reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 16 - DNA Identification › Section 29-16-8.1 - DNA searches.

A. Searches of samples collected pursuant to the DNA Identification Act, for purposes of the missing persons DNA identification system, shall be limited to searches against DNA indexes consisting of:
(1) unidentified persons;
(2) unidentified human remains;
(3) relatives of, or known reference samples from, missing persons;
(4) covered offenders as defined by the DNA Identification Act and maintained by the DNA identification system; and
(5) persons arrested for the commission of a felony as provided in Section 1 of this 2006 act [29-3-10 NMSA 1978].
B. Searches of samples collected from unidentified persons or relatives of missing persons pursuant to the DNA Identification Act shall not be performed against DNA indexes consisting of evidentiary samples resulting from criminal investigations.
History:
Laws 2003, ch. 256, § 3; 2006, ch. 104, § 6.
ANNOTATIONS
The 2006 amendment,
effective January 1, 2007, added Paragraph (5) of Subsection A to add persons arrested for a felony.
Severability.
— Laws 2006, ch. 104, § 11, effective January 1, 2007, provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
Constitutionality.
— New Mexico's DNA Identification Act, which requires all persons arrested for certain crimes to provide a DNA sample, is not unconstitutional on its face, because weighing the law enforcement need to identify all persons it has arrested for committing a felony, and the sample's subsequent use in a database, against the minimally invasive means for securing the DNA sample from a defendant's cheek weighs in favor of concluding that the search is reasonable under the fourth amendment to the U.S. Constitution and of the N.M. Const., art. II, § 10.
State v. Blea
, 2018-NMCA-052, cert. denied.
Where defendant was convicted of multiple counts of first degree criminal sexual penetration and first degree kidnapping involving four separate victims, and where defendant claimed that New Mexico's DNA Identification Act, which requires all persons arrested for certain crimes to provide a DNA sample, is unconstitutional on its face, defendant's claim was denied, because weighing the law enforcement need to identify all persons it has arrested for committing a felony, and the sample's subsequent use under the combined DNA index system database, against the minimally invasive means for securing the DNA sample from a defendant's cheek weighs in favor of concluding that the search is reasonable under the fourth amendment to the U.S. Constitution and of the N.M. Const., art. II, § 10.
State v. Blea
, 2018-NMCA-052, cert. denied.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 16 - DNA Identification › Section 29-16-9 - Enforcement.

A. The attorney general or a district attorney may petition a district court for an order requiring a covered offender or a person required to provide a DNA sample pursuant to the provisions of Section 1 of this 2006 act [29-3-10 NMSA 1978] to:
(1) provide a sample; or
(2) provide a sample by alternative means if the covered offender or person will not cooperate.
B. Nothing in this section shall prevent the collection of samples by order of a court of competent jurisdiction or the collection of samples of covered offenders.
History:
Laws 1997, ch. 105, § 9; 2006, ch. 104, § 7.
ANNOTATIONS
The 2006 amendment,
effective January 1, 2007, in Subsection A, added a person required to provide a DNA sample pursuant to Section 1 of the 2006 act [29-3-10 NMSA 1978]; and added Subsection B to provide that nothing in this section prevents collection of samples by order or a court or the collection of samples of covered offenders.
Severability.
— Laws 2006, ch. 104, § 11, effective January 1, 2007, provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 16 - DNA Identification › Section 29-16-10 - Expungement of samples and DNA records from the DNA identification system and CODIS.

A. A person may request expungement of the person's sample and DNA records from the DNA identification system on the following grounds:
(1) the conviction that led to the inclusion of the sample has been reversed; or
(2) the arrest that led to the inclusion of the sample has:
(a) resulted in a felony charge that has been resolved by a dismissal, nolle prosequi, successful completion of a pre-prosecution diversion program or a conditional discharge, misdemeanor conviction or acquittal; or
(b) not resulted in a felony charge within one year of arrest.
B. The administrative center shall expunge a person's sample and DNA records from the DNA identification system when the person provides the administrative center with the following materials:
(1) a written request for expungement of the sample and DNA records; and
(2) a certified copy of a court order that reverses the conviction that led to the inclusion of the sample; or
(3) for samples included pursuant to arrest:
(a) a certified copy of the dismissal, nolle prosequi, successful completion of a pre-prosecution diversion program or a conditional discharge, misdemeanor conviction or acquittal; or
(b) a sworn affidavit that no felony charges arising out of the arrest have been filed within one year.
C. When a person's sample and DNA records are expunged from the DNA identification system, the head of the administrative center shall ensure that the person's sample and DNA records are expunged from CODIS.
D. The administrative center shall not expunge a person's sample and DNA records from the DNA identification system if the person has a prior felony conviction or a pending felony charge for which collection of a sample is authorized pursuant to the provisions of the DNA Identification Act.
History:
Laws 1997, ch. 105, § 10; 2006, ch. 104, § 8.
ANNOTATIONS
The 2006 amendment,
effective January 1, 2007, in Paragraph (1) of Subsection A, deleted DNA records in the DNA identification system; added Paragraph (2) of Subsection A and Paragraph (3) of Subsection B to provide for expungement based on certain resolutions of an arrest; and added Subsection D to prohibit expungement in certain cases.
Severability.
— Laws 2006, ch. 104, § 11, effective January 1, 2007, provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 16 - DNA Identification › Section 29-16-10.1 - Expungement of samples and DNA records.

A. A person may request expungement of his sample and DNA records from the missing persons DNA identification system.
B. The administrative center shall expunge a person's sample and DNA records from the missing persons DNA identification system when the person provides the administrative center with the following materials:
(1) a written request for expungement of his sample and DNA records; and
(2) if applicable, a certified copy of a court order that overturns the original search warrant or court order that led to the inclusion of his sample and DNA records in the missing persons DNA identification system.
C. When a person's sample and DNA records are expunged from the missing persons DNA identification system, the head of the administrative center shall ensure that the person's sample and DNA records are expunged from CODIS.
History:
Laws 2003, ch. 256, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 256, § 12 made Laws 2003, ch. 256, § 1 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 16 - DNA Identification › Section 29-16-11 - Assessment; collection; DNA fee.

A. Each time that a covered offender is convicted, the court shall assess a DNA fee of one hundred dollars ($100) in addition to any other fee, restitution or fine. The corrections department shall collect the DNA fee from the covered offender for deposit in the fund.
B. When a covered offender is transferred to New Mexico from another state pursuant to an interstate compact, the corrections department shall assess and collect from the covered offender a DNA fee of one hundred dollars ($100) for deposit in the fund.
History:
Laws 1997, ch. 105, § 11; 2013, ch. 208, § 4.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, provided for the collection of the DNA fee by the corrections department; in the title, after "assessment", deleted "of" and added "collection; DNA fee"; deleted the former introductory sentence "On and after the effective date of the DNA Identification Act"; in Subsection A, in the first sentence, deleted "When" and added "Each time that" and after "shall assess a", added "DNA", and deleted the former second sentence, which provided that "The fee shall be deposited in the fund" and added the second sentence; and added Subsection B.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 16 - DNA Identification › Section 29-16-12 - Penalty.

A. Any person who by virtue of his employment or official position possesses or has access to samples or DNA records and who willfully discloses any of them to any person or in any manner not authorized by the DNA Identification Act is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
B. Any person who uses or attempts to use samples or DNA records for a purpose not authorized by the DNA Identification Act is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. Any person who obtains or attempts to obtain samples or DNA records for a purpose not authorized by the DNA Identification Act is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1997, ch. 105, § 12.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 16 - DNA Identification › Section 29-16-13 - DNA identification system fund created; purposes.

A. The "DNA identification system fund" is created in the state treasury. The fund shall consist of all money received by appropriation, gift or grant, all DNA fees collected pursuant to Section 29-16-11 NMSA 1978 and all investment income from the fund.
B. Money and investment income in the fund at the end of any fiscal year shall not revert to the general fund but shall remain in the fund. Money and investment income in the fund is appropriated to the administrative center for expenditure in fiscal year 1998 and subsequent fiscal years for the purposes provided in this section.
C. The fund shall be used to implement the purposes of the DNA Identification Act, including paying the expenses incurred by the administrative center and all other reasonable expenses. Money in the fund may be used for loans or grants of money, equipment or personnel to any law enforcement agency, correctional facility, jail, detention facility, judicial agency, the public defender department or the office of the medical investigator, upon approval of the DNA oversight committee.
History:
Laws 1997, ch. 105, § 13; 2006, ch. 104, § 9; 2013, ch. 208, § 5.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, made grammatical changes; in the title, after "DNA", added "identification system" and after "purposes", deleted "procedure; accounting"; in Subsection A, after "gift or grant, all" deleted "money" and added "DNA fees"; in Subsection B, after "for the purposes", deleted "of the fund" and added "provided in this section"; and in Subsection C, in the first sentence, after "shall be used", deleted "for" and added "to implement", in the second sentence, deleted "The administrative center may use", and in the second sentence, after "Money in the fund", added "may be used" and after "medical investigator, upon", deleted "recommendation" and added "approval".
The 2006 amendment,
effective January 1, 2007, changed "Section 11 of the DNA Identification Act" to "Section 29-16-11 NMSA 1978" in Subsection B; and added "jail, detention facility" in Subsection E.
Severability.
— Laws 2006, ch. 104, § 11, effective January 1, 2007, provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 17 - Criminal Records Screening for Caregivers › Section 29-17-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 68, § 6, repealed 29-17-1 NMSA 1978, as enacted by Laws 1997, ch. 202, § 1, relating to criminal records screening for caregivers, effective May 20, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 17 - Criminal Records Screening for Caregivers › Section 29-17-2 - Title.

Sections 1 though 5 [29-17-2 to 29-17-5 NMSA 1978] of this act may be cited as the "Caregivers Criminal History Screening Act".
History:
Laws 1998, ch. 68, § 1.
ANNOTATIONS
Law reviews.
— For note and comment, "Spence v. Health Force, Inc.: One Step Forward, Two Steps Back For New Mexico Tort Jurisprudence?", see 36 N.M.L. Rev. 687 (2006).
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 17 - Criminal Records Screening for Caregivers › Section 29-17-3 - Purpose.

The purpose of the Caregivers Criminal History Screening Act and its requirement that caregivers undergo a nationwide criminal history screening is to ensure to the highest degree possible the prevention of abuse, neglect or financial exploitation of care recipients.
History:
Laws 1998, ch. 68, § 2.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 18 - Concealed Handgun Carry (Repealed.) › Section 29-18-1 to 29-18-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 255, § 14 repealed 29-18-1 to 29-18-12 NMSA 1978, as enacted by Laws 2001, ch. 219, the former Concealed Handgun Carry Act, effective July 1, 2003. For provisions of former sections,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For similar present provisions,
see
29-19-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-1 - Short title.

Chapter 29, Article 19 NMSA 1978 may be cited as the "Concealed Handgun Carry Act".
History:
Laws 2003, ch. 255, § 1; 2005, ch. 242, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, added the statutory reference to the act.
Constitutionality of act.
— The Concealed Handgun Carry Act does not violate N.M. Const., art. II, § 6.
State ex rel. N.M. Voices for Children, Inc. v. Denko
, 2004-NMSC-011, 135 N.M. 439, 90 P.3d 458.
Exception to general prohibition.
— Under Section 30-7-2 NMSA 1978, the Concealed Handgun Carry Act does no more than add another exception to the general prohibition against carrying concealed weapons: carrying with a concealed handgun license.
State ex rel. N.M. Voices for Children, Inc. v. Denko
, 2004-NMSC-011, 135 N.M. 439, 90 P.3d 458.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-2 - Definitions.

As used in the Concealed Handgun Carry Act:
A. "applicant" means a person seeking a license to carry a concealed handgun;
B. "caliber" means the diameter of the bore of a handgun;
C. "category" means whether a handgun is semiautomatic or not semiautomatic;
D. "concealed handgun" means a loaded handgun that is not visible to the ordinary observations of a reasonable person;
E. "department" means the department of public safety;
F. "handgun" means a firearm that will, is designed to or may readily be converted to expel a projectile by the action of an explosion and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed twelve inches; and
G. "licensee" means a person holding a valid concealed handgun license issued to him by the department.
History:
Laws 2003, ch. 255, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 255, § 16 made Laws 2003, ch. 255, § 2 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-3 - Date of licensure; period of licensure.

Effective January 1, 2004, the department is authorized to issue concealed handgun licenses to qualified applicants. Original and renewed concealed handgun licenses shall be valid for a period of four years from the date of issuance, unless the license is suspended or revoked.
History:
Laws 2003, ch. 255, § 3; 2005, ch. 242, § 2.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, increased the period of licensure for original and renewal license from two to four years.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-5 - Application form; screening of applicants; fee; limitations on liability.

A. Effective July 1, 2003, applications for concealed handgun licenses shall be made readily available at locations designated by the department. Applications for concealed handgun licenses shall be completed, under penalty of perjury, on a form designed and provided by the department and shall include:
(1) the applicant's name, current address, date of birth, place of birth, social security number, height, weight, gender, hair color, eye color and driver's license number or other state-issued identification number;
(2) a statement that the applicant is aware of, understands and is in compliance with the requirements for licensure set forth in the Concealed Handgun Carry Act;
(3) a statement that the applicant has been furnished a copy of the Concealed Handgun Carry Act and is knowledgeable of its provisions; and
(4) a conspicuous warning that the application form is executed under penalty of perjury and that a materially false answer or the submission of a materially false document to the department may result in denial or revocation of a concealed handgun license and may subject the applicant to criminal prosecution for perjury as provided in Section 30-25-1 NMSA 1978.
B. The applicant shall submit to the department:
(1) a completed application form;
(2) a nonrefundable application fee in an amount not to exceed one hundred dollars ($100);
(3) two full sets of fingerprints;
(4) a certified copy of a certificate of completion for a firearms training course approved by the department;
(5) two color photographs of the applicant;
(6) a certified copy of a birth certificate or proof of United States citizenship, if the applicant was not born in the United States; and
(7) proof of residency in New Mexico.
C. A law enforcement agency may fingerprint an applicant and may charge a reasonable fee.
D. Upon receipt of the items listed in Subsection B of this section, the department shall make a reasonable effort to determine if an applicant is qualified to receive a concealed handgun license. The department shall conduct an appropriate check of available records and shall forward the applicant's fingerprints to the federal bureau of investigation for a national criminal background check. The department shall comply with the license-issuing requirements set forth in Section 29-19-7 NMSA 1978. However, the department shall suspend or revoke a license if the department receives information that would disqualify an applicant from receiving a concealed handgun license after the thirty-day time period has elapsed.
E. A state or local government agency shall comply with a request from the department pursuant to the Concealed Handgun Carry Act within thirty days of the request.
History:
Laws 2003, ch. 255, § 5; 2005, ch. 242, § 4.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, added Subsection E to provide that every state or local governmental agency shall comply with a request from the department pursuant to the Concealed Handgun Carry Act within thirty days.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-7 - Demonstration of ability and knowledge; course requirement; proprietary interest; exemptions.

A. The department shall prepare and publish minimum standards for approved firearms training courses that teach competency with handguns. A firearms training course shall include classroom instruction and range instruction and an actual demonstration by the applicant of his ability to safely use a handgun. An applicant shall not be licensed unless he demonstrates, at a minimum, his ability to use a handgun of .32 caliber. An approved firearms training course shall be a course that is certified or sponsored by a federal or state law enforcement agency, a college, a firearms training school or a nationally recognized organization, approved by the department, that customarily offers firearms training. The firearms training course shall be not less than fifteen hours in length and shall provide instruction regarding:
(1) knowledge of and safe handling of single- and double-action revolvers and semiautomatic handguns;
(2) safe storage of handguns and child safety;
(3) safe handgun shooting fundamentals;
(4) live shooting of a handgun on a firing range;
(5) identification of ways to develop and maintain handgun shooting skills;
(6) federal, state and local criminal and civil laws pertaining to the purchase, ownership, transportation, use and possession of handguns;
(7) techniques for avoiding a criminal attack and how to control a violent confrontation; and
(8) techniques for nonviolent dispute resolution.
B. Every instructor of an approved firearms training course shall annually file a copy of the course description and proof of certification with the department.
History:
Laws 2003, ch. 255, § 7.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 255, § 16 made Laws 2003, ch. 255, § 7 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-8 - Limitation on license.

A. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun into or on premises where to do so would be in violation of state or federal law.
B. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun on school premises, as provided in Section 30-7-2.1 NMSA 1978.
C. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun on the premises of a preschool.
History:
Laws 2003, ch. 255, § 8.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 255, § 16 made Laws 2003, ch. 255, § 8 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-9 - Possession of license.

A licensee shall have his concealed handgun license in his possession at all times while carrying a concealed handgun.
History:
Laws 2003, ch. 255, § 9.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 255, § 16 made Laws 2003, ch. 255, § 9 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-10 - Validity of license on tribal land.

A concealed handgun license shall not be valid on tribal land, unless authorized by the governing body of an Indian nation, tribe or pueblo.
History:
Laws 2003, ch. 255, § 10.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 255, § 16 made Laws 2003, ch. 255, § 10 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-11 - Validity of license in a courthouse or court facility.

A concealed handgun license shall not be valid in a courthouse or court facility, unless authorized by the presiding judicial officer for that courthouse or court facility.
History:
Laws 2003, ch. 255, § 11.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 255, § 16 made Laws 2003, ch. 255, § 11 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-12 - Rules; department to administer; reciprocal agreements with other states.

The department shall promulgate rules necessary to implement the provisions of the Concealed Handgun Carry Act. The rules shall include:
A. grounds for the suspension and revocation of concealed handgun licenses issued pursuant to the provisions of the Concealed Handgun Carry Act;
B. provision of authority for a law enforcement officer to confiscate a concealed handgun license when a licensee violates the provisions of the Concealed Handgun Carry Act;
C. provision of authority for a private property owner to disallow the carrying of a concealed handgun on the owner's property;
D. creation of a sequential numbering system for all concealed handgun licenses issued by the department and display of numbers on issued concealed handgun licenses; and
E. provision of discretionary state authority for the transfer, recognition or reciprocity of a concealed handgun license issued by another state if the issuing authority for the other state:
(1) includes provisions at least as stringent as or substantially similar to the Concealed Handgun Carry Act;
(2) issues a license or permit with an expiration date printed on the license or permit;
(3) is available to verify the license or permit status for law enforcement purposes within three business days of a request for verification;
(4) has disqualification, suspension and revocation requirements for a concealed handgun license or permit; and
(5) requires that an applicant for a concealed handgun license or permit:
(a) submit to a national criminal history record check;
(b) not be prohibited from possessing firearms pursuant to federal or state law; and
(c) satisfactorily complete a firearms safety program that covers deadly force issues, weapons care and maintenance, safe handling and storage of firearms and marksmanship.
History:
Laws 2003, ch. 255, § 12; 2005, ch. 242, § 6.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided in Subsection E that the rules shall include provision of discretionary authority for the recognition or reciprocity of a license issued by another state; and added Subsections E(1) through (5)(c) to provide the criteria for reciprocity with the license issued by an authority of another state.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-13 - Fund created.

A. The "concealed handgun carry fund" is created in the state treasury.
B. All money received by the department pursuant to the provisions of the Concealed Handgun Carry Act shall be deposited by the state treasurer for credit to the concealed handgun carry fund. The state treasurer shall invest the fund as all other state funds are invested, and income from the investment of the fund shall be credited to the fund. Balances remaining at the end of any fiscal year shall not revert to the general fund and may be used to maintain the state's criminal history database.
C. Money in the concealed handgun carry fund is appropriated to the department to carry out the provisions of the Concealed Handgun Carry Act.
History:
Laws 2003, ch. 255, § 13.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 255, § 16 made Laws 2003, ch. 255, § 13 effective July 1, 2003.
Severability.
— Laws 2003, ch. 255, § 15 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-14 - Current and retired law enforcement officers and New Mexico mounted patrol members.

A. An application fee, a renewal fee and a firearms training course are not required for an applicant or licensee who is:
(1) a current or retired certified law enforcement officer pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978]; or
(2) a current member of the New Mexico mounted patrol who has successfully completed a law enforcement academy basic law enforcement training program for New Mexico mounted patrol members pursuant to Section 29-6-4.1 NMSA 1978.
B. A law enforcement officer or New Mexico mounted patrol member shall submit to the department two full sets of fingerprints and a color photograph of the law enforcement officer or New Mexico mounted patrol member. The department shall conduct an appropriate check of available records and shall forward the fingerprints to the federal bureau of investigation for a national criminal background check.
C. A retired law enforcement officer is not required to submit an application fee or a renewal fee if:
(1) the officer was a certified law enforcement officer pursuant to the Law Enforcement Training Act for at least fifteen years prior to retirement; and
(2) the retirement is in good standing as shown by a letter from the agency from which the officer retired.
D. A retired law enforcement officer who has been retired ten years or less is not required to complete a firearms training course.
E. A retired law enforcement officer who has been retired for more than ten years shall be required to complete a firearms training course. The officer shall be allowed to attend any local law enforcement agency's firearms qualification course; provided that the officer supplies the officer's own ammunition, handgun, targets and range equipment. A local law enforcement agency shall not be liable under the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] for providing a firearms training course to a retired law enforcement officer pursuant to this subsection.
F. A retired law enforcement officer's concealed handgun license shall have printed on the license "retired police officer" and shall be valid for a period of five years.
History:
Laws 2005, ch. 242, § 7; 2015, ch. 157, § 1.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, provided an exception to the fee and firearms training course requirements of the Concealed Handgun Carry Act for certain certified law enforcement officers and New Mexico mounted patrol members, and required the department of public safety to obtain fingerprints and available records and forward fingerprints to the FBI for a national criminal background check; in the catchline, added "and New Mexico mounted patrol members"; in Subsection A, after "licensee who is", added the paragraph designation "(1)", in new Paragraph (1) of Subsection A, added "current or retired", and after the semicolon, added "or"; added new Paragraph (2) of Subsection A; and added new Subsection B and redesignated the succeeding subsections accordingly.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 19 - Concealed Handgun Carry › Section 29-19-15 - Military service persons; requirements.

A. For a concealed handgun license applicant or licensee who submits with a concealed handgun license application documentation satisfactory to the department that the applicant is a military service person as defined in Subsection E of this section, an application fee or renewal fee is not required. For a military service person discharged from military service within twenty years of the application for a license or renewal of a license, a firearms training course or refresher firearms training course is not required.
B. A military service person shall submit to the department two full sets of fingerprints and a color photograph of the military service person. The department shall conduct an appropriate check of available records and shall forward the fingerprints to the federal bureau of investigation for a national criminal background check.
C. A military service person's concealed handgun carry license shall have printed on the license "military service person" and shall be valid for a period of five years.
D. The department shall suspend or revoke a military service person's concealed handgun license if:
(1) the military service person provided the department with false information on the application form or renewal form;
(2) the military service person did not satisfy the criteria for issuance of a concealed handgun license at the time the license was issued; or
(3) subsequent to receiving a concealed handgun license, the military service person violated a provision of the Concealed Handgun Carry Act.
E. As used in this section, "military service person" means a person who was accepted into the United States armed forces and:
(1) is on active duty with the United States armed forces;
(2) is on reserve or guard duty with the United States armed forces; or
(3) is a veteran or a retiree who received an honorable discharge as indicated on a United States department of defense form 214.
History:
Laws 2015, ch. 157, § 2.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 157 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 20 - Law Enforcement Safe Pursuit › Section 29-20-1 - Short title.

Sections 1 through 4 [29-20-1 to 29-20-4 NMSA 1978] of this act may be cited as the "Law Enforcement Safe Pursuit Act".
History:
Laws 2003, ch. 260, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 260, § 6 made Laws 2003, ch. 260, § 1 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 20 - Law Enforcement Safe Pursuit › Section 29-20-2 - Definition.

As used in the Law Enforcement Safe Pursuit Act, "high speed pursuit" means an attempt by a law enforcement officer in an authorized emergency vehicle to apprehend an occupant of a motor vehicle, the driver of which is actively attempting to avoid apprehension by exceeding the speed limit.
History:
Laws 2003, ch. 260, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 260, § 6 made Laws 2003, ch. 260, § 2 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 20 - Law Enforcement Safe Pursuit › Section 29-20-3 - Police training.

A. No later than December 31, 2004, the New Mexico law enforcement academy board shall develop and incorporate into the basic law enforcement training required pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978] a course of instruction of at least sixteen hours concerning the safe initiation and conduct of high speed pursuits.
B. The course of instruction shall emphasize the importance of protecting the public at all times and the need to balance the known offense and risk posed by a fleeing suspect against the danger to law enforcement officers and other people by initiating a high speed pursuit.
C. The course of instruction shall include adequate consideration of each of the following subjects:
(1) when to initiate a high speed pursuit;
(2) when to terminate a high speed pursuit;
(3) evaluating risks due to conditions of the vehicle, driver, roadway, weather and traffic during a high speed pursuit;
(4) evaluating dangers to uninvolved motorists and bystanders during a high speed pursuit;
(5) the number of law enforcement units permitted to participate in the high speed pursuit;
(6) the responsibilities of primary, secondary and supervisory law enforcement units during a high speed pursuit;
(7) proper communication and coordination procedures when a high speed pursuit enters another law enforcement agency's jurisdiction, including a tribal jurisdiction;
(8) driving tactics during a high speed pursuit;
(9) communications during a high speed pursuit;
(10) capture of suspects following a high speed pursuit;
(11) supervisory responsibilities during a high speed pursuit;
(12) use of blocking, ramming, boxing and roadblocks as high speed pursuit tactics;
(13) use of alternative methods and technologies for apprehending suspects during a high speed pursuit; and
(14) preparing a report and evaluation and analysis of a high speed pursuit after it has concluded.
D. The New Mexico law enforcement academy board shall develop the program of instruction, learning and performance objectives and standards for training in conjunction with appropriate groups and individuals that have an interest in and expertise regarding high speed pursuits, including law enforcement agencies, law enforcement academy instructors, experts on the subject and members of the public.
E. In-service law enforcement training, as required pursuant to Section 29-7-7.1 NMSA 1978, shall include at least four hours of instruction that conform with the requirements set forth in Subsection C of this section.
F. Each certified regional law enforcement training facility shall incorporate into its basic law enforcement training and in-service law enforcement training a course of training in the safe initiation and conduct of high speed pursuits that is comparable to or exceeds the standards of the course of instruction developed by the New Mexico law enforcement academy board.
History:
Laws 2003, ch. 260, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 260, § 6 made Laws 2003, ch. 260, § 3 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 20 - Law Enforcement Safe Pursuit › Section 29-20-4 - Pursuit policies.

A. The chief law enforcement officer of every state, county and municipal law enforcement agency shall establish and enforce a written policy governing the conduct of law enforcement officers employed by the agency who are involved in high speed pursuits. A copy of the written policy shall be submitted to the director of the New Mexico law enforcement academy and the traffic safety bureau of the state highway and transportation department.
B. The policy shall specify, at a minimum:
(1) the conditions under which a law enforcement officer may engage in a high speed pursuit and the conditions when the officer shall terminate a high speed pursuit;
(2) measures other than a high speed pursuit that may be employed to apprehend a suspect in a fleeing motor vehicle or to impede the movement of the vehicle;
(3) the coordination and responsibility, including control over the high speed pursuit, of supervisory personnel and the law enforcement officers engaged in the pursuit; and
(4) the procedures to be followed to notify and coordinate high speed pursuits with law enforcement agencies in other jurisdictions, including tribal jurisdictions.
C. The written policy shall, at a minimum, require that:
(1) a law enforcement officer may initiate a high speed pursuit to apprehend a suspect who the officer has reasonable grounds to believe poses a clear and immediate threat of death or serious injury to others or who the officer has probable cause to believe poses a clear and immediate threat to the safety of others that is ongoing and that existed prior to the high speed pursuit;
(2) a law enforcement officer shall not initiate or continue a high speed pursuit when the immediate danger to the officer and the public created by the high speed pursuit exceeds the immediate danger to the public if the occupants of the motor vehicle being pursued remain at large;
(3) when deciding whether to initiate or continue a high speed pursuit, the following factors, at a minimum, shall be taken into consideration:
(a) the seriousness of the offense for which the high speed pursuit was initiated;
(b) whether a suspect poses a clear and immediate threat of death or serious injury to others;
(c) road, weather, environmental and vehicle conditions;
(d) the amount of motor vehicle and pedestrian traffic; and
(e) knowledge of the suspect's identity, possible destination and previous activities that may make apprehension at a later time feasible; and
(4) no more than two law enforcement vehicles shall become actively involved in a high speed pursuit, unless specifically authorized by a supervisor.
History:
Laws 2003, ch. 260, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 260, § 6 made Laws 2003, ch. 260, § 4 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 21 - Prohibition of Profiling Practices › Section 29-21-1 - Short title.

This act [29-21-1 to 29-21-4 NMSA 1978] may be cited as the "Prohibition of Profiling Practices Act".
History:
Laws 2009, ch. 177, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 177, § 1 was effective June 19, 2009.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 21 - Prohibition of Profiling Practices › Section 29-21-2 - Profiling practices prohibited.

A. In conducting a routine or spontaneous investigatory activity, including an interview, a detention, a traffic stop, a pedestrian stop, a frisk or other type of bodily search or a search of personal or real property, or in determining the scope, substance or duration of the routine or spontaneous investigatory activity, a law enforcement agency or a law enforcement officer shall not rely on race, ethnicity, color, national origin, language, gender, gender identity, sexual orientation, political affiliation, religion, physical or mental disability or serious medical condition, except in a specific suspect description related to a criminal incident or suspected criminal activity, to select a person for or subject a person to the routine or spontaneous investigatory activity.
B. In conducting an investigatory activity in connection with an investigation, a law enforcement agency or a law enforcement officer shall not rely on race, ethnicity, color, national origin, language, gender, gender identity, sexual orientation, political affiliation, religion, physical or mental disability or serious medical condition, except to the extent that credible information, relevant to the locality or time frame, links a person with those identifying characteristics to an identified criminal incident or criminal activity.
History:
Laws 2009, ch. 177, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 177, § 2 was effective June 19, 2009.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 21 - Prohibition of Profiling Practices › Section 29-21-3 - Policies and procedures; required.

A. A law enforcement agency shall:
(1) maintain written policies and procedures designed to eliminate practices by its law enforcement officers that violate the provisions of Section 2 [29-21-2 NMSA 1978] of the Prohibition of Profiling Practices Act; and
(2) provide training to its law enforcement officers, during orientation and at least once every two years, that the law enforcement agency determines will assist its law enforcement officers in adhering to the applicable provisions of the Prohibition of Profiling Practices Act and to the law enforcement agency's policies and procedures.
B. As part of a law enforcement agency's administrative complaint procedures, the law enforcement agency shall, at a minimum:
(1) investigate a complaint alleging its law enforcement officer violated the provisions of Section 2 of the Prohibition of Profiling Practices Act;
(2) take appropriate measures to discipline a law enforcement officer, including facilitating mediation or other restorative justice measures, when it is determined that the law enforcement officer violated the provisions of Section 2 of the Prohibition of Profiling Practices Act;
(3) provide appropriate forms for submitting the complaint against its law enforcement officer;
(4) publish the policies and procedures designed to eliminate practices that violate the provisions of Section 2 of the Prohibition of Profiling Practices Act; and
(5) submit a redacted copy of the complaint and the disposition to the attorney general, which shall disclose the nature and disposition of the complaint but shall not disclose personal identifying information of a law enforcement officer or complainant.
C. A law enforcement agency shall establish a time frame within which a complaint alleging a violation of the provisions of Section 2 of the Prohibition of Profiling Practices Act may be made; provided that in no event shall the time frame be less than ninety days or exceed one hundred eighty days after the commission of the alleged violation of the provisions of Section 2 of the Prohibition of Profiling Practices Act. A law enforcement agency shall allow a complaint alleging a violation of the provisions of Section 2 of the Prohibition of Profiling Practices Act by its law enforcement officer to be made:
(1) in person or in writing sent by mail, facsimile or electronic mail and signed by the complainant; or
(2) by telephone, anonymously or by a third party; provided that the law enforcement agency shall determine the complaint to be valid before taking appropriate measures pursuant to Paragraph (2) of Subsection B of this section and shall comply with the provisions of Section 29-14-4 NMSA 1978.
History:
Laws 2009, ch. 177, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 177, § 5 made Laws 2009, ch. 177, § 3 effective December 31, 2009.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 21 - Prohibition of Profiling Practices › Section 29-21-4 - Independent oversight; complaints; confidentiality.

The attorney general shall establish independent procedures for receiving, and for maintaining a record of, complaints alleging profiling by a law enforcement officer or agency. The attorney general may initiate an investigation of a complaint alleging a violation, or a systematic pattern of violations, of the provisions of Section 2 [29-21-2 NMSA 1978] of the Prohibition of Profiling Practices Act and take necessary actions as the attorney general deems appropriate. The attorney general may publish a report or summary of the attorney general's findings regarding violations of the provisions of the Prohibition of Profiling Practices Act; provided that personal and identifying information shall not be published or released to the public.
History:
Laws 2009, ch. 177, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 177, § 5 made Laws 2009, ch. 177, § 4 effective December 31, 2009.