2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 9 - Organized Crime › Section 29-9-5 - Powers and duties of commission.

A. The commission shall:
(1) assess and evaluate the activities and problems involving organized crime within New Mexico;
(2) develop a comprehensive plan for the suppression and control of organized crime in New Mexico and its encroachment into the state;
(3) recommend programs to combat organized crime;
(4) examine matters relating to law enforcement extending across the boundaries of the state into other states and consult and exchange information with officers and agencies of other states with respect to law enforcement problems of mutual concern in regard to organized crime;
(5) make an annual report to the governor and legislature which shall include its recommendations concerning matters within its jurisdiction and authority;
(6) keep the public informed as to the operation of organized crime and the problems of criminal law enforcement in New Mexico as they relate to organized crime by such means and to such extent as it deems appropriate;
(7) advise and assist, upon request, the attorney general, a district attorney or any other law enforcement official in the performance of his official powers and duties;
(8) cooperate with departments and officers of the federal government in the suppression of organized crime; and
(9) cooperate with agencies concerned with organized crime in coordinating efforts to investigate and suppress organized crime.
B. The commission shall conduct investigations as are necessary to carry out the purpose of the commission pursuant to Section 29-9-4 NMSA 1978.
C. The commission is authorized to:
(1) empower its staff to conduct any investigation authorized by this section and to maintain offices and hold meetings and functions at any place within New Mexico as it may deem necessary;
(2) conduct private and public hearings and designate one or more commission members or staff members to preside over any such hearings; provided staff members shall be without vote in such hearings;
(3) receive testimony from witnesses, request their attendance, examine them and request production of any books, records, documents or other evidence as it may deem relevant or material to an investigation. The commission may designate any of its members or members of its staff to exercise any such powers pursuant to regulations adopted by the commission;
(4) administer oaths or affirmations; examine witnesses under oath or affirmation; and subpoena witnesses, compel their attendance before the commission and require them to produce before the commission any books, records, documents or other evidence relevant or material to an investigation. No subpoena shall be issued without the adoption and acknowledgment, by resolution of five members of the commission, and further provided that a copy of said resolution with acknowledgments be attached to any and all subpoenas issued by the commission. The commission may designate any of its members or members of its staff to exercise any such powers, pursuant to regulations adopted by the commission. If any person subpoenaed pursuant to this section neglects or refuses to obey the command of the subpoena, any district court may, on proof by affidavit of service of the subpoena and of refusal or neglect by the person to obey the command of the subpoena, issue an order for the person to appear immediately before the court, which is authorized to proceed against the person as for a contempt of court. At any time before the return date of the subpoena, the person subpoenaed may file a petition to set aside the subpoena, modify the subpoena, or extend the return date thereon in the district court of any county in which the commission has an office or the district court of the county to which the person is subpoenaed to appear, and the court upon a showing of good cause may set aside the subpoena, modify it or extend the return date of the subpoena;
(5) petition a district court ex parte to order the attendance of witnesses before the commission and the production before the commission of any books, records, documents or other evidence relevant or material to an investigation, where it appears that the witness resides outside the state, may imminently depart the state or may secrete himself to avoid attendance before the commission or to avoid other lawful process. A witness may challenge execution of the order by filing a motion to quash the order with the district court before the return date named in the order;
(6) any and all proceedings brought before the court pursuant to Paragraphs 4 and 5 of this section, regarding subpoenas, shall be conducted in camera and shall be kept under the seal of the court.
D. Every witness appearing before the commission may request to be examined in private. Upon such request, the witness's testimony shall be in private with no persons present other than members of the commission, members of the commission's staff and the witness. The testimony and other evidence may be disseminated to law enforcement agencies as deemed proper by the commission but the content or details of the testimony and records produced by the witness shall not be made public, except that the commission, without disclosing the name of the witness, may issue a public report summarizing information obtained from its private hearings for the purpose of informing the public and its officials of the extent to which organized crime has infiltrated New Mexico and conditions which may lead to the infiltration of organized crime.
E. The commission shall not take testimony at a public hearing unless at least four of its members are present, or unless at least two members of the commission and at least two staff members are present. The commission shall not take testimony at a private hearing unless at least one of its members is present.
F. Witnesses appearing before 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.
History:
1953 Comp., § 39-9-4, enacted by Laws 1973, ch. 225, § 4; 1977, ch. 215, § 4; 1979, ch. 148, § 1.
ANNOTATIONS
Cross references.
— For divisions of the corrections department,
see
9-3-3 NMSA 1978.
Limitations on subpoena power.
— Any exception or limitation to the express power of the commission should be strictly construed.
Doe v. State ex rel. Governor's Organized Crime Prevention Comm'n
, 1992-NMSC-022, 114 N.M. 78, 835 P.2d 76.
Administrative subpoenas not subject to fourth amendment.
— The commission is an investigatory rather than an accusatory body, and, therefore, its subpoenas are administrative subpoenas. Administrative subpoenas, including subpoenas duces tecum, are not subject to the search and seizure provisions of the fourth amendment of the United States constitution.
In re Governor's Organized Crime Prevention Comm'n
, 1978-NMSC-022, 91 N.M. 516, 577 P.2d 414 (decided before 1979 amendment).
Requirements for lawful subpoena.
— In order to obtain a subpoena, the commission must show, and the district court must decide, that the investigation is within the power of the commission, the subpoena is definite enough and the material sought is reasonably relevant to the purpose of the investigation; what is reasonably relevant depends on the nature and purpose of the investigation, and relevancy cannot be determined in the absence of a stated purpose.
In re Governor's Organized Crime Prevention Comm'n
, 1978-NMSC-022, 91 N.M. 516, 577 P.2d 414 (decided before 1979 amendment).
Right to challenge subpoena.
— After a subpoena is issued the individual or institution upon whom it is served has an opportunity to challenge it. Since the subpoenas issued under the Organized Crime Act (Sections 29-9-1 to 29-9-17 NMSA 1978) ask only for voluntary compliance, and the commission is authorized to go to district court to seek enforcement, the legislature must have contemplated that the subpoenaed person would be allowed to show at that hearing why the subpoena should not be enforced.
In re Governor's Organized Crime Prevention Comm'n
, 1978-NMSC-022, 91 N.M. 516, 577 P.2d 414 (decided before 1979 amendment).
Law reviews.
— For note, "Criminal Procedure - New Mexico Denies Fifth Amendment Protection to Corporations: John Doe and Five Unnamed Corporations v. State ex rel. Governor's Organized Crime Prevention Commission," see 23 N.M.L. Rev. 315 (1993).