Chapter 29 — Chapter 29

Chapter 29, Article 13 NMSA 1978 may be cited as the "Law Enforcement Protection Fund Act". History: Laws 1983, ch. 289, § 1; 1993, ch. 179, § 2.

The purpose of the Law Enforcement Protection Fund Act is to provide for the equitable distribution of money to state police, municipal police, university police, tribal police, county sheriff's and school district police departments for use in the maintenance and improvement of …

As used in the Law Enforcement Protection Fund Act: A. "academy" means the New Mexico law enforcement academy; B. "division" means the local government division of the department of finance and administration; C. "fund" means the law enforcement protection fund; D. "governmental …

enforcement protection fund created. There is created in the state treasury the "law enforcement protection fund". Ten percent of all money received for fees, licenses and penalties from life, health, general casualty and title insurance business pursuant to the New Mexico Insura…

A. Annually on or before April 15, the division shall consider and determine the relative needs as requested by tribal, municipal, school district and university police departments, county sheriff's departments, the department of public safety and the academy for money in the fun…

No later than May 1 of each year, the division shall notify in writing each affected municipal police, school district police, university police, tribal police and county sheriff's department, the department of public safety and the academy of its determination of money to be dis…

A. Based on a periodic allotment approved by the division for the current fiscal year, the state treasurer shall distribute from the fund the amounts certified by the division to be distributed to governmental entities and the peace officers', New Mexico mounted patrol members' a…

A. Except as provided for the academy and the department of public safety in Subsections B and C of this section, amounts distributed from the fund shall be expended only for the following: (1) the repair and purchase of law enforcement apparatus and equipment, including the fina…

The division shall promulgate necessary rules and regulations to administer the provisions of the Law Enforcement Protection Fund Act. History: Laws 1983, ch. 289, § 8; 1993, ch. 179, § 10.

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…

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.

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 office…

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. ARTICLE 15 Missing Persons Information and Reporting

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 enforceme…

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 det…

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…

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 ot…

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 invo…

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…

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 …

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, § …

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.

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…

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 …

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, § 1…

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 …

As used in the Missing Persons Information and Reporting Act: A. "Brittany alert" means a notification relating to an endangered person: (1) who is a missing person; and (2) about whom there is a clear indication that the person has a developmental disability as defined in Subsec…

A. The "missing persons information clearinghouse" is established in the department of public safety. The department of public safety shall provide for the administration of the clearinghouse. The department of public safety may adopt rules to carry out the provisions of the Miss…

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…

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 departm…

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 depar…

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 per…

A. The department of public safety or the lead investigating law enforcement agency shall issue a turquoise alert if, after review and investigation of a missing person report of a person subject to the alert, the department of public safety or the lead investigating law enforcem…

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 ma…

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…

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 tak…

unidentified human remains. A. A law enforcement agency shall accept without delay and without exception for any reason any report of a missing person and, no later than two hours after receiving a missing person report or additional or supplemental information for the report, sh…

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 …

A. Upon notification by a law enforcement agency that a child born in the state is missing, the state registrar shall flag the child's birth record in such a manner that whenever a copy of the birth certificate or information concerning the birth record is requested, the state re…

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 custo…

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 a…

This act [29-15A-1 to 29-15A-5] may be cited as the "AMBER Alert Law". History: Laws 2003, ch. 93, § 1.

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 designate…

AMBER alert. A. The state police shall develop and implement an AMBER alert notification plan for the purpose of disseminating, as rapidly as possible, information about a child abduction so that law enforcement agencies and citizens throughout the state may be aware and vigilant…

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 notif…

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.

Chapter 29, Article 16 NMSA 1978 may be cited as the "DNA Identification Act". History: Laws 1997, ch. 105, § 1; 2003, ch. 256, § 4.

identification system and CODIS. A. A person may request expungement of the person's sample and DNA records from the DNA identification system on the following grounds: (1) the conviction that led to the inclusion of the sample has been reversed; or (2) the arrest that led to the…

A. A person may request expungement of his sample and DNA records from the missing persons DNA identification system. B. The administrative center shall expunge a person's sample and DNA records from the missing persons DNA identification system when the person provides the admin…

A. Each time that a covered offender is convicted, the court shall assess a DNA fee of one hundred dollars ($100) in addition to any other fee, restitution or fine. The corrections department shall collect the DNA fee from the covered offender for deposit in the fund. B. When a c…