reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 13 - Law Enforcement Protection Fund › Section 29-13-9 - Expenditures of money distributed from the law enforcement protection fund; wrongful expenditure.

A. Amounts distributed from the fund shall be expended only for the specific purposes for which they are distributed and shall not be distributed for accumulation, except as provided for the peace officers' survivors fund.
B. Any person who expends or directs or permits the expenditure of any money distributed from the fund for purposes other than those expressly authorized by the Law Enforcement Protection Fund Act shall be personally liable to the state for the amount of money wrongfully expended and interest and costs. An action to recover the amount of any wrongful expenditure may be commenced by the attorney general or the district attorney upon the filing with that officer of a verified statement describing the wrongful expenditure.
History:
Laws 1983, ch. 289, § 9; 1993, ch. 179, § 11; 2002, ch. 78, § 8.
ANNOTATIONS
The 2002 amendment,
effective May 15, 2002, added the exception clause in Subsection A.
The 1993 amendment,
effective June 18, 1993, deleted "law enforcement protection" preceding "fund" in Subsections A and B.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 14 - Peace Officer's Employer-Employee Relations › Section 29-14-1 - Short title.

Sections 1 through 11 [29-14-1 to 29-14-11 NMSA 1978] of this act may be cited as the "Peace Officer's Employer-Employee Relations Act".
History:
Laws 1991, ch. 117, § 1.
ANNOTATIONS
Private right of action.
— There is no express allowance of a private right of action anywhere in the POEERA.
Sedillo v. N.M. Dep't of Pub. Safety
, 2007-NMCA-002, 140 N.M. 858, 149 P.3d 955.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 14 - Peace Officer's Employer-Employee Relations › Section 29-14-2 - Findings and purpose.

A. The legislature finds and declares that effective law enforcement is dependent upon the maintenance of stable relations between peace officers and their employers. Moreover, the existence of stable relations between peace officers and their employers will enhance law enforcement services provided to the citizens of New Mexico.
B. The purpose of the Peace Officer's Employer-Employee Relations Act is to prescribe certain rights for peace officers, particularly when they are placed under investigation by their employer.
C. Provisions of this act only apply to administrative actions and shall not apply to criminal investigations of a peace officer except as provided in Section 8 [29-14-8 NMSA 1978] of this act.
History:
Laws 1991, ch. 117, § 2.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 14 - Peace Officer's Employer-Employee Relations › Section 29-14-3 - Definition.

As used in the Peace Officer's Employer-Employee Relations Act, "peace officer" or "officer" means any employee of a police or sheriff's department that is part of or administered by the state or any political subdivision of the state who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the state.
History:
Laws 1991, ch. 117, § 3.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 14 - Peace Officer's Employer-Employee Relations › Section 29-14-4 - Investigations of peace officers; requirements.

When any peace officer is under investigation by his employer for alleged actions that could result in administrative sanctions being levied against the officer, the following requirements shall be adhered to:
A. any interrogation of an officer shall be conducted when the officer is on duty or during his normal waking hours, unless the urgency of the investigation requires otherwise;
B. any interrogation of an officer shall be conducted at the employer's facility, unless the urgency of the investigation requires otherwise;
C. prior to commencement of any interrogation session:
(1) an officer shall be informed of the name and rank of the person in charge of the interrogation and all other persons who will be present during the interrogation;
(2) an officer shall be informed of the nature of the investigation, and the names of all known complainants shall be disclosed to the officer unless the chief administrator of the officer's employer determines that the identification of the complainant shall not be disclosed because it is necessary for the protection of an informant or because disclosure would jeopardize or compromise the integrity or security of the investigation; and
(3) a reasonable attempt shall be made to notify the officer's commanding officer of the pending interrogation;
D. during any interrogation session, the following requirements shall be adhered to:
(1) each interrogation session shall not exceed two hours unless the parties mutually consent to continuation of the session;
(2) there shall not be more than two interrogation sessions within a twenty-four hour period, unless the parties mutually consent to additional sessions, provided that there shall be at least a one-hour rest period between the sessions;
(3) the combined duration of an officer's work shift and any interrogation session shall not exceed fourteen hours within a twenty-four hour period, unless the urgency of the investigation requires otherwise;
(4) there shall not be more than two interrogators at any given time;
(5) an officer shall be allowed to attend to physical necessities as they occur in the course of an interrogation session; and
(6) an officer shall not be subjected to offensive language or illegal coercion by his interrogator in the course of an interrogation session;
E. any interrogation of an officer shall be recorded, either mechanically or by a stenographer, and the complete interrogation shall be published as a transcript; provided that any recesses called during the interrogation shall be noted in the transcript; and
F. an accurate copy of the transcript or tape shall be provided to the officer, upon his written request, no later than fifteen working days after the investigation has been completed.
History:
Laws 1991, ch. 117, § 4.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 14 - Peace Officer's Employer-Employee Relations › Section 29-14-5 - Polygraph examinations.

After reviewing all the information collected in the course of an investigation of a peace officer, the chief administrator of the officer's employer may order the officer to submit to a polygraph examination administered by a licensed polygraph examiner, provided that:
A. all other reasonable investigative means have been exhausted; and
B. the officer has been advised of the administrator's reasons for ordering the polygraph examination.
History:
Laws 1991, ch. 117, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Construction and application of Employee Polygraph Protection Act of 1988 (29 USCA §§ 2001 et seq.), 154 A.L.R. Fed. 315.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 14 - Peace Officer's Employer-Employee Relations › Section 29-14-6 - Investigation of administrative matters.

When any peace officer is under investigation for an administrative matter, the officer shall be permitted to produce any relevant documents, witnesses or other evidence to support his case and he may cross-examine any adverse witnesses during any grievance process or appeal involving disciplinary action.
History:
Laws 1991, ch. 117, § 6.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 14 - Peace Officer's Employer-Employee Relations › Section 29-14-7 - Personnel files.

A. No document containing comments adverse to a peace officer shall be entered into his personnel file unless the officer has read and signed the document. When an officer refuses to sign a document containing comments adverse to him, the document may be entered into an officer's personnel file if:
(1) the officer's refusal to sign is noted on the document by the chief administrator of the officer's employer; and
(2) the notation regarding the officer's refusal to sign the document is witnessed by a third party.
B. A peace officer may file a written response to any document containing adverse comments entered into his personnel file and the response shall be filed with the officer's employer within thirty days after the document was entered into the officer's personnel file. A peace officer's written response shall be attached to the document.
History:
Laws 1991, ch. 117, § 7.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 14 - Peace Officer's Employer-Employee Relations › Section 29-14-8 - Constitutional rights; notification.

When any peace officer is under administrative investigation and a determination is made to commence a criminal investigation, he shall be immediately notified of the investigation and shall be afforded all the protections set forth in the bill of rights of the United States and New Mexico constitutions.
History:
Laws 1991, ch. 117, § 8.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 14 - Peace Officer's Employer-Employee Relations › Section 29-14-9 - Forced disclosure of financial status prohibited.

A peace officer shall not be required by his police or sheriff's department employer to disclose information regarding his financial status, unless all other reasonable investigative means have been exhausted or except as otherwise required by law.
History:
Laws 1991, ch. 117, § 9.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 14 - Peace Officer's Employer-Employee Relations › Section 29-14-10 - Political activity.

A. A peace officer shall not be prohibited by his police or sheriff's department employer from engaging in any political activity when the officer is off duty, except as otherwise required by law.
B. Notwithstanding the provisions of Subsection A of this section, any peace officer employed by the New Mexico state police department shall be governed by the provisions of regulations adopted by the department regarding political activity.
History:
Laws 1991, ch. 117, § 10.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 14 - Peace Officer's Employer-Employee Relations › Section 29-14-11 - Exercise of rights.

A peace officer shall not be subjected to any retaliation by his employer due to the officer's lawful exercise of his rights under the Peace Officer's Employer-Employee Relations Act.
History:
Laws 1991, ch. 117, § 11.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-1 - Short title.

Chapter 29, Article 15 NMSA 1978 may be cited as the "Missing Persons Information and Reporting Act".
History:
Laws 1995, ch. 146, § 1; 2010, ch. 32, § 1; 2010, ch. 33, § 2.
ANNOTATIONS
2010 Multiple Amendments.
— Laws 2010, ch. 32, § 1 and Laws 2010, ch. 33, § 2 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2010, ch. 33, § 2, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2010, ch. 32, § 1 and Laws 2010, ch. 33, § 2 are described. To view the session laws in their entirety,
see
the 2010 session laws on
NMOneSource.com
.
Laws 2010, ch. 33, § 2, effective May 19, 2010, changed "This act" to "Chapter 29, Article 15 NMSA 1978" and changed the name of the act from the "Missing Persons Information Act" to the "Missing Persons Information and Reporting Act".
Laws 2010, ch. 32, § 1, effective May 19, 2010, deleted "This act" and added "Chapter 29, Article 15 NMSA 1978".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-3.1 - Endangered person advisory.

A. The department of public safety shall issue an endangered person advisory if, after review and investigation of a missing person report of an endangered person, the department makes an independent determination that the missing person is an endangered person.
B. The department shall develop and implement endangered person advisory procedures for the purpose of disseminating, as rapidly as possible, information about an endangered person. The procedures shall include:
(1) notification to the lead station of the endangered person advisory;
(2) notification to other public and private media sources and members of the public as necessary; and
(3) providing information about the endangered person, including all identifying information, to the lead station and other media sources.
History:
Laws 2007, ch. 119, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 119, § 4 made the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-3.2 - Silver alert advisory.

A. The department of public safety shall issue a silver alert if, after review and investigation of a missing person report of a person subject to the alert, the department makes an independent determination that the missing person is a person subject to the alert.
B. The department of public safety shall develop and implement a silver alert plan for the purpose of disseminating, as rapidly as possible, information about a person subject to the alert. The plan shall:
(1) provide a procedure for the department to notify the lead station that a silver alert has been declared. The procedure shall include codes for use by the department in communicating with the lead station to prevent false alerts;
(2) provide a procedure in which other state and private print, radio, television or other media may alert members of the public of the missing person;
(3) include a procedure for notifying the department of information technology that a silver alert has been declared. The department of information technology shall immediately transmit the notification and related information to all state field operations employees so that they may be aware and vigilant in the course of their regular activities;
(4) require cellular service companies to implement silver alerts in accordance with the federal communication commission's wireless emergency alerts processes;
(5) include a procedure for notifying all local and federal law enforcement agencies that a silver alert has been declared;
(6) provide for dissemination of information about the missing person to the lead station, the department of information technology and local law enforcement agencies when a silver alert has been declared; and
(7) provide for collecting and maintaining the following records regarding each silver alert issued:
(a) the municipality where the missing person report originated;
(b) the age of the missing person;
(c) the gender of the missing person;
(d) the date of the missing person report;
(e) the date the silver alert is issued; and
(f) the date of recovery of the missing person.
C. The department of public safety shall distribute the silver alert notification plan to all local law enforcement agencies and provide such training and other assistance as is necessary to ensure that the plan can be properly implemented.
D. Once a silver alert has been declared, only the department of public safety may terminate the silver alert.
History:
Laws 2013, ch. 81, § 1; 2019, ch. 50, § 2.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, expanded the notification and reporting requirements for missing persons who are fifty years or older or about whom there is a clear indication that the individual suffers from Alzheimer's disease or another form of dementia, regardless of age; in Subsection B, after "department", added "of public safety", and deleted former Paragraphs B(1) through B(3) and added new Paragraphs B(1) through B(7); and added Subsections C and D.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-3.3 - Brittany alert advisory.

A. The department of public safety shall issue a Brittany alert if, after review and investigation of a missing person report of a person subject to the alert, the department makes an independent determination that the missing person is a person subject to the alert.
B. The department shall develop and implement Brittany alert procedures for the purpose of disseminating, as rapidly as possible, information about a person subject to the alert. The procedures shall include:
(1) notification to the lead station of the Brittany alert;
(2) notification to other public and private media sources and members of the public as necessary; and
(3) the provision of information about the subject of the Brittany alert, including all identifying information, to the lead station and other media sources.
History:
Laws 2016, ch. 8, § 2.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 8, § 3 made Laws 2016, ch. 8, § 2 effective July 1, 2016.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-3.4 - Department of public safety; Mark Daniel Aguilar information sharing requirement.

A. Within thirty days, the department of public safety shall share with the national missing and unidentified persons system created by the United States department of justice's national institute of justice:
(1) all information in the missing persons information clearinghouse; and
(2) all information the department receives pursuant to the Missing Persons Information and Reporting Act regarding the identification and location of missing and unidentified persons or human remains.
B. The requirements pursuant to this section shall be known as the "Mark Daniel Aguilar information sharing requirement".
History:
Laws 2019, ch. 120, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 120 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-4 - State department of public education; cooperation with clearinghouse.

The state department of public education [public education department] shall cooperate with the clearinghouse in seeking to locate missing children who may be enrolled in New Mexico school systems, including private schools, and for the reporting of children who may be missing or who may be unlawfully removed from schools.
History:
Laws 1995, ch. 146, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the public education department,
see
9-24-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-5 - Custodian or immediate family member request for information.

A. Upon written or oral request to a law enforcement agency by a custodian or immediate family member of a missing person, the law enforcement agency shall immediately request from the clearinghouse information concerning the missing person that may aid the custodian or immediate family member in the identification or location of the missing person.
B. A law enforcement agency to which a request has been made pursuant to Subsection A of this section shall report to the custodian or immediate family member on the results of its inquiry to the clearinghouse within seven calendar days after the day the request is received by the law enforcement agency, or as soon as the results of its inquiry become available, whichever occurs last.
C. A law enforcement agency shall not report to a custodian or immediate family member pursuant to Subsection B of this section if the missing person is not a minor, has been found and has informed a law enforcement agency or the clearinghouse that the person requests confidentiality regarding the person's status and location. If the missing person who requests confidentiality regarding the person's status and location is a person with a custodian appointed by a judge, the law enforcement agency shall inform the court that the person has been found and has requested confidentiality regarding the person's status and location. A law enforcement agency shall also report to the custodian that the person has been found unless there is competent evidence that to do so may cause harm to the incapacitated person.
D. The Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] shall not apply to a request to inspect records regarding a person who has requested confidentiality pursuant to Subsection C of this section.
History:
Laws 1995, ch. 146, § 5; 2010, ch. 33, § 5; 2021, ch. 39, § 1.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, required confidentiality in certain circumstances for a person who has been reported missing and is found by law enforcement, provided additional duties for law enforcement under these circumstances, and provided that the Inspection of Public Records Act shall not apply to a request to inspect records regarding a person who has been reported missing, is found by law enforcement and has requested confidentiality; and added Subsections C and D.
The 2010 amendment,
effective May 19, 2010, in Subsection A, after "Upon written", deleted "notification" and added "or oral request"; after "information concerning the", added "missing"; and after "location of the", added "missing"; and in Subsection B, after "law enforcement agency to which", deleted "notification" and added "a request"; after "request has been", deleted "provided" and added "made"; after "results of its inquiry", added "to the clearinghouse"; and after "days after the day the", deleted "written notification" and added "request".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-6 - Missing person report forms.

A. The clearinghouse shall distribute missing person report forms to law enforcement agencies in the state.
B. A missing person report may be made to a law enforcement agency in person, or by telephone, electronic media or other indirect method of communication and the person taking the report may enter the information on the form for the reporter. A missing person report form may be completed by the reporter and delivered to a law enforcement officer.
C. A copy of the missing person report form shall be filed with the clearinghouse.
D. A missing person report form shall include, to the extent available, the following information:
(1) the missing person's:
(a) name, including any alternative names used;
(b) date of birth;
(c) identifying marks, including birthmarks, moles, tattoos and scars;
(d) height and weight;
(e) gender;
(f) race;
(g) current hair color and true or natural hair color;
(h) eye color;
(i) prosthetics, surgical implants or cosmetic implants;
(j) physical anomalies;
(k) blood type;
(l) driver's license number; and
(m) social security number;
(2) a photograph of the missing person, with a recent photograph being preferable;
(3) a description of the clothing the missing person was believed to be wearing;
(4) a description of items that might be with the missing person, such as jewelry and accessories;
(5) information on the missing person's electronic communications devices, including cell phone numbers and email addresses;
(6) reasons why the reporting person believes that the person is missing;
(7) the name and location of the missing person's school or employer;
(8) the name and location of the missing person's dentist or primary care physician;
(9) any circumstances that may indicate that the disappearance of the missing person was not voluntary;
(10) any circumstances that indicate that the missing person may be at risk of injury or death;
(11) a description of the possible means of transportation of the missing person, including make, model, color, license and vehicle identification number of a vehicle;
(12) any identifying information about a known or possible abductor of the missing person or the person last seen with the missing person;
(13) any other information that can aid in locating the missing person; and
(14) the date of last contact with the missing person.
History:
Laws 1995, ch. 146, § 6; 2010, ch. 33, § 6.
ANNOTATIONS
The 2010 amendment,
effective May 19, 2010, in Subsection B, after "or by telephone," added "electronic media"; and added Subsection D.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-7.1 - Missing child reports; law enforcement agencies; duties; registrar.

A. Upon receiving a report of a child believed to be missing, a law enforcement agency shall:
(1) no later than two hours after receiving the report, enter identifying and descriptive information about the child into the national crime information center computer. Law enforcement agencies having direct access to the national crime information center computer shall enter and retrieve the data directly and shall cooperate in the entry and retrieval of data on behalf of law enforcement agencies that do not have direct access to the system; and
(2) notify the state registrar within twenty-four hours, by telephone, facsimile or electronic transmission, of the missing child. Within three days of this initial notification, the law enforcement agency shall make a written notification in a manner and form prescribed by the state registrar. Both notifications shall include the missing child's name, date of birth and county and state of birth; the mother's maiden name; the name of the noncustodial parent if the parents are not married; the name and telephone number of a contact person at the reporting law enforcement agency; and any other information required by the state registrar.
B. Immediately after a missing child is located, the law enforcement agency that located or returned the missing child shall notify the law enforcement agency having jurisdiction over the investigation, and the originating agency shall clear the entry from the national crime information center computer and shall, within twenty-four hours, notify the state registrar in writing that the missing child has been located.
History:
1978 Comp., § 29-15-7.1, as enacted by Laws 2010, ch. 33, § 8.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 33 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-8 - Release of dental records; immunity.

A. At the time a missing person report is made, the law enforcement agency to which the missing person report is given shall provide a dental record release form conforming to the requirements of the federal Health Insurance Portability and Accountability Act of 1996 to the custodian or immediate family member of the missing person, provided that the custodian or immediate family member is authorized pursuant to that federal act to execute a release on behalf of the missing person. The law enforcement agency shall endorse the dental record release form with a notation that a missing person report has been made in compliance with the provisions of the Missing Persons Information and Reporting Act. When the dental record release form is properly completed by the custodian or immediate family member of the missing person and contains the endorsement, the form is sufficient to permit a dentist or physician in this state to release dental records relating to the missing person to the law enforcement agency.
B. If a release form cannot be executed, the law enforcement agency shall seek disclosure of the dental records of a missing person directly from the records custodian pursuant to the provisions of the federal Health Insurance Portability and Accountability Act of 1996 that allow disclosure of health information for law enforcement purposes.
C. The law enforcement agency shall send the dental records to the clearinghouse.
D. A dentist or physician who releases dental records pursuant to this section is immune from civil liability or criminal prosecution for the release of the dental records.
History:
Laws 1995, ch. 146, § 8; 2010, ch. 33, § 10.
ANNOTATIONS
The 2010 amendment,
effective May 19, 2010, in Subsection A, in the first sentence, after "dental record release form", added "conforming to the requirements of the federal Health Insurance Portability and Accountability Act of 1996" and after "family member of the missing person", added "provided that the custodian or immediate family member is authorized pursuant to that federal act to execute a release on behalf of the missing person"; and in the second sentence, after "Missing Persons Information", added "and Reporting"; deleted the former language of Subsection B, which authorized a district court judge to release dental records of a missing person to a law enforcement agency; added the current language of Subsection B; and in Subsection D, after "physician who releases dental records", deleted "to a person presenting a proper release executed or ordered".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-9 - Cross-checking and matching.

A. The clearinghouse shall cross-check and attempt to match unidentified human remains with descriptions of missing persons. When the clearinghouse discovers a possible match between unidentified human remains and a missing person description, the clearinghouse shall notify the appropriate law enforcement agencies.
B. Law enforcement agencies that receive notice of a possible match shall make arrangements for positive identification. If a positive identification is made, the law enforcement agency shall complete and close the investigation with written notification to the clearinghouse.
C. Law enforcement agencies that receive notice of a possible match between human remains and a missing person description shall notify the office of the state medical investigator.
History:
Laws 1995, ch. 146, § 9; 2010, ch. 33, § 11.
ANNOTATIONS
The 2010 amendment,
effective May 19, 2010, in Subsection A, in the first sentence, after "to match unidentified", deleted "bodies" and added "human remains"; and in the second sentence, after "possible match between unidentified", deleted "body" and added "human remains"; and added Subsection C.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-10 - Interagency cooperation.

A. State agencies and public and private schools shall cooperate with a law enforcement agency that is investigating a missing person report and shall furnish any information that will assist the law enforcement agency in completing the investigation.
B. Information provided by a state agency or a public or private school shall not be released to any person outside the law enforcement agency or the clearinghouse, except as provided by rule of the department of public safety.
History:
Laws 1995, ch. 146, § 10; 2010, ch. 33, § 12.
ANNOTATIONS
The 2010 amendment,
effective May 19, 2010, in Subsection B, after "except as provided by", deleted "regulation" and added "rule".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-11 - Confidentiality of records.

A. The department of public safety shall by rule provide for the classification of information and records as confidential that:
(1) are otherwise confidential under state or federal law or rules adopted pursuant to state or federal law;
(2) are related to the investigation by a law enforcement agency of a missing person or unidentified human remains, if the department of public safety, in consultation with the law enforcement agency, determines that release of the information would be deleterious to the investigation;
(3) are records or notations that the clearinghouse maintains for internal use in matters relating to missing persons and unidentified human remains and the department of public safety determines that release of the internal documents might interfere with an investigation by a law enforcement agency in New Mexico or any other jurisdiction; or
(4) the department of public safety determines might interfere with an investigation or otherwise harm a person, custodian or reporter.
B. The rule may provide for the sharing of confidential information with the custodian or immediate family member of the missing person, except as provided pursuant to Section 29-15-5 NMSA 1978.
History:
Laws 1995, ch. 146, § 11; 2010, ch. 33, § 13; 2021, ch. 39, § 2.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, provided an exception to the provision authorizing the sharing of confidential information with the custodian or immediate family member of a missing person; and in Subsection B, after "missing person", added "except as provided pursuant to Section 29-15-5 NMSA 1978".
The 2010 amendment,
effective May 19, 2010, in Subsection A, after "public safety shall by", deleted "regulation" and added "rule"; in Paragraph (1) of Subsection A, after "state or federal law or", deleted "regulations" and added "rules"; in Paragraph (2) of Subsection A, after "missing person or unidentified", deleted "body" and added "human remains"; in Paragraph (3) of Subsection A, after "missing persons and unidentified", deleted "bodies" and added "human remains"; and in Subsection B, at the beginning of the sentence, after "The", deleted "regulation" and added "rule".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-12 - Attorney general to require compliance; removal or discipline.

A. The attorney general shall enforce state agency compliance with the provisions of the Missing Persons Information and Reporting Act as appropriate to assure the immediate response to a report of a missing person.
History:
Laws 1995, ch. 146, § 12; 2010, ch. 33, § 14.
ANNOTATIONS
The 2010 amendment,
effective May 19, 2010, in the catchline, after "compliance", added "; removal or discipline"; in Subsection A, after "The attorney general shall" deleted "require each law enforcement agency to comply with the provisions of the Missing Persons Information Act and may seek writs of mandamus or other appropriate remedies to enforce the provisions of that act" and added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15 - Missing Persons Information and Reporting › Section 29-15-13 - Missing in New Mexico event.

Each year, the department of public safety, in collaboration with the clearinghouse, shall host a "missing in New Mexico event" in support of all New Mexicans who are searching for missing relatives. The missing in New Mexico event is designated to:
A. provide an opportunity for federal, state, local and tribal governments to come together in one location and virtually to assist families to file missing persons reports, update missing persons reports, submit DNA records or meet with an investigator;
B. provide a network for New Mexicans with missing relatives to heal, access support services and access media outlets to distribute information about missing relatives to the general public; and
C. encourage the department of public safety, local law enforcement agencies, the office of the attorney general, the office of the state medical investigator, the Indian affairs department, the department of health and the behavioral health services and income support divisions of the human services department [health care authority department] to come together to provide support and services for New Mexican families with missing relatives.
History:
Laws 2022, ch. 3, § 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.
Emergency clauses.
— Laws 2022, ch. 3, § 3 contained an emergency clause and was approved February 24, 2022.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15A - AMBER Alert › Section 29-15A-1 - Short title.

This act [29-15A-1 to 29-15A-5] may be cited as the "AMBER Alert Law".
History:
Laws 2003, ch. 93, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 93, § 6 made Laws 2003, ch. 93, § 1 effective April 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15A - AMBER Alert › Section 29-15A-2 - Definitions.

As used in the AMBER Alert Law:
A. "AMBER alert" means a declaration by the authorized requester that an abduction has occurred and that notifications and broadcasts should be made pursuant to the AMBER alert notification plan;
B. "authorized requester" means the person designated by the chief of the state police to implement the AMBER alert notification plan;
C. "chief of the state police" means the director of the New Mexico state police division of the department of public safety;
D. "lead station" means an AM radio station that has been designated as the "state primary station" by the federal communications commission for the emergency alert system; and
E. "state police" means the New Mexico state police division of the department of public safety.
History:
Laws 2003, ch. 93, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 93, § 6 made Laws 2003, ch. 93, § 2 effective April 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15A - AMBER Alert › Section 29-15A-4 - AMBER alert; initiation by other law enforcement agencies.

A. The procedures for initiating an AMBER alert pursuant to the AMBER Alert Law are available to all law enforcement agencies in New Mexico; provided that nothing in that law prohibits a local law enforcement agency from developing and implementing its own similar notification plan; provided further that nothing in that act supercedes a provision or procedure in such a local notification plan.
B. If a law enforcement agency that has not developed and implemented its own similar plan desires that an AMBER alert be declared, it shall notify the authorized requester. The authorized requester shall declare an AMBER alert if, after evaluating the information, the authorized requester believes that the criteria for declaring an alert has been satisfied.
C. If an AMBER alert is initiated and there is information that the child's abductor may be traveling or has traveled across state lines, the authorized requester shall notify the other states or the Republic of Mexico in order for those governments to issue an alert. The state police shall work with all bordering states and the Republic of Mexico in order to establish agreements to carry out regional alerts.
History:
Laws 2003, ch. 93, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 93, § 6 made Laws 2003, ch. 93, § 4 effective April 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 15A - AMBER Alert › Section 29-15A-5 - Submission of false information; penalty.

A person who knowingly submits false information to a law enforcement agency regarding a child abduction is guilty of a petty misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978.
History:
Laws 2003, ch. 93, § 5.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 93, § 6 made Laws 2003, ch. 93, § 5 effective April 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 16 - DNA Identification › Section 29-16-1 - Short title.

Chapter 29, Article 16 NMSA 1978 may be cited as the "DNA Identification Act".
History:
Laws 1997, ch. 105, § 1; 2003, ch. 256, § 4.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003 substituted "Chapter 29, Article 16 NMSA 1978" for "This act [29-16-1 to 29-16-13 NMSA 1978]" at the beginning of the section.
Constitutionality.
— New Mexico's DNA Identification Act, which requires all persons arrested for certain crimes to provide a DNA sample, is not unconstitutional on its face, because weighing the law enforcement need to identify all persons it has arrested for committing a felony, and the sample's subsequent use in a database, against the minimally invasive means for securing the DNA sample from a defendant's cheek weighs in favor of concluding that the search is reasonable under the fourth amendment to the U.S. Constitution and of the N.M. Const., art. II, § 10.
State v. Blea
, 2018-NMCA-052, cert. denied.
Where defendant was convicted of multiple counts of first degree criminal sexual penetration and first degree kidnapping involving four separate victims, and where defendant claimed that New Mexico's DNA Identification Act, which requires all persons arrested for certain crimes to provide a DNA sample, is unconstitutional on its face, defendant's claim was denied, because weighing the law enforcement need to identify all persons it has arrested for committing a felony, and the sample's subsequent use under the combined DNA index system database, against the minimally invasive means for securing the DNA sample from a defendant's cheek weighs in favor of concluding that the search is reasonable under the fourth amendment to the U.S. Constitution and of the N.M. Const., art. II, § 10.
State v. Blea
, 2018-NMCA-052, cert. denied.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 16 - DNA Identification › Section 29-16-6.1 - Reimbursement of costs.

A. When the DNA testing of samples listed in Section 29-16-6 NMSA 1978 is required, the administrative center shall be reimbursed for the costs of the sample collection and DNA testing:
(1) of unidentified persons by the investigating law enforcement agency;
(2) of unidentified human remains by the state medical investigator or by the investigating law enforcement agency; and
(3) for relatives of, or known reference samples from, a missing person by the relatives of the missing person or by the investigating law enforcement agency.
B. Reimbursements shall be deposited in the fund.
History:
Laws 2003, ch. 256, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 256, § 12 made Laws 2003, ch. 256, § 2 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 16 - DNA Identification › Section 29-16-7 - Procedures for collection of samples.

A. The collection of samples pursuant to the provisions of Section 29-16-6 NMSA 1978 shall be conducted in a medically approved manner in accordance with rules and procedures adopted by the DNA oversight committee.
B. A person who collects samples shall be trained in procedures that meet the requirements and standards specified in Subsection A of this section.
C. A person authorized to collect samples and his employer shall be immune from liability in any civil or criminal action with regard to the collection of samples, if the collection is performed without negligence. This subsection shall not be deemed to create any additional liability or waive any immunity of public employees under the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978].
D. Samples shall be stored in accordance with rules and procedures adopted by the administrative center.
E. DNA testing shall be performed by the administrative center or a contract facility it may designate.
F. DNA records and samples shall be securely classified and stored by the administrative center.
History:
Laws 1997, ch. 105, § 7; 2003, ch. 256, § 10.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, deleted "regulations" following "rules" throughout the section; in Subsection A substituted "29-16-6 NMSA 1978" for "6 of the DNA Identification Act" following "provisions of Section" near the beginning; and substituted "by" for "at" near the end of Subsection F.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 16 - DNA Identification › Section 29-16-8 - Confidentiality; disclosure and dissemination of DNA records.

A. DNA records and samples are confidential and shall not be disclosed except as authorized in the DNA Identification Act pursuant to the rules and regulations developed and adopted by the DNA oversight committee.
B. The administrative center shall make DNA records available for identification, comparison and investigative purposes to local, state and federal law enforcement agencies and the state medical investigator pursuant to the rules developed and adopted by the DNA oversight committee. The administrative center may disseminate statistical or research information derived from samples and DNA testing if all personal identification is removed pursuant to the rules developed and adopted by the DNA oversight committee.
C. To minimize duplicate sample collection and testing, the administrative center may make information available, by secure electronic methods, to local, state and federal law enforcement agencies, the corrections department, jails and detention facilities for the purpose of verifying whether a sample has been collected from a specific individual. Information provided under this subsection shall not include DNA testing results.
History:
Laws 1997, ch. 105, § 8; 2003, ch. 256, § 11; 2006, ch. 104, § 5.
ANNOTATIONS
The 2006 amendment,
effective January 1, 2007, added Subsection C to provide for release of information in order to minimize duplicate sample collection and testing.
Severability.
— Laws 2006, ch. 104, § 11, effective January 1, 2007, provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
The 2003 amendment,
effective July 1, 2003, in Subsection B inserted "and the state medical investigator" following "law enforcement agencies" near the middle and deleted "and regulations" following "to the rules" throughout the section.