reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 8 - Mutual Aid › Section 29-8-3 - Mutual aid agreements.

Any state, county or municipal agency having and maintaining peace officers may enter into mutual aid agreements with any public agency as defined in the Mutual Aid Act, with respect to law enforcement, provided any such agreement shall be approved by the agency involved and the governor.
History:
1953 Comp., § 39-7-3, enacted by Laws 1971, ch. 153, § 3.
ANNOTATIONS
Applicability to gaming compacts with Indian tribes.
— The Mutual Aid Act does not in any way pertain to gaming compacts and thus provides no statutory basis for the governor to enter into compacts and revenue-sharing agreements with Indian tribes which would permit gaming on Indian lands pursuant to the federal Indian gaming laws.
State ex rel. Clark v. Johnson
, 1995-NMSC-048, 120 N.M. 562, 904 P.2d 11.
By adding the limiting language that mutual aid agreements must be approved by both the agency involved and the governor of the state of New Mexico,
the legislature contemplated a written agreement.
State v. Branham
, 2004-NMCA-131, 136 N.M. 579, 102 P.3d 646.
Inconsistency between written agreements.
— It is inconsistent for the legislature to require a written agreement for the issuance of a cross commission under Section 29-1-11 NMSA 1978 between state law enforcement and Indian tribal police officers and not require a written agreement for mutual aid agreements under this section.
State v. Branham
, 2004-NMCA-131, 136 N.M. 579, 102 P.3d 646.
Where state police officer initially stopped defendant for speeding on Mescalero reservation,
because the officer did not have authority to enforce Mescalero tribal traffic ordinances, defendant's motion to suppress evidence was properly granted.
State v. Branham
, 2004-NMCA-131, 136 N.M. 579, 102 P.3d 646.
Deputization of city or county officials by state agency.
— The environmental improvement division (EID) (now Air Quality Bureau of Environment Department) may seek assistance from city and county law enforcement agencies to enforce asbestos disposal regulations pursuant to the Mutual Aid Act, Sections 29-8-1 to 29-8-3 NMSA 1978, but it cannot deputize city or county law enforcement officials to act as EID agents to enforce the division's asbestos disposal regulations. 1987 Op. Att'y Gen. No. 87-48.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-1 - Short title.

Sections 29-9-1 through 29-9-17 NMSA 1978 may be cited as the "Organized Crime Act".
History:
1953 Comp., § 39-9-1, enacted by Laws 1973, ch. 225, § 1; 1977, ch. 215, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1981, ch. 234, § 2 repealed Laws 1977, ch. 215, § 9, which had provided that the act shall terminate on July 1, 1981.
Statute not amenable to vagueness claim.
— The Organized Crime Act [Sections 29-9-1 through 29-9-17 NMSA 1978] is not the type of statute that is amenable to a claim of unconstitutional vagueness because the vagueness doctrine is applied when a potential actor is exposed to criminal sanctions without a fair warning as to the nature of a proscribed activity, whereas the Organized Crime Act is not a penal statute; the only sanction that can come from the act is a contempt citation for failure to abide by a court order.
In re Governor's Organized Crime Prevention Comm'n
, 1978-NMSC-022, 91 N.M. 516, 577 P.2d 414.
Word "racketeering" does not need to appear in title to Laws 1977, ch. 215,
which amends the Organized Crime Act; nor does the title violate N.M. Const., art. IV, § 16, although the 1977 amendment for the first time authorizes the commission to investigate racketeering, since racketeering is reasonably germane to the subject matter of organized crime.
In re Governor's Organized Crime Prevention Comm'n
, 1978-NMSC-022, 91 N.M. 516, 577 P.2d 414.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-2 - Definitions.

As used in the Organized Crime Act:
A. "organized crime" means the supplying for profit of illegal goods and services, including, but not limited to, gambling, loan sharking, narcotics and other forms of vice and corruption, by members of a structured and disciplined organization;
B. "public officer" means any elected or appointed officer of the state or any of its political subdivisions, serving with or without remuneration for his services; and
C. "commission" means the governor's organized crime prevention commission.
History:
1953 Comp., § 39-9-2, enacted by Laws 1973, ch. 225, § 2.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-3 - Commission created; membership.

A. There is created the "governor's organized crime prevention commission". The commission shall consist of seven members appointed by the governor with the advice and the consent of the senate. No more than four members shall belong to the same political party and at least one member shall be a member of the New Mexico bar.
B. Persons appointed to the commission shall:
(1) be of unquestioned integrity and of high standing and influence within the state by virtue of their demonstrated capacity for leadership;
(2) be selected from the various parts of the state in such manner as to provide broad geographical representation on the commission; and
(3) be given a security clearance by an appropriate agency designated by the governor to conduct a clearance investigation.
C. Members of the commission shall be appointed for staggered terms of four years each, three ending on December 31, 1975, two ending on December 31, 1976, and two ending on December 31, 1977. Thereafter, appointments shall be made for terms of four years or less so that the terms of not more than three commission members expire on December 31 of any year.
D. Members of the commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
E. Any vacancy on the commission shall be filled for the unexpired term by the governor. A vacancy on the commission shall not impair the right of the remaining members to exercise all the powers of the commission, provided the commission has at least four members.
History:
1953 Comp., § 39-9-3, enacted by Laws 1973, ch. 225, § 3; 1977, ch. 215, § 2.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-4 - Purpose of commission.

The purpose of the commission is to forestall, check and prevent the infiltration and encroachment of organized crime into public and private affairs within New Mexico by:
A. investigating the extent to which organized crime and racketeering has or has not infiltrated and encroached into private and public affairs within New Mexico;
B. investigating those conditions, including the effectiveness of the execution and enforcement of the laws and the conduct of public officers and employees, which may lead to, or may have led to, the infiltration and encroachment of organized crime into public and private affairs within New Mexico; and
C. reporting to the proper authorities and making public as authorized by this act [29-9-1 to 29-9-17 NMSA 1978] the results of its investigations and recommending corrective measures and improvements.
History:
1953 Comp., § 39-9-3.1, enacted by Laws 1977, ch. 215, § 3.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 204, § 26 repealed 29-9-6 NMSA 1978, as enacted by Laws 1973, ch. 225, § 5, relating to employees, effective July 1, 1989. For provisions of former section,
see
the 1988 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-7 - Construction.

Nothing contained in the Organized Crime Act shall be construed to supersede, repeal or limit any power, duty or function of the executive department, or any agency of the state, or any political subdivision thereof, conferred by law.
History:
1953 Comp., § 39-9-6, enacted by Laws 1973, ch. 225, § 6.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-8 - Confidentiality; impounding of exhibits.

A. Upon application of the commission, a district court may impound an exhibit marked in evidence at any public or private hearing held by the commission, and may order the exhibit to be retained by or delivered to and placed in the custody of the commission. If impounded, an exhibit shall not be taken from the custody of the commission except upon order of the district court granted after five days' notice to the commission or at the request or with the consent of the commission. Upon the removal from the custody of the commission of any impounded exhibit, it shall be returned to the person lawfully entitled to its possession.
B. The records, reports and files of the commission are not subject to the Public Records Act [Chapter 14, Article 3 NMSA 1978] or Sections 10-15-1 through 10-15-4 NMSA 1978. The records, reports and files of the commission shall not be subject to subpoena except by order of the supreme court of New Mexico.
C. Any person, except the governor or the commission, who discloses information contained in the records, reports and files of the commission or obtained in a private hearing conducted by the commission, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than one year or the imposition of a fine of not more than one thousand dollars ($1,000), or both imprisonment and fine.
History:
1953 Comp., § 39-9-7, enacted by Laws 1973, ch. 225, § 7; 1977, ch. 215, § 5.
ANNOTATIONS
Discovery of commission records only by supreme court order unconstitutional.
— The last sentence in Subsection B, allowing discovery of the records of the governor's organized crime prevention commission by supreme court order only, is unconstitutional, as the legislature lacks the power to prescribe and regulate practice, pleading and procedure.
In re Motion for a Subpoena Duces Tecum
, 1980-NMSC-010, 94 N.M. 1, 606 P.2d 539.
Unconstitutional last sentence in Subsection B is severable;
the remainder of the organized crime act remains in full force and effect.
In re Motion for a Subpoena Duces Tecum
, 1980-NMSC-010, 94 N.M. 1, 606 P.2d 539.
District courts authorized to hear duces tecum subpoena application for commission records.
— The district courts are authorized and directed, upon proper application for a subpoena duces tecum under Rule 1-045 NMRA, to hear and determine whether the records, reports and files of the governor's organized crime prevention commission may be subpoenaed, and, if so, upon what conditions.
In re Motion for a Subpoena Duces Tecum
, 1980-NMSC-010, 94 N.M. 1, 606 P.2d 539.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-10 - [Receipt of grants and donations.]

The commission is authorized to receive such grants, subsidies, donations, allotments or bequests as may be offered to the state, by the federal government or any department thereof, or by any public or private foundation or individuals for the investigation or suppression of organized crime.
History:
1953 Comp., § 39-9-9, enacted by Laws 1973, ch. 225, § 9.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-11 - Investigators.

Investigators appointed and employed by the commission shall be peace officers and have the powers and duties afforded peace officers.
History:
1953 Comp., § 39-9-10, enacted by Laws 1973, ch. 225, § 10; 1977, ch. 215, § 7.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-12 to 29-9-16 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-18 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Violation 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.
2023 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.
ANNOTATIONS
The 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.
Confidentiality provisions do not apply to a suspect who was never arrested, detained or charged with a crime.
— Information as to an individual who has been accused but not charged with a crime is confidential under the Arrest Record Information Act (ARIA), 29-10-1 to 29-10-8 NMSA 1978, only when contained in arrest record information pertaining to another individual who has been criminally charged, and therefore ARIA does not apply to records pertaining to a suspect who was investigated twice for possible criminal violations, but was never arrested, detained, or charged with a crime, because the records involved are not "arrest record information" as defined by 29-10-3 NMSA 1978. Because the suspect was never arrested, detained, or charged with a crime, the records involved cannot possibly be notations of an arrest, detention or criminal charge, and therefore ARIA does not apply.
Interpretation of Arrest Record Information Act
(11/25/20), Att'y Gen. Adv. Ltr. 2020-09.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Law 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).
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Cross 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).
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 11A - Sex Offender Registration and Notification › Section 29-11A-6 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 12 - Crime Stoppers Commission (Repealed.) › Section 29-12-1 to 29-12-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 17, § 1 repealed 29-12-1 to 29-12-4 NMSA 1978, as enacted by Laws 1979, ch. 142, § 1, and amended by Laws 1987, ch. 139, § 1, creating the crime stoppers commission, effective July 1, 2000. For provisions of former sections,
see
the 1989 NMSA 1978 on
NMOneSource.com
. For similar present provisions,
see
29-12A-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 12A - Crime Stoppers › Section 29-12A-1 - Short title.

This act [29-12A-1 to 29-12A-6 NMSA 1978] may be cited as the "Crime Stoppers Act".
History:
Laws 2003, ch. 249, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 249 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 12A - Crime Stoppers › Section 29-12A-2 - Advisory council; composition; vacancies; payment.

A. The "crime stoppers advisory council" is created. The council shall consist of five members from local crime stoppers programs, four of whom shall be from the four quadrants of the state and one from Albuquerque. All members of the council shall be appointed by the governor for two-year terms.
B. A vacancy on the council shall be filled by gubernatorial appointment for the remainder of the unexpired term. A vacancy on the council shall not impair the right of the remaining members to exercise all the powers and duties of the council.
C. Members of the council shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 NMSA 1978] and shall receive no other compensation or allowance.
History:
Laws 2003, ch. 249, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 249 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 12A - Crime Stoppers › Section 29-12A-3 - Powers and duties of advisory council.

A. The powers and duties of the crime stoppers advisory council are to:
(1) advise and assist in the creation and maintenance of local crime stoppers programs;
(2) certify local crime stoppers programs for the purposes of confidentiality of records, privileges and immunities set forth in the Crime Stoppers Act;
(3) encourage the media to promote the functions of local crime stoppers programs; and
(4) facilitate training for local crime stoppers programs.
B. The council shall not take part in the receipt of reports or tips regarding criminal activity.
History:
Laws 2003, ch. 249, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 249 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 12A - Crime Stoppers › Section 29-12A-4 - Confidentiality of records.

A. Evidence of a communication between a person submitting a report to a local crime stoppers program and the person accepting the report on behalf of the program is not admissible in a court or an administrative proceeding, except as provided in Subsection B of this section.
B. Records and reports of a local crime stoppers program are confidential and shall not be produced before a court or other tribunal, except on a motion by:
(1) a criminal defendant claiming that a record or report contains specific evidence that is exculpatory to the defendant on trial for that offense; or
(2) a person in civil court who has been exonerated of a criminal charge that was filed as a result of a report to a local crime stoppers program, and denial of access to a record or report would leave the person without the ability to offer prima facie proof that a legal injury was suffered through the wrongful acts of another.
C. Upon motion made pursuant to Subsection B of this section, a court may subpoena a record or report, but shall conduct an in camera inspection of the materials produced to determine whether there is evidence as alleged to warrant disclosure pursuant to Subsection B of this section. If the court finds such evidence, the court shall determine how much of the evidence to disclose and whether the identity of the person who submitted the report to the local crime stoppers program must be disclosed.
D. The court shall protect the identity of a person who submits a report to a local crime stoppers program as it would protect the identity of a confidential police informer.
E. A local crime stoppers program shall be certified by the crime stoppers advisory council before it can claim confidentiality under this section.
History:
Laws 2003, ch. 249, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 249 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 12A - Crime Stoppers › Section 29-12A-5 - Confidentiality; penalty.

A. It is unlawful for any member, officer or employee of a local crime stoppers program to reveal to an individual, other than the proper law enforcement agencies:
(1) information gained through the program relating to criminal activity; or
(2) the contents of records and reports that are confidential.
B. A person who violates Subsection A of this section is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978.
History:
Laws 2003, ch. 249, § 5.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 249 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 12A - Crime Stoppers › Section 29-12A-6 - Immunity from liability.

A person who in good faith communicates a report of criminal activity to a crime stoppers program or who in good faith receives, forwards or acts upon such a report is immune from civil liability for any act or omission resulting in the arrest, filing of criminal charges or trial of a person who is later exonerated or acquitted of a criminal charge.
History:
Laws 2003, ch. 249, § 6.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 249 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 13 - Law Enforcement Protection Fund › Section 29-13-1 - Short title.

Chapter 29, Article 13 NMSA 1978 may be cited as the "Law Enforcement Protection Fund Act".
History:
Laws 1983, ch. 289, § 1; 1993, ch. 179, § 2.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "Chapter 29, Article 13 NMSA 1978" for "The provisions of Sections 1 through 9 of this act".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 13 - Law Enforcement Protection Fund › Section 29-13-2 - Purpose of act.

The purpose of the Law Enforcement Protection Fund Act is to provide for the equitable distribution of money to state police, municipal police, university police, tribal police, county sheriff's and school district police departments for use in the maintenance and improvement of those departments in order to enhance the efficiency and effectiveness of law enforcement services and to sustain at a reasonable level the payments available to the surviving eligible family members of a peace officer killed in the line of duty.
History:
Laws 1983, ch. 289, § 2; 1993, ch. 179, § 3; 1998, ch. 83, § 1; 2002, ch. 78, § 4; 2020, ch. 67, § 2.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2022, added state police and school district police to the departments that receive distributions from the law enforcement protection fund; and after "distribution of money to", added "state police" and after "county sheriff's", added "and school district police".
The 2002 amendment,
effective May 15, 2002, inserted "and to sustain at a reasonable level the payments available to the surviving eligible family members of a peace officer killed in the line of duty" at the end of the section.
The 1998 amendment,
effective March 9, 1998, substituted "police, university police" for "and" near the middle of the section.
The 1993 amendment,
effective June 18, 1993, substituted "money" for "funds" and substituted "tribal police and county sheriff's departments" for "county police and sheriff departments".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 13 - Law Enforcement Protection Fund › Section 29-13-2.1 - Definitions.

As used in the Law Enforcement Protection Fund Act:
A. "academy" means the New Mexico law enforcement academy;
B. "division" means the local government division of the department of finance and administration;
C. "fund" means the law enforcement protection fund;
D. "governmental entity" means the academy, the department of public safety, a municipality, a county, a university, a tribe or a school district;
E. "school district police department" means a department of commissioned law enforcement officers who are charged with preventing, investigating and solving crimes on school district property;
F. "tribal police department" means the police department of a tribe that has entered into an agreement with the department of public safety pursuant to Section 29-1-11 NMSA 1978;
G. "tribe" means an Indian nation, tribe or pueblo located wholly or partly in New Mexico; and
H. "university" means a four-year post-secondary educational institution listed in Article 12, Section 11 of the constitution of New Mexico.
History:
1978 Comp., § 29-13-2.1, enacted by Laws 1993, ch. 179, § 4; 1998, ch. 83, § 2; 2002, ch. 92, § 2; 2017, ch. 35, § 2; 2020, ch. 67, § 3.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2022, revised the definition of "governmental entity" and defined "school district police department" as used in the Law Enforcement Protection Fund Act; in Subsection D, after "academy", added "the department of public safety", after "municipality", added "a county, a", and after "tribe or a", deleted "county" and added "school district"; and added a new Subsection E and redesignated the succeeding subsections accordingly.
The 2017 amendment,
effective July 1, 2017, defined "academy" for purposes of the Law Enforcement Protection Fund Act; added a new Subsection A and redesignated the succeeding subsections accordingly; and in Subsection D, after "means", added "the academy".
The 2002 amendment,
effective May 15, 2002, added Subsection E and redesignated former Subsection E as Subsection F.
The 1998 amendment,
effective March 9, 1998, in Subsection C, inserted "university" near the middle and made a minor stylistic change, and added Subsection E.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 13 - Law Enforcement Protection Fund › Section 29-13-5 - Determination of needs; review.

No later than May 1 of each year, the division shall notify in writing each affected municipal police, school district police, university police, tribal police and county sheriff's department, the department of public safety and the academy of its determination of money to be distributed pursuant to the provisions of Section 29-13-4 NMSA 1978. Any affected governmental entity may appeal that determination by filing a notice of appeal with the secretary of finance and administration no later than May 15. If an appeal is filed, the secretary of finance and administration shall review the determination of the division in an informal and summary proceeding and shall certify the result of the appeal to the division no later than June 30, and the division shall adjust its determination accordingly. If no appeal is filed, the original determination of the division shall be final and binding and not subject to further review.
History:
Laws 1983, ch. 289, § 5; 1988, ch. 96, § 3; 1993, ch. 179, § 7; 1998, ch. 83, § 4; 2017, ch. 35, § 4; 2020, ch. 67, § 5.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2022, added the department of public safety and affected school district police departments to the list of law enforcement departments required to receive notice in writing from the division of the amount of money they will receive from the law enforcement protection fund; and after "municipal police", added "school district police", and after "sheriff's department", added "the department of public safety".
The 2017 amendment,
effective July 1, 2017, included the New Mexico law enforcement academy in the determination of needs from the law enforcement protection fund; after "county sheriff's department", added "and the academy", and after "Any affected", deleted "department" and added "governmental entity".
The 1998 amendment,
effective March 9, 1998, substituted "police, university police" for "and" near the beginning of the section.
The 1993 amendment,
effective June 18, 1993, throughout the section, substituted "division" for "local government division of the department of finance and administration" and "local government division"; substituted "tribal police and county sheriff's department" for "county police and sheriff department" and substituted "money" for "funds" in the first sentence; and substituted "filed" for "lodged" in the third and fourth sentences.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 13 - Law Enforcement Protection Fund › Section 29-13-8 - Rules and regulations.

The division shall promulgate necessary rules and regulations to administer the provisions of the Law Enforcement Protection Fund Act.
History:
Laws 1983, ch. 289, § 8; 1993, ch. 179, § 10.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "division" for "local government division of the department of finance and administration".