is an idiot for not asking about that.
My reaction to the Keystone Kop that claimed they didn’t know where the registrants who got court-ordered exemptions were was, “You mean other than when they registered the exempted address?”
I’m betting in the short run, every request will be denied based on “concerns of the current residents in the area,” whether those residents were contacted or not (given the man-hours involved, it wouldn’t surprise me if LE didn’t bother to speak with them, as claimed in the article). On the other hand, it’s also possible they’ll just approve every request. LE knows residency restrictions are pointless and some have been known to speak against them, at least when new ones are enacted.
I also don’t see how this policy won’t end up in the court system at some point or another, anyway. Betting the average registrant’s poverty and the time taken to address complaints are the only things that’ll keep it out of the courts initially.
It is just as unconstitional as the earlier article on here:
NC: Process for adding out of state convictions to state registry is unconstitutional
Sorry, my phone wont let me link it but it is on the main page here still. Very similar issue.
Correct me if I am wrong but I think Police can’t give permission to break the law. Judge can.
Unless it’s themselves they’re giving permission to break the law, then they’ll do it all day long, even misenforcing the law without issues.
Actually, this is in Texas, not New Mexico, so it doesn’t surprise me they went rogue like this. Hopefully, this gets challenged in Fed Court in TX and the old west style of justice being placed here.