Chapter 29 — Chapter 29

A. Any person who by virtue of his employment or official position possesses or has access to samples or DNA records and who willfully discloses any of them to any person or in any manner not authorized by the DNA Identification Act is guilty of a fourth degree felony and shall b…

A. The "DNA identification system fund" is created in the state treasury. The fund shall consist of all money received by appropriation, gift or grant, all DNA fees collected pursuant to Section 29-16-11 NMSA 1978 and all investment income from the fund. B. Money and investment i…

The purpose of the DNA Identification Act is to: A. establish a DNA identification system for covered offenders and persons required to provide a DNA sample pursuant to the provisions of Section 1 [29-3-10 NMSA 1978] of this 2006 act; B. facilitate the use of DNA records by local…

As used in the DNA Identification Act: A. "administrative center" means the part of a law enforcement agency crime laboratory that participates in the national DNA index system and that administers and operates the DNA identification system; B. "CODIS" means the federal bureau of…

written agreement. A. The administrative center shall: (1) establish and administer the DNA identification system. The DNA identification system shall provide for collection, storage, DNA testing, maintenance and comparison of samples and DNA records for forensic and humanitarian…

A. The "DNA identification system oversight committee" is created. The DNA oversight committee shall be composed of nine voting members as follows: (1) a scientific representative from the department crime laboratory appointed by the secretary of public safety; (2) a scientific r…

A. A covered offender shall provide one or more samples to the administrative center, as follows: (1) a covered offender convicted on or after July 1, 1997 shall provide a sample immediately upon request to the corrections department as long as the request is made before release …

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 h…

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 t…

The administrative center shall enter the DNA of a person collected pursuant to Section 29-3-10 NMSA 1978 into CODIS upon the death of the person if the person dies before being charged with a felony; provided that, if: A. the person was not incarcerated at the time of death, the…

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 avail…

A. Searches of samples collected pursuant to the DNA Identification Act, for purposes of the missing persons DNA identification system, shall be limited to searches against DNA indexes consisting of: (1) unidentified persons; (2) unidentified human remains; (3) relatives of, or k…

A. The attorney general or a district attorney may petition a district court for an order requiring a covered offender or a person required to provide a DNA sample pursuant to the provisions of Section 1 of this 2006 act [29-3-10 NMSA 1978] to: (1) provide a sample; or (2) provid…

ANNOTATIONS Repeals. — Laws 1998, ch. 68, § 6, repealed 29-17-1 NMSA 1978, as enacted by Laws 1997, ch. 202, § 1, relating to criminal records screening for caregivers, effective May 20, 1998. For provisions of former section, see the 1997 NMSA 1978 on NMOneSource.com.

Sections 1 though 5 [29-17-2 to 29-17-5 NMSA 1978] of this act may be cited as the "Caregivers Criminal History Screening Act". History: Laws 1998, ch. 68, § 1.

The purpose of the Caregivers Criminal History Screening Act and its requirement that caregivers undergo a nationwide criminal history screening is to ensure to the highest degree possible the prevention of abuse, neglect or financial exploitation of care recipients. History: Law…

As used in the Caregivers Criminal History Screening Act: A. "applicant" means a person who seeks and is offered employment or contractual service as a caregiver or hospital caregiver with a care provider; B. "caregiver" means a person, not otherwise required to undergo a nationw…

implementation; appeals. A. The health care authority is authorized to receive an applicant's, caregiver's or hospital caregiver's nationwide criminal history record obtained by the department of public safety as a result of a nationwide criminal history screening pursuant to an …

Chapter 29, Article 19 NMSA 1978 may be cited as the "Concealed Handgun Carry Act". History: Laws 2003, ch. 255, § 1; 2005, ch. 242, § 1.

A concealed handgun license shall not be valid on tribal land, unless authorized by the governing body of an Indian nation, tribe or pueblo. History: Laws 2003, ch. 255, § 10.

A concealed handgun license shall not be valid in a courthouse or court facility, unless authorized by the presiding judicial officer for that courthouse or court facility. History: Laws 2003, ch. 255, § 11.

with other states. The department shall promulgate rules necessary to implement the provisions of the Concealed Handgun Carry Act. The rules shall include: A. grounds for the suspension and revocation of concealed handgun licenses issued pursuant to the provisions of the Conceale…

A. The "concealed handgun carry fund" is created in the state treasury. B. All money received by the department pursuant to the provisions of the Concealed Handgun Carry Act shall be deposited by the state treasurer for credit to the concealed handgun carry fund. The state treasu…

Mexico mounted patrol members. A. An application fee, a renewal fee and a firearms training course are not required for an applicant or licensee who is: (1) a current or retired certified law enforcement officer pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 …

A. For a concealed handgun license applicant or licensee who submits with a concealed handgun license application documentation satisfactory to the department that the applicant is a military service person as defined in Subsection E of this section, an application fee or renewal…

As used in the Concealed Handgun Carry Act: A. "applicant" means a person seeking a license to carry a concealed handgun; B. "caliber" means the diameter of the bore of a handgun; C. "category" means whether a handgun is semiautomatic or not semiautomatic; D. "concealed handgun" …

Effective January 1, 2004, the department is authorized to issue concealed handgun licenses to qualified applicants. Original and renewed concealed handgun licenses shall be valid for a period of four years from the date of issuance, unless the license is suspended or revoked. Hi…

A. The department shall issue a concealed handgun license to an applicant who: (1) is a citizen of the United States; (2) is a resident of New Mexico or is a member of the armed forces whose permanent duty station is located in New Mexico or is a dependent of such a member; (3) i…

on liability. A. Effective July 1, 2003, applications for concealed handgun licenses shall be made readily available at locations designated by the department. Applications for concealed handgun licenses shall be completed, under penalty of perjury, on a form designed and provide…

course; suspension or revocation of license. A. Pursuant to rules adopted by the department, the department, within thirty days after receiving a completed application for a concealed handgun license and the results of a national criminal background check on the applicant, shall:…

requirement; proprietary interest; exemptions. A. The department shall prepare and publish minimum standards for approved firearms training courses that teach competency with handguns. A firearms training course shall include classroom instruction and range instruction and an act…

A. Nothing in the Concealed Handgun Carry Act shall be construed as allowing a licensee in possession of a valid concealed handgun license to carry a concealed handgun into or on premises where to do so would be in violation of state or federal law. B. Nothing in the Concealed Ha…

A licensee shall have his concealed handgun license in his possession at all times while carrying a concealed handgun. History: Laws 2003, ch. 255, § 9.

Sections 1 through 4 [29-20-1 to 29-20-4 NMSA 1978] of this act may be cited as the "Law Enforcement Safe Pursuit Act". History: Laws 2003, ch. 260, § 1.

As used in the Law Enforcement Safe Pursuit Act, "high speed pursuit" means an attempt by a law enforcement officer in an authorized emergency vehicle to apprehend an occupant of a motor vehicle, the driver of which is actively attempting to avoid apprehension by exceeding the sp…

A. No later than December 31, 2004, the New Mexico law enforcement academy board shall develop and incorporate into the basic law enforcement training required pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978] a course of instruction of at least sixte…

A. The chief law enforcement officer of every state, county and municipal law enforcement agency shall establish and enforce a written policy governing the conduct of law enforcement officers employed by the agency who are involved in high speed pursuits. A copy of the written po…

This act [29-21-1 to 29-21-4 NMSA 1978] may be cited as the "Prohibition of Profiling Practices Act". History: Laws 2009, ch. 177, § 1.

A. In conducting a routine or spontaneous investigatory activity, including an interview, a detention, a traffic stop, a pedestrian stop, a frisk or other type of bodily search or a search of personal or real property, or in determining the scope, substance or duration of the rou…

A. A law enforcement agency shall: (1) maintain written policies and procedures designed to eliminate practices by its law enforcement officers that violate the provisions of Section 2 [29-21-2 NMSA 1978] of the Prohibition of Profiling Practices Act; and (2) provide training to …

The attorney general shall establish independent procedures for receiving, and for maintaining a record of, complaints alleging profiling by a law enforcement officer or agency. The attorney general may initiate an investigation of a complaint alleging a violation, or a systemati…