2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-2 - Definitions. (Repealed effective July 1, 2030.)

As used in the Private Investigations Act:
A. "armored car company" means a company that knowingly and willingly transports money and other negotiables for a fee or other remuneration;
B. "bodyguard" means an individual who physically performs the mission of personal security for another individual;
C. "branch office" means an office of a private investigation company or a private patrol company physically located in New Mexico and managed, controlled or directed by a private investigations manager or private patrol operations manager;
D. "client" means an individual or legal entity having a contract that authorizes services to be provided in return for financial or other consideration;
E. "conviction" means any final adjudication of guilty, whether pursuant to a plea of guilty or nolo contendere or otherwise and whether or not the sentence is deferred or suspended;
F. "department" means the regulation and licensing department;
G. "individual" means a single human being;
H. "legal business entity" means a sole proprietorship, corporation, partnership, limited liability company, limited liability partnership or other entity formed for business purposes;
I. "licensee" means a person licensed pursuant to the Private Investigations Act;
J. "polygraph examiner" means an individual licensed by the department to engage in the practice of polygraphy;
K. "polygraphy" means the process of employing an instrument designed to graphically record simultaneously the physiological changes in human respiration, cardiovascular activity, galvanic skin resistance or reflex for the purpose of lie detection and includes the reading and interpretation of polygraphic records and results or any other device used to measure truthfulness;
L. "private investigation company" means a legal business entity that provides private investigation services, the location of which may be within or outside of the state, provided that the private investigation services are performed within New Mexico;
M. "private investigator" means an individual who is licensed by the department to engage in business or who accepts employment to conduct an investigation pursuant to the Private Investigations Act to obtain information regarding:
(1) crime or wrongs done or threatened against the United States or any state or territory of the United States;
(2) a person;
(3) the location, disposition or recovery of lost or stolen property;
(4) the cause or responsibility for fires, losses, accidents or damage or injury to persons or properties;
(5) the securing of evidence to be used before a court, administrative tribunal, board or investigating committee or for a law enforcement officer; or
(6) the scene of a motor vehicle accident or evidence related to a motor vehicle accident;
N. "private investigations employee" means an individual who is registered by the department to work under the direct control and supervision of a private investigator for a private investigation company;
O. "private investigations manager" means an individual who:
(1) is licensed as a private investigator and is issued a license by the department as a private investigations manager;
(2) directs, controls or manages a private investigation company for the owner of the company; and
(3) is assigned to and operates from the private investigation company that the private investigations manager is licensed to manage or from a branch office of that private investigation company;
P. "private patrol company" means a legal business entity, the location of which may be within or outside of the state, including an independent or proprietary commercial organization that provides private patrol operator services that are performed in New Mexico and the activities of which include employment of licensed private patrol operators or security guards;
Q. "private patrol employee" means an individual who is registered by the department to work under the direct control and supervision of a private patrol operator for a private patrol company;
R. "private patrol operations manager" means an individual who:
(1) is licensed as a private patrol operator or registered as a level three security guard and is issued a license by the department as a private patrol operations manager;
(2) directs, controls or manages a private patrol company for the owner of the company; and
(3) is assigned to and operates from the private patrol company that the private patrol operations manager is licensed to manage or from a branch office of that private patrol company;
S. "private patrol operator" means an individual who is licensed by the department to:
(1) conduct uniformed or nonuniformed services as a watchman, security guard or patrolman to protect property and persons on or in the property;
(2) prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind; or
(3) perform the services required of a security guard or security dog handler or provide security services for an armored car company;
T. "proprietary commercial organization" means an organization or division of an organization that provides full- or part-time security guard services solely for itself;
U. "registrant" means an individual registered as a private investigations employee, a private patrol operations employee or a security guard at any level;
V. "security dog handler" means an individual who patrols with dogs to detect illegal substances or explosives;
W. "security guard" means an individual who is registered to engage in uniformed or nonuniformed services under the direct control and supervision of a licensed private patrol operator or a private patrol operations manager to perform such security missions as watchman, fixed post guard, dog handler, patrolman or other person to protect property or prevent thefts; and
X. "special event" means a parade or other public or private event of short duration requiring security.
History:
Laws 1993, ch. 212, § 2; 1999, ch. 272, § 32; 1978 Comp., § 61-27A-2 recompiled as § 61-27B-2 by Laws 2007, ch. 115, § 2.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Recompilations.
— For recompilation of this section,
see
compiler's note following 61-27B-1 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, deletes and adds definitions relating to private investigators and private patrol companies.
Standard of care.
— Polygraphers are professionals subject to a malpractice standard of care, not just a "reasonable man" standard.
Lewis v. Rodriguez
, 1988-NMCA-062, 107 N.M. 430, 759 P.2d 1012.