reglab/housing_qa huggingface dataset:
NM Stat § 29-9-12 to 29-9-16 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 9 - Organized Crime|Section 29-9-12 to 29-9-16 - Repealed.

ANNOTATIONSRepeals. — Laws 2003, ch. 223, § 3 repealed 29-9-12 to 29-9-16 NMSA 1978, as enacted by Laws 1975, Ch. 230, §§ 1 through 5, relating to a legislative oversight committee on organized crime. For provisions of former sections, see the 2002 NMSA 1978 on NMOneSource.com.
NM Stat § 29-9-18 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 9 - Organized Crime|Section 29-9-18 - Repealed.

ANNOTATIONSRepeals. — Laws 2003, ch. 223, § 3 repealed 29-9-18 NMSA 1978, as enacted by Laws 1981, Ch. 234, § 1, relating to a task force studying the governor's organized crime prevention commission. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.
NM Stat § 29-10-1 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 10 - Arrest Record Information|Section 29-10-1 - Short title.

Chapter 29, Article 10 NMSA 1978 may be cited as the "Arrest Record Information Act". History: 1953 Comp., § 39-10-1, enacted by Laws 1975, ch. 260, § 1; 1993, ch. 260, § 2. ANNOTATIONSCross references. — For right to inspect public records, see 14-2-1 NMSA 1978. For children's code, confidentiality of social and legal records, see 32A-2-32 NMSA 1978. The 1993 amendment, effective June 18, 1993, substituted "Chapter 29, Article 10 NMSA 1978" for "This act". Article does not authorize expungement. — The Arrest Records Information Act [Chapter 29, Article 10 NMSA 1978] does not grant the courts authority to expunge or seal criminal records. Toth v. Albuquerque Police Dep't, 1997-NMCA-079, 123 N.M. 637, 944 P.2d 285. Arrest Record Information Act may be viewed as establishing statutory exceptions to the fundamental right to inspect. It does so, however, in a rather conflicting manner, and it appears that virtually all arrest record information is subject to at least a limited or conditional disclosure. 1978 Op. Att'y Gen. No. 78-09. Identity of individuals arrested or charged with crime not protected. — Neither the Arrest Record Information Act [Chapter 29, Article 10 NMSA 1978] nor the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] authorizes a law enforcement agency to protect the identity of persons who have been arrested or charged with a crime. 1994 Op. Att'y Gen. No. 94-02. Release of timely, accurate information. — The Arrest Record Information Act does not prohibit release of timely, accurate information when a juvenile is arrested for a criminal act. 1987 Op. Att'y Gen. No. 87-29.
NM Stat § 29-10-2 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 10 - Arrest Record Information|Section 29-10-2 - Purpose of act.

The legislature finds and declares that the responsible exchange of complete and accurate information among law enforcement agencies is recognized as necessary and indispensable to effective law enforcement. Individual rights, however, may be infringed if information is inaccurate, incomplete or is disseminated irresponsibly. The Arrest Record Information Act is for the purpose of protecting those rights. History: 1953 Comp., § 39-10-2, enacted by Laws 1975, ch. 260, § 2. ANNOTATIONSViolation not limited. — The Arrest Record Information Act does not limit the violation of the act to any particular class of persons. 1975 Op. Att'y Gen. No. 75-37 (opinion superseded by 1978 Op. Att'y Gen. No. 78-09). Release of juvenile's arrest information. — A law enforcement agency is not prohibited by the Children's Code (Chapter 32A NMSA 1978), this act, or any other law from releasing to the public the names of juveniles who have been arrested for criminal acts and the charges for which they were arrested. 1987 Op. Att'y Gen. No. 87-29.
NM Stat § 29-10-3 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 10 - Arrest Record Information|Section 29-10-3 - Definition.

As used in the Arrest Record Information Act, "arrest record information" means notations of the arrest or detention or indictment or filing of information or other formal criminal charge against an individual made by a law enforcement agency. History: 1953 Comp., § 39-10-3, enacted by Laws 1975, ch. 260, § 3; 1977, ch. 339, § 1; 1993, ch. 260, § 3. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, made a minor stylistic change in the section heading, deleted the Subsection A designation which formerly preceded "arrest record information", deleted "which resulted in a negative disposition; and" which formerly followed "law enforcement agency", and deleted former Subsection B which defined "negative disposition". Section includes both felony and misdemeanor arrest records. 1975 Op. Att'y Gen. No. 75-37 (opinion superseded by 1978 Op. Att'y Gen. No. 78-09). Definition of "arrest record information" does not include investigative reports. 1978 Op. Att'y Gen. No. 78-09.
NM Stat § 29-10-4 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 10 - Arrest Record Information|Section 29-10-4 - Confidentiality of arrest records.

Arrest record information that reveals confidential sources, methods, information or individuals accused but not charged with a crime and that is maintained by the state or any of its political subdivisions pertaining to any person charged with the commission of any crime is confidential and dissemination or revealing the contents of the record, except as provided in the Arrest Record Information Act or any other law, is unlawful. History: 1953 Comp., § 39-10-4, enacted by Laws 1975, ch. 260, § 4; 1993, ch. 260, § 4. ANNOTATIONSCross references. — For use of police reports for commercial solicitation, see 14-2A-1 NMSA 1978. For crimes defined and classified, see 30-1-4 to 30-1-6 NMSA 1978. The 1993 amendment, effective June 18, 1993, inserted "that reveals confidential sources, methods, information or individuals accused but not charged with a crime and that is", inserted "or any other law", and made minor stylistic changes throughout the section. Penalty provision repealed. — While this section still provides that violations of the Arrest Record Information Act are "unlawful," there are no longer any criminal sanctions for releasing arrest record information in violation of the provisions of the act, since 39-10-7, 1953 Comp., the penalty provision, was repealed by Laws 1977, ch. 339, § 6. 1978 Op. Att'y Gen. No. 78-09. Limited protection of accused. — This section protects the confidentiality of information concerning the identity of a person who has been accused but not charged with a crime only if that information has been collected in connection with an investigation of, or otherwise relates to, another person who has been charged with committing a crime. However, information in other records which identifies a person accused but not charged with or arrested for a crime may be protected from public disclosure under Section 14-2-1 NMSA 1978 et seq. Finally, even if it would otherwise be protected under either statute, information about a person accused but not charged with a crime is open to public inspection if it is contained in a document listed in Section 29-10-7 NMSA 1978. 1994 Op. Att'y Gen. No. 94-02. Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Records and Recording Laws § 27. 6A C.J.S. Arrest § 62.
NM Stat § 29-10-5 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 10 - Arrest Record Information|Section 29-10-5 - Exchange of information.

A law enforcement agency may disseminate arrest record information to a federal, state or local government law enforcement agency, provided that when the arrest record information is disseminated to a law enforcement agency situated outside this state, the information shall be accompanied by a statement substantially embodying the intent set forth in Section 29-10-4 NMSA 1978. Nothing in the Arrest Record Information Act prohibits direct access by the attorney general, the district attorney, the crime victims reparation commission or the courts to such information where it is deemed necessary in the performance of their functions under law. Nothing in that act prohibits direct access by a law enforcement agency to automated wanted information pertaining to a person or to stolen property information. History: 1953 Comp., § 39-10-5, enacted by Laws 1975, ch. 260, § 5; 1977, ch. 339, § 2; 1987, ch. 140, § 1.
NM Stat § 29-10-6 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 10 - Arrest Record Information|Section 29-10-6 - Access by individuals.

A. Upon satisfactory verification of his identity, any individual may inspect, in person, through counsel or through his authorized agent, arrest record information maintained by a law enforcement agency concerning him. B. Personnel assigned to contractual research for a state or federally approved criminal justice project shall be permitted access to arrest record information. Approval personnel shall not further disseminate such information except as statistical or analytical records or reports in which individuals are not identified and from which their identities are not ascertainable. History: 1953 Comp., § 39-10-6, enacted by Laws 1975, ch. 260, § 6; 1977, ch. 339, § 3.
NM Stat § 29-10-8 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 10 - Arrest Record Information|Section 29-10-8 - Review of arrest record information; appeal.

A person who believes that arrest record information concerning him is inaccurate or incomplete is, upon satisfactory verification of his identity, entitled to review the information and obtain a copy of it for the purpose of challenge or correction. In the event a law enforcement agency refuses to correct challenged information to the satisfaction of the person to whom the inaccurate or incorrect information relates, the person is entitled to appeal to the district court to correct the information pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 39-10-9, enacted by Laws 1977, ch. 339, § 5; 1998, ch. 55, § 41; 1999, ch. 265, § 43. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in the last sentence. The 1998 amendment, effective September 1, 1998, inserted "; appeal" in the section heading; substituted "is" for "shall"; deleted "be" preceding "entitled"; substituted "the" for "such" twice; substituted "is" for "shall be"; substituted "appeal to" for "petition"; and inserted "pursuant to the provisions of Section 12-8A-1 NMSA 1978" at the end of the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — Expunction of federal arrest records in absence of conviction, 97 A.L.R. Fed. 652. Effect of expungement of conviction on § 241(a)(4), (11) of Immigration and Nationality Act of 1952 (8 USCS § 1251(a)(4), (11)), making aliens deportable for crimes involving moral turpitude or drugs, 98 A.L.R. Fed. 750.
NM Stat § 29-11-1 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11 - Sexual Crimes Prosecution and Treatment|Section 29-11-1 - Short title.

This act [29-11-1 to 29-11-7 NMSA 1978] may be cited as the "Sexual Crimes Prosecution and Treatment Act". History: Laws 1978, ch. 27, § 1. ANNOTATIONSLaw reviews. — For article, "Of Psychopaths and Pendulums: Legal and Psychiatric Treatment of Sex Offenders in the United States," see 30 N.M.L. Rev. 69 (2000).
NM Stat § 29-11-2 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11 - Sexual Crimes Prosecution and Treatment|Section 29-11-2 - Purpose.

The purpose of the Sexual Crimes Prosecution and Treatment Act is to promote effective law enforcement and prosecution of sexual crimes and to provide medical and psychological assistance for victims of such crimes. Implementation of the Sexual Crimes Prosecution and Treatment Act will serve to assist existing community-based victim treatment programs, to provide interagency cooperation, training of law enforcement, criminal justice and medical personnel and to effect proper handling and testing of evidence in sexual crime offenses. History: 1978 Comp., § 29-11-2, enacted by Laws 1978, ch. 27, § 2.
NM Stat § 29-11-3 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11 - Sexual Crimes Prosecution and Treatment|Section 29-11-3 - Definitions.

As used in the Sexual Crimes Prosecution and Treatment Act: A. "administrator" means the director of the mental health division of the department of health, or such person or office as the administrator may designate to act in his stead; B. "evidence" means that evidence relating to the commission of a sexual crime; C. "medical and psychological treatment" includes that medical, mental or emotional treatment provided a victim of a sexual crime. In addition to the improved physical and emotional condition of a victim, the treatment should result in the improved ability of a victim to make informed and rational choices about serving as a witness in the prosecution of a suspect of a sexual crime; and D. "sexual crime" includes any act which may be alleged to be a sexual offense or an attempted sexual offense under the provisions of Sections 30-9-10 through 30-9-16 and 30-10-3 NMSA 1978. History: 1978 Comp., § 29-11-3, enacted by Laws 1978, ch. 27, § 3; 1995, ch. 91, § 1. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, substituted "mental health division of the department of health" for "behavioral health services division of the health and environment department" in Subsection A; substituted "Sections 30-9-10 through 30-9-16 and 30-10-3 NMSA 1978" for "Sections 40A-9-20 through 40A-9-26 and 40A-10-3 NMSA 1953" in Subsection D; and made a minor stylistic change.
NM Stat § 29-11-4 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11 - Sexual Crimes Prosecution and Treatment|Section 29-11-4 - Fund created; administration.

A. There is created in the state treasury the "sexual crimes prosecution and treatment fund". Money appropriated to the fund shall be used to carry out the purposes of the Sexual Crimes Prosecution and Treatment Act. B. The fund shall be administered by the administrator. History: 1978 Comp., § 29-11-4, enacted by Laws 1978, ch. 27, § 4.
NM Stat § 29-11-5 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11 - Sexual Crimes Prosecution and Treatment|Section 29-11-5 - Sexual crimes prosecution and treatment program.

A. The administrator shall develop, with the cooperation of the criminal justice department [corrections department], the New Mexico state police, the New Mexico law enforcement academy, other authorized law enforcement agencies and existing community-based victim treatment programs, a statewide comprehensive plan to train law enforcement officers and criminal justice and medical personnel in the ability to deal with sexual crimes; to develop strategies for prevention of such crimes; to provide assistance in the assembly of evidence for the facilitation of prosecution of such crimes; and to provide medical and psychological treatment to victims of such crimes. This plan shall include, but not be limited to: (1) education and training of law enforcement officers and criminal justice and medical personnel; (2) collection, processing and analysis of evidence which facilitates prosecution of suspects of sexual crimes; and (3) medical and psychological treatment of victims of such crimes. B. The comprehensive plan shall be implemented throughout the state, and the administrator may contract with appropriate persons, entities, agencies or community-based programs to provide the services to be rendered pursuant to Subsection A of this section and may pay a reasonable fee for such services. C. Nothing in this section shall be construed to require criminal prosecution of a suspect of a sexual crime by the victim to whom services are rendered pursuant to the provisions of the Sexual Crimes Prosecution and Treatment Act. D. Training for law enforcement officers in the proper treatment of victims of sexual crimes and collection of evidence and coordination among agencies shall be incorporated in the regular training program for recruits by the New Mexico state police; the basic course taught by the New Mexico law enforcement academy or by other authorized law enforcement agencies. Already-commissioned officers and sex-crime investigators shall receive advanced training through in-service programs. History: 1978 Comp., § 29-11-5, enacted by Laws 1978, ch. 27, § 5; 1979, ch. 202, § 50. ANNOTATIONSCompiler's notes. — The bracketed phrase "corrections department" was inserted in Subsection A by the compiler, as Laws 1980, ch. 150 renames the criminal justice department as the corrections and criminal rehabilitation department. Laws 1981, chs. 73 and 127 rename the corrections and criminal rehabilitation department as the corrections department. The bracketed material was not enacted by the legislature and is not part of the law.
NM Stat § 29-11-6 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11 - Sexual Crimes Prosecution and Treatment|Section 29-11-6 - Report.

By December 15 of each year, a report shall be filed with the governor and the legislative council by the administrator concerning all aspects of the sexual crimes prosecution and treatment program and specifically the administrator's conclusions and recommendations regarding the effectiveness of the sexual crimes prosecution and treatment program implemented throughout the state. History: 1978 Comp., § 29 11 6, enacted by Laws 1978, ch. 27, § 6.
NM Stat § 29-11-7 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11 - Sexual Crimes Prosecution and Treatment|Section 29-11-7 - Free forensic medical exams for victims of sexual crimes.

The administrator shall: A. provide free forensic medical exams to victims of sexual crimes; B. arrange for victims of sexual crimes to obtain free forensic medical exams; or C. reimburse victims of sexual crimes for the cost of forensic medical exams, provided that: (1) the reimbursement covers the full cost of the forensic medical exam, without any deductible requirement or limit on the amount of the reimbursement; (2) the victim of a sexual crime is entitled to apply for reimbursement for a period of one year from the date of the forensic medical exam; (3) reimbursement is provided not later than ninety days after the administrator receives written notification of the expense incurred by the victim for the forensic medical exam; and (4) all victims of sexual crimes, including victims with limited or no English proficiency, are provided with information at the time of the forensic medical exam regarding how to obtain reimbursement for the cost of the exam. History: Laws 1995, ch. 91, § 2.
NM Stat § 29-11A-1 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11A - Sex Offender Registration and Notification|Section 29-11A-1 - Short title.

Chapter 29, Article 11A NMSA 1978 may be cited as the "Sex Offender Registration and Notification Act". History: Laws 1995, ch. 106, § 1; 1999, ch. 19, § 1. ANNOTATIONSCross references. — For the DNA Identification Act, see Chapter 29, Article 16 NMSA 1978. The 1999 amendment, effective July 1, 1999, substituted "Chapter 29, Article 11A NMSA 1978" for "This act" and inserted "and Notification". 1999 amendments did not expressly apply retroactively to convictions occurring before its effective date. State v. Druktenis, 2004-NMCA-032, 135 N.M. 223, 86 P.3d 1050. Law reviews. — For note and comment, "ACLU of New Mexico v. City of Albuquerque: Does Current Equal Protection Adequately Protect Some of the Most Hated Members of Our Society." See 37 N.M.L. Rev. 637 (2007).
NM Stat § 29-11A-4.1 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11A - Sex Offender Registration and Notification|Section 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 shall: (1) notify the county sheriff of the county he resides in that he 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. History: Laws 2000, ch. 8, § 6; 2005, ch. 279, § 3. ANNOTATIONSThe 2005 amendment, effective July 1, 2005, deleted the former provision in Subsection C that the crime is a misdemeanor punishable by imprisonment for a definite term of not less that one year or a fine of not more that $1,000, or both; and provided in Subsection C that the crime is a fourth degree felony punishable as provided in Section 31-18-15 NMSA 1978. Applicability. — 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.
NM Stat § 29-11A-6 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11A - Sex Offender Registration and Notification|Section 29-11A-6 - Repealed.

ANNOTATIONSRepeals. — Laws 1999, ch. 19, § 9 repealed 29-11A-6 NMSA 1978, as enacted by Laws 1995, ch. 106, § 6, relating to restrictions on the dissemination of information regarding sex offenders. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 29-11A-5.1 NMSA 1978.
NM Stat § 29-11A-8 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11A - Sex Offender Registration and Notification|Section 29-11A-8 - Immunity.

Nothing in the Sex Offender Registration and Notification Act creates a cause of action on behalf of a person against a public employer, public employee or public agency responsible for enforcement of the provisions of that act, so long as the public employer, public employee or public agency complies with the provisions of that act. History: Laws 1995, ch. 106, § 8; 1999, ch. 19, § 7. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, inserted "and Notification". Severability. — Laws 1995, ch. 106, § 9 provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 29-11A-10 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 11A - Sex Offender Registration and Notification|Section 29-11A-10 - Severability.

If any part or application of the Sex Offender Registration and Notification Act is held invalid, the remainder of that act and its application to other situations or persons shall not be affected. History: Laws 2005, ch. 279, § 8. ANNOTATIONSEffective dates. — Laws 2005, ch. 279, § 15 made the act effective July 1, 2005. Applicability. — 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.