SENATE BILL 912

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Richard C. Martinez

AN ACT

RELATING TO PUBLIC SAFETY; CREATING THE ENDANGERED PERSON ADVISORY; PROVIDING FOR NOTIFICATION TO AND DISSEMINATION BY THE MEDIA OF MISSING PERSONS WHO ARE IN DANGER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 29-15-2 NMSA 1978 (being Laws 1995, Chapter 146, Section 2) is amended to read:

     "29-15-2. DEFINITIONS.--As used in the Missing Persons Information Act:

          A. "child" means an individual under the age of eighteen years who is not emancipated;

          B. "clearinghouse" means the missing persons information clearinghouse;

          C. "custodian" means a parent, guardian or other person who exercises legal physical control, care or custody of a child;

          D. "endangered person" means a missing person who is in imminent danger of:

                (1) causing harm to the person's self;

                (2) causing harm to another; or

                (3) being harmed by another or who has been harmed by another;

          [D.] E. "immediate family member" means the spouse or nearest relative of a person;

          F. "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;

          [E.] G. "missing person" means a person whose whereabouts are unknown to the person's custodian or immediate family member and the circumstances of whose absence indicate that:

                (1) the person did not leave the care and control of the custodian or immediate family member voluntarily and the taking of the person was not authorized by law; or

                (2) the person voluntarily left the care and control of [his] the custodian without the custodian's consent and without intent to return;

          [F.] H. "missing person report" means information that is:

                (1) given to a law enforcement agency on a form used for sending information to the national crime information center; and

                (2) about a person whose whereabouts are unknown to the reporter and who is alleged in the form submitted by the reporter to be missing;

          [G.] I. "person" means an individual, regardless of [his] age;

          [H.] J. "possible match" means the similarities between an unidentified body of a person and a missing person that would lead one to believe they are the same person;

          [I.] K. "reporter" means the person who reports a missing person; and

          [J.] L. "state agency" means an agency of the state, political subdivision of the state or public post-secondary educational institution."

     Section 2. Section 29-15-7 NMSA 1978 (being Laws 1995, Chapter 146, Section 7) is amended to read:

     "29-15-7. LAW ENFORCEMENT REQUIREMENTS--MISSING PERSON REPORTS--UNIDENTIFIED BODIES.--

          A. A law enforcement agency, upon receiving a missing person report, shall:

                (1) immediately start an appropriate investigation to determine the present location of the missing person and to determine whether the missing person is an endangered person;

                (2) provide to the clearinghouse all information the law enforcement agency has relating to an investigation regarding or the location or identification of a missing person; [and]

                (3) immediately enter the name of the missing person into the clearinghouse and the national crime information center missing person file; and

                (4) if the missing person is determined to be an endangered person, immediately notify the department of public safety in accordance with procedures prescribed by the department.

          B. Information not immediately available shall be obtained as soon as possible by the law enforcement agency and entered into the clearinghouse and the national crime information center file as a supplement to the original entry.

          C. All New Mexico law enforcement agencies are required to enter information about all unidentified bodies of persons found in their jurisdiction into the clearinghouse and the national crime information center unidentified person file, including all available identifying features of the body and a description of the clothing found on the body. If an information entry into the national crime information center file results in an automatic entry of the information into the clearinghouse, the law enforcement agency is not required to make a direct entry of that information into the clearinghouse."

     Section 3. A new section of the Missing Persons Information Act is enacted to read:

     "[NEW MATERIAL] 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."

     Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007. 

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