Chapter 29 — Chapter 29

A. A law enforcement officer present and observing another officer using physical force, including deadly physical force, that the law enforcement officer has probable cause to believe is excessive based on the totality of the circumstances shall intervene to prevent the use of e…

This act [29-8-1 to 29-8-3 NMSA 1978] may be cited as the "Mutual Aid Act". History: 1953 Comp., § 39-7-1, enacted by Laws 1971, ch. 153, § 1.

As used in the Mutual Aid Act, "public agency" includes the federal government or any department or agency thereof, an Indian tribal council, Indian pueblo council and the state or any county or municipality thereof. History: 1953 Comp., § 39-7-2, enacted by Laws 1971, ch. 153, §…

Any state, county or municipal agency having and maintaining peace officers may enter into mutual aid agreements with any public agency as defined in the Mutual Aid Act, with respect to law enforcement, provided any such agreement shall be approved by the agency involved and the …

Sections 29-9-1 through 29-9-17 NMSA 1978 may be cited as the "Organized Crime Act". History: 1953 Comp., § 39-9-1, enacted by Laws 1973, ch. 225, § 1; 1977, ch. 215, § 1.

The commission is authorized to receive such grants, subsidies, donations, allotments or bequests as may be offered to the state, by the federal government or any department thereof, or by any public or private foundation or individuals for the investigation or suppression of org…

Investigators appointed and employed by the commission shall be peace officers and have the powers and duties afforded peace officers. History: 1953 Comp., § 39-9-10, enacted by Laws 1973, ch. 225, § 10; 1977, ch. 215, § 7. 29-9-12 to 29-9-16. Repealed.

A. As used in this section: (1) "hearing" means any hearing in the course of an investigatory proceeding conducted before the commission at which testimony or the production of other evidence is compelled by subpoena; (2) "public hearing" means any hearing open to the public, or …

ANNOTATIONS Repeals. — Laws 2003, ch. 223, § 3 repealed 29-9-18 NMSA 1978, as enacted by Laws 1981, Ch. 234, § 1, relating to a task force studying the governor's organized crime prevention commission. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com. A…

As used in the Organized Crime Act: A. "organized crime" means the supplying for profit of illegal goods and services, including, but not limited to, gambling, loan sharking, narcotics and other forms of vice and corruption, by members of a structured and disciplined organization…

A. There is created the "governor's organized crime prevention commission". The commission shall consist of seven members appointed by the governor with the advice and the consent of the senate. No more than four members shall belong to the same political party and at least one m…

The purpose of the commission is to forestall, check and prevent the infiltration and encroachment of organized crime into public and private affairs within New Mexico by: A. investigating the extent to which organized crime and racketeering has or has not infiltrated and encroac…

A. The commission shall: (1) assess and evaluate the activities and problems involving organized crime within New Mexico; (2) develop a comprehensive plan for the suppression and control of organized crime in New Mexico and its encroachment into the state; (3) recommend programs …

ANNOTATIONS Repeals. — Laws 1989, ch. 204, § 26 repealed 29-9-6 NMSA 1978, as enacted by Laws 1973, ch. 225, § 5, relating to employees, effective July 1, 1989. For provisions of former section, see the 1988 NMSA 1978 on NMOneSource.com.

Nothing contained in the Organized Crime Act shall be construed to supersede, repeal or limit any power, duty or function of the executive department, or any agency of the state, or any political subdivision thereof, conferred by law. History: 1953 Comp., § 39-9-6, enacted by Law…

A. Upon application of the commission, a district court may impound an exhibit marked in evidence at any public or private hearing held by the commission, and may order the exhibit to be retained by or delivered to and placed in the custody of the commission. If impounded, an exh…

A. If, in the course of any investigation or hearing conducted by the commission pursuant to the Organized Crime Act, a person refuses to answer a question or questions or produce evidence of any kind on the ground that he will thereby be exposed to criminal prosecution or penalt…

Chapter 29, Article 10 NMSA 1978 may be cited as the "Arrest Record Information Act". History: 1953 Comp., § 39-10-1, enacted by Laws 1975, ch. 260, § 1; 1993, ch. 260, § 2.

The legislature finds and declares that the responsible exchange of complete and accurate information among law enforcement agencies is recognized as necessary and indispensable to effective law enforcement. Individual rights, however, may be infringed if information is inaccurat…

As used in the Arrest Record Information Act, "arrest record information" means notations of the arrest or detention or indictment or filing of information or other formal criminal charge against an individual made by a law enforcement agency. History: 1953 Comp., § 39-10-3, enac…

Arrest record information that reveals confidential sources, methods, information or individuals accused but not charged with a crime and that is maintained by the state or any of its political subdivisions pertaining to any person charged with the commission of any crime is conf…

A law enforcement agency may disseminate arrest record information to a federal, state or local government law enforcement agency, provided that when the arrest record information is disseminated to a law enforcement agency situated outside this state, the information shall be ac…

A. Upon satisfactory verification of his identity, any individual may inspect, in person, through counsel or through his authorized agent, arrest record information maintained by a law enforcement agency concerning him. B. Personnel assigned to contractual research for a state or…

A. Information contained in the following documents shall be available for public inspection: (1) posters, announcements or lists for identifying or apprehending fugitives or wanted persons; (2) original records of entry such as police blotters maintained by criminal justice agen…

A person who believes that arrest record information concerning him is inaccurate or incomplete is, upon satisfactory verification of his identity, entitled to review the information and obtain a copy of it for the purpose of challenge or correction. In the event a law enforcemen…

This act [29-11-1 to 29-11-7 NMSA 1978] may be cited as the "Sexual Crimes Prosecution and Treatment Act". History: Laws 1978, ch. 27, § 1.

The purpose of the Sexual Crimes Prosecution and Treatment Act is to promote effective law enforcement and prosecution of sexual crimes and to provide medical and psychological assistance for victims of such crimes. Implementation of the Sexual Crimes Prosecution and Treatment Ac…

As used in the Sexual Crimes Prosecution and Treatment Act: A. "administrator" means the director of the mental health division of the department of health, or such person or office as the administrator may designate to act in his stead; B. "evidence" means that evidence relating…

A. There is created in the state treasury the "sexual crimes prosecution and treatment fund". Money appropriated to the fund shall be used to carry out the purposes of the Sexual Crimes Prosecution and Treatment Act. B. The fund shall be administered by the administrator. History…

A. The administrator shall develop, with the cooperation of the criminal justice department [corrections department], the New Mexico state police, the New Mexico law enforcement academy, other authorized law enforcement agencies and existing community-based victim treatment progr…

By December 15 of each year, a report shall be filed with the governor and the legislative council by the administrator concerning all aspects of the sexual crimes prosecution and treatment program and specifically the administrator's conclusions and recommendations regarding the…

The administrator shall: A. provide free forensic medical exams to victims of sexual crimes; B. arrange for victims of sexual crimes to obtain free forensic medical exams; or C. reimburse victims of sexual crimes for the cost of forensic medical exams, provided that: (1) the reim…

Chapter 29, Article 11A NMSA 1978 may be cited as the "Sex Offender Registration and Notification Act". History: Laws 1995, ch. 106, § 1; 1999, ch. 19, § 1.

If any part or application of the Sex Offender Registration and Notification Act is held invalid, the remainder of that act and its application to other situations or persons shall not be affected. History: Laws 2005, ch. 279, § 8.

A. The legislature finds that: (1) sex offenders pose a significant risk of recidivism; and (2) the efforts of law enforcement agencies to protect their communities from sex offenders are impaired by the lack of information available concerning convicted sex offenders who live wi…

As used in the Sex Offender Registration and Notification Act: A. "business day" means a day that is not a Saturday, a Sunday or a state holiday; B. "conviction" means a conviction in any court of competent jurisdiction and includes a deferred sentence, but does not include a con…

verification; criminal penalty for noncompliance. A. A sex offender residing in this state shall register with the county sheriff for the county in which the sex offender resides. B. A sex offender who is a resident of New Mexico shall initially register with the county sheriff n…

Mexico to another state. A. If a sex offender intends to move from New Mexico to another state, no later than thirty days prior to moving to the other state, he shall: (1) notify the county sheriff of the county he resides in that he is moving to the other state; and (2) provide …

department of public safety; participation in the national sex offender registry; rules. A. A county sheriff shall maintain a local registry of sex offenders in the sheriff's jurisdiction required to register pursuant to the provisions of the Sex Offender Registration and Notific…

registered sex offenders; active community notification; internet web site. A. If a sex offender is convicted of one of the following sex offenses, the county sheriff shall forward registration information obtained from the sex offender to the district attorney for the judicial d…

ANNOTATIONS Repeals. — Laws 1999, ch. 19, § 9 repealed 29-11A-6 NMSA 1978, as enacted by Laws 1995, ch. 106, § 6, relating to restrictions on the dissemination of information regarding sex offenders. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. For…

A. A court shall provide a sex offender convicted in that court with written notice of his duty to register pursuant to the provisions of the Sex Offender Registration and Notification Act. The written notice shall be included in judgment and sentence forms provided to the sex of…

Nothing in the Sex Offender Registration and Notification Act creates a cause of action on behalf of a person against a public employer, public employee or public agency responsible for enforcement of the provisions of that act, so long as the public employer, public employee or …

A. The state preempts the field of sex offender registration and notification. Cities, counties, home rule municipalities and other political subdivisions of the state are prohibited from adopting or continuing in effect any ordinance, rule, regulation, resolution or statute on s…

This act [29-12A-1 to 29-12A-6 NMSA 1978] may be cited as the "Crime Stoppers Act". History: Laws 2003, ch. 249, § 1.

A. The "crime stoppers advisory council" is created. The council shall consist of five members from local crime stoppers programs, four of whom shall be from the four quadrants of the state and one from Albuquerque. All members of the council shall be appointed by the governor fo…

A. The powers and duties of the crime stoppers advisory council are to: (1) advise and assist in the creation and maintenance of local crime stoppers programs; (2) certify local crime stoppers programs for the purposes of confidentiality of records, privileges and immunities set …

A. Evidence of a communication between a person submitting a report to a local crime stoppers program and the person accepting the report on behalf of the program is not admissible in a court or an administrative proceeding, except as provided in Subsection B of this section. B. …

A. It is unlawful for any member, officer or employee of a local crime stoppers program to reveal to an individual, other than the proper law enforcement agencies: (1) information gained through the program relating to criminal activity; or (2) the contents of records and reports…

A person who in good faith communicates a report of criminal activity to a crime stoppers program or who in good faith receives, forwards or acts upon such a report is immune from civil liability for any act or omission resulting in the arrest, filing of criminal charges or trial…