reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-1.1 - Definitions.

As used in Chapter 29 NMSA 1978:
A. "chief" or "chief of the state police" means the director of the New Mexico state police division of the department;
B. "commission" means the public safety advisory commission;
C. "department" means the department of public safety;
D. "member of the New Mexico state police" means a commissioned officer of the New Mexico state police, including an officer who is certified and commissioned as of June 30, 2015 in the former motor transportation division or the former special investigations division;
E. "New Mexico law enforcement academy" or "academy" means a division of the department established pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978];
F. "New Mexico state police" means the New Mexico state police division of the department; and
G. "secretary" means the secretary of public safety.
History:
1978 Comp., § 29-2-1.1, enacted by Laws 1987, ch. 254, § 18; 1989, ch. 204, § 22; 2015, ch. 3, § 4.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by amending certain law enforcement definitions; in Subsection D, after the second occurrence of "state police," added the remainder of the sentence; in Subsection E, after "means a", deleted "bureau of the training and recruiting", after "department", deleted "of public safety" and added "established pursuant to the Law Enforcement Training Act"; in Subsection F, after the semicolon, added "and"; and deleted former Subsection G and redesignated former Subsection H as Subsection G.
The 1989 amendment,
effective July 1, 1989, deleted "public safety" preceding "department" in Subsections A and F, and substituted "department of public safety" for "public safety department" in Subsection C, "New Mexico state police" for "department" in Subsection D, and all of the present language of Subsection E following "means" for "the training division of the public safety department".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 254, § 27 repealed 29-2-2 NMSA 1978, as amended by Laws 1979, ch. 202, § 13, relating to police board composition, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-3 - New Mexico state police; organization.

The New Mexico state police shall consist of a chief and such patrol officers, sergeants, lieutenants and captains as the secretary may deem advisable within the limits of the funds appropriated for the New Mexico state police; provided that the number of captains, lieutenants and sergeants shall not exceed twenty-five percent of the total number of the police, exclusive of the chief; but this requirement shall not be interpreted so as to require the demotion of any member of the previous state police division, the former motor transportation division or the former special investigations division.
History:
1941 Comp., § 40-203, enacted by Laws 1941, ch. 147, § 3; 1953 Comp., § 39-2-3; Laws 1977, ch. 257, § 21; 1979, ch. 202, § 14; 2015, ch. 3, § 5.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by clarifying references to positions within the organizational structure of the New Mexico state police; after the first occurrence of "chief", added "and"; after "such", deleted "patrolmen" and added "patrol officers"; after "captains as the", deleted "New Mexico state police board" and added "secretary", after "provided", deleted "however", and after "police division", deleted "of the criminal justice department" and added "the former motor transportation division or the former special investigations division".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-4 - Appointments; removal.

The chief of the New Mexico state police shall be appointed by the secretary. All patrol officers and other officers and all civilian employees shall be appointed by the chief.
History:
1941 Comp., § 40-204, enacted by Laws 1941, ch. 147, § 4; 1953 Comp., § 39-2-4; Laws 1977, ch. 257, § 22; 1979, ch. 202, § 15; 2015, ch. 3, § 6.
ANNOTATIONS
Compiler's notes.
— Although "removal" was added to the section heading, no provisions relevant to removal were added to this section by the 1979 amendment.
Cross references.
— For removal during probationary period,
see
29-2-9 NMSA 1978.
For disciplinary proceedings culminating in removal,
see
29-2-11 NMSA 1978.
For removal of chief,
see
29-2-19 NMSA 1978.
For certificate from law enforcement academy,
see
29-7-6 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by clarifying certain duties regarding appointment within the department of public safety; after "appointed by the", deleted "New Mexico state police board" and added "secretary", and after "All", deleted "patrolmen" and added "patrol officers.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-4.1 - Rules.

The secretary shall promulgate rules governing employment and operating practices and related matters for employees of the New Mexico state police.
History:
1978 Comp., § 29 2 4.1, enacted by Laws 1979, ch. 202, § 16; 2015, ch. 3, § 7.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by providing the secretary of public safety with the authority to create rules for the department; in the catchline, deleted "and regulations"; after "The", deleted "New Mexico state police board" and added "secretary"; and after "rules", deleted "and regulations".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Sexual misconduct or irregularity as amounting to "conduct unbecoming an officer," justifying officer's demotion or removal or suspension from duty, 9 A.L.R.4th 614.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 254, § 27 repealed 29-2-5 NMSA 1978, as enacted by Laws 1941, ch. 147, § 5, relating to retention of chief and members of state police, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-7 - Commissioned officers; application; procedure.

The New Mexico state police shall cause all applicants for the position of commissioned officer to submit a written detailed application on forms as the secretary shall prescribe, and the secretary shall cause an investigation to be made of all applicants, subsequent to their taking the examination referred to in Section 29-2-8 NMSA 1978, for the purpose of determining the moral character, general reputation and fitness of any applicant. An applicant who is found unfit as a result of the investigation shall be disqualified for employment. The secretary shall by rule prescribe the physical qualifications of applicants and shall require each applicant to submit to a physical examination by doctors as the secretary shall designate. An applicant who does not meet the physical requirements prescribed by the secretary shall be disqualified for employment. Inasmuch as laws have been enacted providing for retirement, disability and life insurance funds for members of the New Mexico state police, it is the intention of the legislature that no applicants will be appointed who are in such physical condition that the cost of such protection will thereby be increased.
History:
1941 Comp., § 40-207, enacted by Laws 1941, ch. 147, § 7; 1953 Comp., § 39-2-7; Laws 1977, ch. 257, § 24; 1978, ch. 82, § 1; 1979, ch. 202, § 18; 2015, ch. 3, § 9.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by clarifying certain duties of the secretary of public safety with regard to commissioning officers; after "application on", deleted "such"; substituted "secretary" for "board" throughout the section; after the first occurrence of "examination", deleted "hereinafter"; after "referred to", added "in Section 29-2-8 NMSA 1978"; after "any applicant", inserted a period, deleted "and any such", began a second sentence and added "An"; in the present second sentence, after "result of", deleted "such" and added "the", after "examination by", deleted "such", and after "designate", inserted a period, deleted "and any", began a third sentence, and added "An".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-8 - New Mexico state police; commissioned officers; examination.

The New Mexico state police shall conduct a written examination of all applicants for the position of commissioned officer for the purpose of determining their mental qualifications and knowledge of the laws of New Mexico and their ability to render assistance in case of accidents upon the public highways. No applicant shall be appointed a member of the New Mexico state police, other than the chief, until the applicant has passed the written examination with a grade of not less than seventy-two percent. This section shall not apply to officers who are certified and commissioned as of June 30, 2015 in the former motor transportation division or the former special investigations division.
History:
1941 Comp., § 40-208, enacted by Laws 1941, ch. 147, § 8; 1953 Comp., § 39-2-8; Laws 1977, ch. 257, § 25; 1978, ch. 82, § 2; 1979, ch. 202, § 19; 2015, ch. 3, § 10.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by clarifying certain qualification requirements of officers within the New Mexico state police; after "highways", deleted "and", inserted a period, and began a second sentence; in the present second sentence, after "until", deleted "he shall have" and added "the applicant has", after "passed", deleted "such" and added "the"; and added the third sentence relating to certain certified and commissioned officers.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-9 - Probationary period; length; permanent commission; salary.

A. All new appointments as members of the New Mexico state police shall be for a probationary period of two years. During the probationary period, the new members may be removed or suspended at the discretion of the chief. At the end of two years of satisfactory service and upon recommendation of the chief and with concurrence of the secretary, the appointee may receive a permanent commission as a member of the New Mexico state police. However, the probationary period may be extended beyond a two-year period upon the recommendation of the chief with the concurrence of the secretary. This subsection shall not apply to officers who are certified and commissioned as of June 30, 2015 in the former motor transportation division or the former special investigations division. Members who are on probation on July 1, 2015 shall complete the probationary period under which they were hired.
B. The salaries of all members of the New Mexico state police, probationary and permanent, and that of the chief shall be fixed by the secretary.
History:
1941 Comp., § 40-209, enacted by Laws 1941, ch. 147, § 9; 1953, ch. 80, § 2; 1953 Comp., § 39-2-9; Laws 1977, ch. 257, § 26; 1979, ch. 202, § 20; 2015, ch. 3, § 11.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by clarifying certain duties of the secretary of public safety and amending qualification requirements for certain officers; designated the previously undesignated paragraphs as Subsections A and B; in the second sentence of Subsection A, deleted each occurrence of "such" and added "the", after "chief", deleted "of the New Mexico state police"; in the third sentence of Subsection A, after "concurrence of the", deleted "New Mexico state police board" and added "secretary"; in the fourth sentence of Subsection A, deleted "board" and added "secretary"; added the fifth sentence relating to certain certified and commissioned officers; and in Subsection B, after "fixed by the", deleted board and added "secretary".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-10 - Promotions.

All promotions in the New Mexico state police to the rank of sergeant shall be made after written examinations. All promotions above the rank of sergeant shall be made by the chief after concurrence and approval by the secretary. The ranks of sergeant, lieutenant and captain shall be permanent unless established as an exempt rank by the chief with the concurrence of the secretary. All promotions above the rank of captain are by executive appointment of the chief with concurrence of the secretary, and those persons shall serve at the pleasure of the chief with the concurrence of the secretary.
History:
1941 Comp., § 40-210, enacted by Laws 1941, ch. 147, § 10; 1953 Comp., § 39-2-10; Laws 1979, ch. 202, § 21; 2015, ch. 3, § 12.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by clarifying certain duties of the secretary of public safety with regard to promotions in the New Mexico state police; in the first sentence, after "written examinations", deleted the remainder of the sentence; and substituted "secretary" for "New Mexico state police board" and "board" throughout the section.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-12 - Oath.

All members of the New Mexico state police and the secretary shall take the oath of office required of all state officials.
History:
1941 Comp., § 40-212, enacted by Laws 1941, ch. 147, § 12; 1953 Comp., § 39-2-12; Laws 1977, ch. 257, § 28; 1978, ch. 82, § 3; 1979, ch. 202, § 23; 2015, ch. 3, § 13.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for the secretary of public safety to take the oath of office required of all state officials; after "police and the", deleted "New Mexico state police board" and added "secretary".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 81A C.J.S. States § 91.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-13 - Uniforms and badges; uniform allowance to be set by secretary.

A suitable and distinctive uniform shall be prescribed by the secretary. The secretary shall provide and issue to each commissioned officer a uniform and an appropriate badge which shall contain in plain legible letters the words "New Mexico state police". The prescribed uniform and badge shall be worn at all times when on duty, except when by direction of the chief or the governor, any member of the New Mexico state police is assigned to special duties. Uniform allowance and subsistence pay shall be established by the secretary and allowed in addition to a commissioned officer's salary and paid on a monthly basis to each commissioned officer of the division. The uniform allowance and subsistence pay shall be expended only for the purposes allowed and any portion of the uniform allowance or subsistence pay not so spent in each fiscal year shall revert to the general fund.
History:
1941 Comp., § 40-213, enacted by Laws 1941, ch. 147, § 13; 1953 Comp., § 39-2-13; Laws 1976, ch. 8, § 1; 1977, ch. 257, § 29; 1979, ch. 202, § 24; 1989, ch. 204, § 24.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, substituted "secretary" for "board" in the section heading and "secretary" for "New Mexico state police board" in the first sentence, deleted the former second and third sentences relating to establishment and expenditure of uniform allowance, substituted all of the language of the present second sentence preceding "which" for "The board shall also provide and issue to each member an appropriate badge and uniform", and added the last two sentences.
Section allows each officer to purchase own uniform.
— This section indicates the legislative intention to allow each officer to purchase his own uniforms, since the phraseology cannot be said to even imply that the purchase of uniforms is to be made by the department pursuant to the State Purchasing Agent Act. 1964 Op. Att'y Gen. No. 64-134.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-14 - Unauthorized wearing of uniform or badge; unauthorized marking of motor vehicle; penalty.

A. Unauthorized wearing of uniform or badge consists of the wearing or requiring the wearing, without authorization by the secretary, of a uniform or badge or both whose material, color or design, or any combination of them, is such that the wearer appears to be a member of the New Mexico state police.
B. Unauthorized marking of motor vehicle consists of the marking, using, possessing or owning or requiring the marking or using, without authorization by the secretary, of a motor vehicle whose insignia, color or equipment, or any combination of them, is such that the motor vehicle appears to be a New Mexico state police motor vehicle.
C. Whoever commits unauthorized wearing of uniform or badge or unauthorized marking of motor vehicle is guilty of a petty misdemeanor.
History:
1953 Comp., § 39-2-13.1, enacted by Laws 1971, ch. 87, § 1; 1977, ch. 257, § 30; 1979, ch. 202, § 25; 2015, ch. 3, § 14.
ANNOTATIONS
Cross references.
— For impersonating peace officer,
see
30-27-2.1 NMSA 1978.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, changed references made to the New Mexico police board to the secretary of public safety; in Subsection A, after "authorization by the", deleted "New Mexico state police board" and added "secretary", in Subsection B, after "authorization by the", deleted "board" and added "secretary".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 254, § 27 repealed 29-2-15 NMSA 1978, as enacted by Laws 1941, ch. 147, § 14, relating to division of state police, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-16 - State police school; compensation.

A. Before entering upon the appointee's duties, every appointee to the New Mexico state police shall be required to attend a school of instruction approved by the secretary. A uniform course of instruction shall be given all trainees governing the operation, maintenance and temporary roadside repair of motor vehicles, the laws of the state that the appointee may be called on to enforce and other instruction as the secretary may require. Attendance at the school or other course of instruction as may be prescribed renders the person attending subject to the control of the New Mexico state police during attendance.
B. The secretary may, within the budgetary means of the New Mexico state police, allow subsistence and compensation for trainees attending the school of instruction at the New Mexico state police headquarters or elsewhere.
C. This section shall not apply to members of the former motor transportation division or the former special investigations division.
History:
1941 Comp., § 40-215, enacted by Laws 1941, ch. 147, § 15; 1953 Comp., § 39-2-15; Laws 1959, ch. 231, § 1; 1971, ch. 211, § 1; 1977, ch. 257, § 31; 1978, ch. 82, § 4; 1979, ch. 202, § 26; 1981, ch. 189, § 1; 2015, ch. 3, § 15.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by amending certain duties of appointees to the New Mexico state police and clarifying certain duties of the secretary of public safety; in Subsection A, after "upon", deleted "his" and added "the appointee's", after "attend", deleted "for a period of at least ninety days", after "approved by", deleted "New Mexico state police board" and added "secretary", after "laws of the state", deleted "which" and added "that", and after "instruction as the", deleted "New Mexico state police board" and added "secretary"; in Subsection B, after "The", deleted "board" and added "secretary", and deleted the second sentence; and added Subsection C.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 202, § 53, repealed 29-2-17 NMSA 1978, as enacted by Laws 1941, Ch. 147, § 16, relating to the state police reserve, effective July 1, 1979.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-19 - Chief; qualifications; removal.

A. The chief is the executive officer of the New Mexico state police and is subject to the control, supervision and direction of the secretary. The appointee, at the time of appointment as chief by the secretary, shall have been a member of the New Mexico state police holding a permanent commission for ten continuous years immediately prior to the appointment and shall have served not less than three years in a supervisory capacity. Appointment shall be made with the consent of the senate.
B. The chief shall serve at the pleasure of the secretary.
C. The seniority and retirement rating of the chief shall be continuous as for any other member.
D. The chief shall maintain an office in Santa Fe in such quarters as are provided by the New Mexico state police for that purpose.
History:
1953 Comp., § 39-2-18, enacted by Laws 1977, ch. 257, § 34; 1979, ch. 202, § 28; 1981, ch. 185, § 1; 2015, ch. 3, § 17.
ANNOTATIONS
Repeals and reenactments.
— Laws 1977, ch. 257, § 34, repealed former 39-2-18, 1953 Comp., relating to executive duties of chief, removal, seniority and retirement, location of office and residence, and enacted a new 39-2-18, 1953 Comp. Laws 1977, ch. 257, § 107, also repealed former 39-2-18, 1953 Comp., as it existed before the enactment of the new section.
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by clarifying the qualifications of the chief of the state police; in Subsection A, after "police and", deleted "shall be" and added "is", after "direction of the", deleted "New Mexico state police board. He shall" and added "secretary. The appointee"; in the second sentence of Subsection A, after "time of", deleted "his", after "appointment", added "as chief", after "by the", deleted "board" and added "secretary shall", after "prior to", deleted "his" and added "the", and after "capacity", deleted "and said"; in Subsection B, after "pleasure of the" deleted "New Mexico state police board" and added "secretary"; and in Subsection D, after "maintain", deleted "his" and added "an".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-20 - Districts.

The New Mexico state police chief, subject to the control of the secretary, may divide the state into districts and may designate home stations for the members of the New Mexico state police.
History:
1941 Comp., § 40-219, enacted by Laws 1941, ch. 147, § 19; 1953 Comp., § 39-2-19; Laws 1977, ch. 257, § 35; 1979, ch. 202, § 29; 2015, ch. 3, § 18.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, changed references made to the New Mexico state police board to the secretary of public safety; after "control of the", deleted "New Mexico state police board" and added "secretary".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-21 - Details.

The governor of New Mexico may from time to time detail all or any part of the New Mexico state police to such part of the state as in his judgment may be necessary to bring about proper law enforcement in the state to handle disturbances or to investigate specific law violations.
History:
1941 Comp., § 40-220, enacted by Laws 1941, ch. 147, § 20; 1953 Comp., § 39-2-20; Laws 1977, ch. 257, § 36; 1979, ch. 202, § 30.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 202, § 53 repealed 29-2-23 NMSA 1978, as enacted by Laws 1941, Ch. 147, § 23, relating to the transfer of powers and duties in the bureau of identification of the department of justice to the technical services bureau of the criminal justice support division of the criminal justice department, effective July 1, 1979.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-24 - Waiver.

The provisions of Sections 29-2-6 through 29-2-8 NMSA 1978 may be waived by the secretary with regard to plainclothes or special investigators and other employees not regularly uniformed.
History:
1941 Comp., § 40-225, enacted by Laws 1941, ch. 147, § 25; 1953 Comp., § 39-2-25; Laws 1977, ch. 257, § 39; 1979, ch. 202, § 32; 2015, ch. 3, § 20.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by providing authority to the secretary of the department of public safety to waive certain qualification requirement for officers; after "waived by the", deleted "unanimous vote of all members of the New Mexico state police board" and added "secretary", and after "plainclothes", deleted "men".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-25 - Accident reports.

When any member of the New Mexico state police investigates a motor vehicle accident, the member shall make a written report of the findings on appropriate forms furnished by the New Mexico state police, the original of which report shall be filed in the office of the New Mexico state police and shall be furnished to any person upon written application accompanied by a fee as set by the secretary for the photocopy of each surface of all documents comprising a report.
History:
1941 Comp., § 40-226, enacted by Laws 1947, ch. 38, § 1; 1953 Comp., § 39-2-26; Laws 1957, ch. 59, § 1; 1977, ch. 257, § 40; 1978, ch. 82, § 6; 1979, ch. 202, § 33; 2015, ch. 3, § 21.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for the reorganization of the department of public safety by amending the language relating to the completion of vehicle accident reports; after the first occurrence of "police", deleted "shall investigate" and added "investigates"; after "accident", deleted "he" and added "the member"; after "written report of", deleted "his" and added "the"; after the second occurrence of "report", deleted "and of all reports of motor vehicle accidents heretofore made"; after "set by the", deleted "New Mexico state police board" and added "secretary"; and changed "photostat" to "photocopy".
Limited protection of accused.
— Section 29-10-4 NMSA 1978 protects the confidentiality of information concerning the identity of a person who has been accused, but not charged, with a crime only if that information has been collected in connection with an investigation of, or otherwise relates to, another person who has been charged with committing a crime. However, information in other records which identifies a person accused but not charged with or arrested for a crime may be protected from public disclosure under Section 14-2-1 NMSA 1978 et seq. Finally, even if it would otherwise be protected under either statute, information about a person accused but not charged with a crime is open to public inspection if it is contained in a document listed in Section 29-10-7 NMSA 1978. 1994 Op. Att'y Gen. No. 94-02.
No conflict between Arrest Record Information Act and section
when accident falls within exemption of former 39-10-8D, 1953 Comp. (repealed and reenacted as Section 29-10-7 NMSA 1978), if the information on the accident report is the same as that information on the initial record of entry, or if any arrest information on the report is deleted from the copy disseminated. 1975 Op. Att'y Gen. No. 75-37 (opinion rendered under former law).
Accident report not confidential.
— Reports made by police officers regarding an accident would not be considered confidential under Section 66-7-213 NMSA 1978, and would be subject to inspection by persons interested either in the office of the governor's traffic safety coordinating committee or in the police department which made and transmitted the report. 1953 Op. Att'y Gen. No. 53-5840 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-26 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 202, § 53 repealed 29-2-26 NMSA 1978, as enacted by Laws 1955, Ch. 193, § 1, relating to the representation of the state police board and police officers by the attorney general, effective July 1, 1979.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-27 - Security for the governor and the legislature.

A. The New Mexico state police shall provide security and protection for the governor, and security and protection for the governor's family. The extent and manner in which the security is provided shall be determined by the governor and the chief of the New Mexico state police.
B. The New Mexico state police shall provide security and protection for the legislature while it is in session.
History:
1953 Comp., § 39-2-28, enacted by Laws 1969, ch. 125, § 1; 1977, ch. 257, § 41; 1979, ch. 202, § 34.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-28 - Provide concurrent jurisdiction of state property and grounds.

The New Mexico state police shall have concurrent jurisdiction for the protection of all public buildings, grounds and property of the state government, its agencies, instrumentalities and institutions, including but not limited to the state capitol and the state capitol complex. Such concurrent jurisdiction shall include the exercise of supervisory authority over any other security forces employed on such property by the agency, instrumentality or institution, at the option or election of the chief of the New Mexico state police.
History:
1953 Comp., § 39-2-28.1, enacted by Laws 1971, ch. 259, § 1; 1977, ch. 257, § 42; 1979, ch. 202, § 35.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 2 - State Police › Section 29-2-29 - State police; group life insurance.

Notwithstanding the provisions of Section 10-7-4 NMSA 1978 and in addition to all other benefits provided commissioned officers, the department shall provide life insurance coverage in the amount of twenty-five thousand dollars ($25,000) for each state police officer to be paid to his designated beneficiary. The coverage shall include double indemnity provisions for death incurred in line of duty. The coverage shall be provided by a group term insurance policy, the premium for which shall be paid out of state funds appropriated to the department of public safety.
History:
1953 Comp., § 39-2-29, enacted by Laws 1973, ch. 297, § 1; 1989, ch. 204, § 25.
ANNOTATIONS
Cross references.
— For educational funds for children of police killed in active duty,
see
28-14-1 NMSA 1978.
The 1989 amendment,
effective July 1, 1989, substituted all of the present language of the first sentence preceding "shall" for "Notwithstanding the provisions of Section 5-4-12 NMSA 1953 and in addition to all other benefits provided state police officers, the New Mexico state police", and substituted "department of public safety" for "state police" in the last sentence.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3 - Identification of Criminals › Section 29-3-1 - New Mexico state police; identification and information.

A. It is the duty of the New Mexico state police to install and maintain complete systems for the identification of criminals, including the fingerprint system and the modus operandi system. The New Mexico state police shall obtain, from whatever source procurable, and shall file and preserve for record, plates, photographs, outline pictures, fingerprints, measurements, descriptions, modus operandi statements and such other information about, concerning and relating to any and all persons who have been or who shall be convicted of a felony or who shall attempt to commit a felony within this state or who are well-known and habitual criminals or who have been convicted of any of the following felonies or misdemeanors:
(1) illegally carrying, concealing or possessing a pistol or any other dangerous weapon;
(2) buying or receiving stolen property;
(3) unlawful entry of a building;
(4) escaping or aiding an escape from prison;
(5) making or possessing a fraudulent or forged check or draft;
(6) petit larceny;
(7) unlawfully possessing or distributing habit-forming narcotic drugs; and
(8) driving while under the influence of intoxicating liquor or drugs.
B. The New Mexico state police may also obtain like information concerning persons who have been convicted of violating any of the military, naval or criminal laws of the United States or who have been convicted of a crime in any other state, country, district or province, which, if committed within this state, would be a felony.
C. The New Mexico state police shall make a complete and systematic record and index of all information obtained for the purpose of providing a convenient and expeditious method of consultation and comparison.
History:
Laws 1935, ch. 149, § 4; 1941 Comp., § 40-301; 1953 Comp., § 39-3-1; Laws 1977, ch. 257, § 43; 1979, ch. 202, § 36; 1997, ch. 242, § 1.
ANNOTATIONS
Cross references.
— For the DNA Identification Act,
see
Chapter 29, Article 16 NMSA 1978.
The 1997 amendment,
effective July 1, 1997, in Subsection A, deleted "such" preceding "plates" and "hereafter" following "who shall", designated the paragraphs and added Paragraph (8), in Subsection C inserted "of" following "index", and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 6A C.J.S. Arrest § 62.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3 - Identification of Criminals › Section 29-3-2 - New Mexico state police; cooperation; local and state.

The New Mexico state police shall cooperate with the respective sheriffs, constables, marshals, police and other peace officers of this state in the detection of crime and the apprehension of criminals throughout the state and shall, on the direction of the chief of the New Mexico state police, governor or attorney general, conduct such investigations as may be deemed necessary to obtain and secure evidence which may be considered necessary or essential for the conviction of alleged violators of the criminal laws of this state, and the chief is hereby authorized to assist any prosecuting attorney in the prosecution of any criminal case which may in his judgment require such cooperation. All expenses such as travel, meals and lodging involved in such assistance shall be paid from the court fund of the county in which the trial is held or to be held.
History:
Laws 1935, ch. 149, § 5; 1941 Comp., § 40-302; 1953 Comp., § 39-3-2; Laws 1977, ch. 257, § 44; 1979, ch. 202, § 37.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3 - Identification of Criminals › Section 29-3-3 - New Mexico state police; cooperation; federal.

It shall be the duty of the New Mexico state police and it is hereby granted the power to cooperate with agencies of other states and of the United States having similar powers to develop and carry on a complete interstate, national and international system of criminal identification and investigation, and also to furnish upon request any information in their possession concerning any person charged with crime to any court, district attorney or police officer or any peace officer of this state, or of any other state or the United States.
History:
Laws 1935, ch. 149, § 6; 1941 Comp., § 40-303; 1953 Comp., § 39-3-3; Laws 1977, ch. 257, § 45; 1979, ch. 202, § 38.
ANNOTATIONS
No tort liability for failure to inform out-of-state officials of escape.
— In a wrongful death action arising out of the escape of state prisoners, who crossed over into Colorado and killed a resident thereof, the New Mexico State police, who were informed of the escape soon after it occurred and diligently attempted to apprehend the escapees as soon as possible, but who did not inform Colorado officials, did not breach any duty giving rise to tort liability.
Wittkowski v. State Corr. Dep't
, 1985-NMCA-066, 103 N.M. 526, 710 P.2d 93, cert. quashed, 103 N.M. 442, 708 P.2d 1043,
overruled on other grounds
,
Silva v. State
, 1987-NMSC-107, 106 N.M. 472, 745 P.2d 380.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3 - Identification of Criminals › Section 29-3-4 - State agencies; cooperation.

A. It is the duty of the university of New Mexico, the human services department, [health care authority department] the department of health and all other state departments, divisions, bureaus, boards, commissions, institutions and officials, free of charge or reward, to cooperate with the law enforcement officers of the state and the New Mexico state police, and to render to them such services and assistance relative to microanalysis, handwriting, toxicology, chemistry, photography, medicine, ballistics and all other sciences and matters relating to or that would aid in controlling crime and the detection, apprehension, identification and prosecution of criminals.
B. Beginning July 1, 2018 and through June 30, 2021, the department of public safety forensic laboratories bureau shall assist a law enforcement agency crime laboratory in a class A county with a population greater than six hundred thousand according to the most recent federal decennial census by processing and testing sexual assault examination kits that consist of one or more samples of biological material collected pursuant to a medical examination of a sexual assault victim for that laboratory. The bureau may charge a laboratory that the bureau assists as provided in this subsection a fee of up to eight hundred dollars ($800) for each sexual assault examination kit that the bureau processes and tests. Fees collected by the bureau in accordance with this subsection shall be deposited in the sexual assault examination kit fund.
C. As used in this section, "biological material" means material that is derived from a human body and includes bodily fluids, hair and skin cells.
History:
Laws 1935, ch. 149, § 7; 1941 Comp., § 40-304; 1953 Comp., § 39-3-4; Laws 1977, ch. 257, § 46; 1978, ch. 3, § 1; 1979, ch. 202, § 39; 2017, ch. 98, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2017 amendment,
effective June 16, 2017, required the department of public safety forensic laboratories bureau to assist certain local law enforcement crime laboratories for a three year period with testing samples of biological material collected pursuant to a medical examination of a sexual assault victim, allowed the bureau to charge a fee for assisting in testing samples of biological material, and defined "biological material" for purposes of this section; added the subsection designation "A."; in Subsection A, after "It", deleted "shall be" and added "is", after "human services department, the", added "department of" and after "health", deleted "and environment department", and after "departments", added "divisions"; and added Subsections B and C.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3 - Identification of Criminals › Section 29-3-5 to 29-3-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 202, § 53 repealed 29-3-5 to 29-3-7 NMSA 1978, as enacted by Laws 1935, Ch. 149, §§ 8, 9, & 10, relating to supplies, quarters and reports of the technical services bureau of the criminal justice support division, criminal justice department, effective July 1, 1979.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3 - Identification of Criminals › Section 29-3-8.1 - Repealed.

History:
Laws 2002, ch. 46, § 2; repealed by Laws 2019, ch. 203, § 8.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 203, § 8 repealed 29-3-8.1 NMSA 1978, as enacted by Laws 2002, ch. 46, § 2, relating to petition to expunge arrest information, effective January 1, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3 - Identification of Criminals › Section 29-3-9 - Instruction.

The governor or the chief of the New Mexico state police may, when deemed necessary or advisable, detail and commission any member or members of the New Mexico state police to attend as a student any school of instruction, now or which may hereafter be established and operated by the United States or any of its agencies, having for its purpose the instruction and training of operators in crime detection and identification, investigation and apprehension of criminals. Such person or persons so detailed and commissioned shall, when they are members of the New Mexico state police, draw the same salaries and allowances as when on duty in this state and shall be deemed to be on leave of absence for such purpose. All other persons so detailed and commissioned for such purpose shall be paid such compensation and allowance as may be provided by law.
History:
Laws 1935, ch. 149, § 13; 1941 Comp., § 40-309; 1953 Comp., § 39-3-9; Laws 1977, ch. 257, § 50; 1979, ch. 202, § 41.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3 - Identification of Criminals › Section 29-3-10 - DNA collection from persons arrested.

A. A person eighteen years of age or over who is arrested for the commission of a felony under the laws of this state or any other jurisdiction shall provide a DNA sample to jail or detention facility personnel upon booking. A sample is not required if it is determined that a sample has previously been taken, is in the possession of the administrative center, has not been expunged pursuant to the DNA Identification Act [Chapter 29, Article 16 NMSA 1978] and is sufficient for DNA identification testing.
B. Jail or detention facility personnel who collect samples pursuant to this section shall forward the samples to the administrative center. A sample shall not be analyzed and shall be destroyed unless one of the following conditions has been met:
(1) the arrest was made upon an arrest warrant for a felony;
(2) the defendant has appeared before a judge or magistrate who made a finding that there was probable cause for the arrest; or
(3) the defendant posted bond or was released prior to appearing before a judge or magistrate and then failed to appear for a scheduled hearing.
C. Samples shall be collected in accordance with rules and procedures adopted by the DNA oversight committee, shall be subject to the confidentiality and penalty provisions of the DNA Identification Act and shall be used only as authorized by that act.
D. As used in this section:
(1) "administrative center" means the law enforcement agency or unit that administers and operates the DNA identification system pursuant to the provisions of the DNA Identification Act;
(2) "DNA" means deoxyribonucleic acid; and
(3) "sample" means a sample of biological material that is sufficient for DNA testing.
History:
Laws 2006, ch. 104, § 1; 2011, ch. 84, § 1.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, required DNA samples from all persons arrested for commission of a felony if the arrest was made upon an arrest warrant, a judge or a magistrate has found probable cause for the arrest, or the defendant failed to appear for a hearing after posting bond.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3 - Identification of Criminals › Section 29-3-11 - Uniform crime reporting system established; duties of department.

A. The department of public safety shall develop, operate and maintain a uniform crime reporting system and shall be the central repository for the collection, storage, retrieval and analysis of crime incident and arrest reports generated by all law enforcement agencies in this state. The system shall be operational as of January 1, 2008.
B. The department shall:
(1) compile statistical data and forward such data as required to the federal bureau of investigation or the appropriate department of justice agency in accordance with standards and procedures of the national system;
(2) provide forms, standards and procedures and related training to state and local law enforcement agencies as necessary for the agencies to report incident and arrest activity for inclusion in the statewide system;
(3) in conjunction with the New Mexico sentencing commission, annually publish a report on the nature and extent of crime in New Mexico and submit the report to the governor and to the legislature;
(4) maintain the privacy and security of information in accordance with applicable state and federal laws;
(5) provide the New Mexico sentencing commission access to the data collected and maintained by the department; and
(6) establish rules as necessary to implement the provisions of this section.
C. Every law enforcement agency in the state shall:
(1) submit crime incident reports to the department of public safety on forms or in the format prescribed by the department;
(2) submit any other crime incident information as may be required by the department of public safety; and
(3) use the unique code assigned to the crime from the master charge code table distributed by the New Mexico justice information sharing council for the automated fingerprint identification system and use uniform crime incident reporting as provided by the department for all incidents and arrests.
D. The annual report and other statistical data reports generated by the department shall be made available to state and local law enforcement agencies, the administrative office of the courts and the general public.
History:
Laws 2007, ch. 37, § 1; 2019, ch. 192, § 3.
ANNOTATIONS
Cross references.
— For duty of state police to establish and maintain complete systems for the identification of criminals,
see
29-3-1 NMSA 1978.
For the public safety department,
see
9-19-4 NMSA 1978.
The 2019 amendment,
effective July 1, 2019, required the department of public safety to share data with the New Mexico sentencing commission; in Subsection B, added Paragraph B(5); in Subsection C, Paragraph C(3), after "use the", deleted "state uniform statutory charge codes" and added "unique code assigned to the crime from the master charge code table distributed by the New Mexico justice information sharing council"; and in Subsection D, after "law enforcement agencies," added "the administrative office of the courts".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3 - Identification of Criminals › Section 29-3-12 - Updates to criminal history records.

The department of public safety shall maintain an electronic subscription service to provide notice of updates to criminal history records, including dispositions, for agencies authorized by law to receive particular criminal history record information. The department shall update, upon receipt, criminal history repository records and dispositions pursuant to any change in information discovered by the department. Within forty-eight hours after the department becomes aware that an individual's criminal history record information in a repository record has changed, the department shall provide notice of the updated information to any agency authorized by law to receive information on that particular record.
History:
Laws 2011, ch. 83, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 83 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3A - Criminal Record Expungement › Section 29-3A-1 - Short title.

Chapter 29, Article 3A NMSA 1978 may be cited as the "Criminal Record Expungement Act".
History:
Laws 2019, ch. 203, § 1; 2021 (1st S.S.), ch. 3, § 3.
ANNOTATIONS
The 2021
(1st S.S.)
amendment,
effective June 29, 2021, changed "This act" to "Chapter 29, Article 3A NMSA 1978".