2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 27B - Private Investigations › Section 61-27B-25 - Prohibited acts. (Repealed effective July 1, 2030.)

A. A licensee or registrant may divulge to a law enforcement officer or district attorney, the attorney general or the attorney general's representatives information the licensee or registrant acquires concerning a criminal offense, but the licensee or registrant shall not divulge to any other person, except as the licensee or registrant is required by law, information acquired by the licensee or registrant except at the direction of the licensee's or registrant's employer or the client for whom the information was obtained.
B. No licensee or registrant shall knowingly make a false report to the licensee's or registrant's employer or the client for whom the information was being obtained.
C. No written report shall be submitted to a client except by the licensee, or a person authorized by the licensee, and the person submitting the report shall exercise diligence in ascertaining whether the facts and information of the report are true and correct.
D. No private investigator, private investigations manager or private investigations employee shall use a badge in connection with the official activities of the licensee's or employee's employment for a private investigation company.
E. No licensee or registrant shall use a title or wear a uniform, use an insignia, use an identification card or make a statement with the intent to give an impression that the licensee or registrant is connected in any way with the federal or state government or a political subdivision of either.
F. No private patrol operator licensee, private patrol operations manager or level three security guard shall use a badge except when engaged in guard or patrol work and while wearing a uniform.
G. No licensee or registrant shall appear as an assignee party in a proceeding involving a claim and delivery action to recover or possess property or action for foreclosing a chattel mortgage, mechanic's lien, materialman's lien or any other lien.
H. A polygraph examiner shall not ask questions during the course of a polygraph examination relative to sexual affairs of an examinee, the examinee's race, creed, religion or union affiliation or an activity not previously and specifically agreed to by written consent.
History:
Laws 1993, ch. 212, § 12; § 61-27A-12 recompiled as § 61-27B-25; 2007, ch. 115, § 25.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of the section,
see
61-27B-36 NMSA 1978.
Recompilations.
— For recompilation of this section,
see
compiler's note following 61-27B-1 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, prohibits the use of badges by private investigations managers, private investigations employees, private patrol operations managers and level three security guards.
Liability for malicious prosecution.
— Since a defendant cannot be held liable for malicious prosecution unless he takes some active part in instigating or encouraging prosecution, a private investigator's submission of a copy of his report concerning the plaintiff's activities to the district attorney's office for possible further investigation, which he is authorized to do under this section, does not amount to the institution of criminal proceedings.
Zamora v. Creamland Dairies, Inc.
, 1987-NMCA-144, 106 N.M. 628, 747 P.2d 923.