SENATE JOINT MEMORIAL 49

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Linda M. Lopez

A JOINT MEMORIAL

HONORING THE MEMORY OF SANDRA SANCHEZ AND ALL MISSING PERSONS AND VICTIMS OF DOMESTIC VIOLENCE; REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO STUDY AND IDENTIFY OPPORTUNITIES TO INCREASE REPORTING, COMMUNICATION AND COORDINATION BY AND AMONG LAW ENFORCEMENT AGENCIES; REQUESTING THE DEPARTMENT TO CONSIDER APPROPRIATE SANCTIONS FOR AGENCIES THAT DO NOT COMPLY WITH THE REPORTING AND INVESTIGATION REQUIREMENTS OF THE MISSING PERSONS INFORMATION ACT.

     WHEREAS, when Sandra Sanchez went missing, the local law enforcement agency, despite knowing that Sandra had been a victim of domestic violence for five years and that she had an order of protection in place, did not start investigating her disappearance until two weeks after her family reported her missing and did not begin searching for Sandra until her family notified the media, three weeks after she went missing; and

     WHEREAS, two months after Sandra went missing, she was found shot dead in a culvert in Socorro county; and

     WHEREAS, in 2009, newspapers reported that twenty-five victims of domestic violence died at the hands of their abusers in New Mexico, and in 2008, thirty-four domestic violence victims were reported to have been killed by their abusers; and

     WHEREAS, in many cases, children were present when the victim was killed; and

     WHEREAS, according to the national Latino alliance for the elimination of domestic violence, law enforcement agencies in New Mexico fail to respond to approximately thirty percent of the incidents of domestic violence reported to them; and

     WHEREAS, cases like Sandra Sanchez's occur on a regular basis, yet when it comes to reports of domestic violence, law enforcement agencies do not respond as quickly or as diligently as they do to reports of other types of crime; and

     WHEREAS, studies have shown that police departments do not treat domestic violence as seriously as other crimes, despite police department policies relating to domestic violence; and

     WHEREAS, the remains of eleven women were found buried nude in a mass grave on Albuquerque's West Mesa in February 2009; and

     WHEREAS, the West Mesa victims are estimated to have been buried between 2001 and 2005 and were reported missing prior to that time; and

     WHEREAS, upon receiving a missing person report, local law enforcement agencies are required to immediately conduct an investigation and to provide to the department of public safety's clearinghouse all information relating to the missing person; and

     WHEREAS, the discovery of the West Mesa bodies and cases like Sandra Sanchez's have raised public awareness about the lack of effective investigation by law enforcement agencies of missing person reports and of incidents of domestic violence and about the relationship between domestic violence and missing persons; and

     WHEREAS, there is public concern about an apparent lack of communication and coordination among local law enforcement agencies and the department of public safety regarding reports of missing persons and incidents of domestic violence; and

     WHEREAS, there is also concern about inadequate follow-through on investigations and about whether law enforcement's response is immediate and timely; and

     WHEREAS, improved law enforcement response to reports of missing persons and incidents of domestic violence is necessary to ensure public safety and security in New Mexico;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that, in honor of the memory of Sandra Sanchez and all missing persons and victims of domestic violence, the department of public safety be requested to assemble and convene a task force to study and identify opportunities to increase reporting, communication and coordination by and among law enforcement agencies and to identify barriers to timely and effective investigations of reports of missing persons and incidents of domestic violence; and

     BE IT FURTHER RESOLVED that the task force include the director of the New Mexico law enforcement academy; representatives from the department of public safety, the New Mexico association of counties, the New Mexico municipal league, local law enforcement agencies, the New Mexico sheriffs' and police association, the New Mexico coalition against domestic violence, the national Latino alliance for the elimination of domestic violence and the New Mexico coalition for sexual assault programs; and other interested and appropriate persons; and

     BE IT FURTHER RESOLVED that the task force also address the extent to which local law enforcement agencies are complying with Section 29-15-7 NMSA 1978 of the Missing Persons Information Act and identify and recommend appropriate sanctions for those agencies that do not comply; and

     BE IT FURTHER RESOLVED that the department of public safety report the findings and recommendations of the task force to the appropriate interim legislative committee no later than November 2010; and

      BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of public safety, the director of the New Mexico law enforcement academy, the New Mexico association of counties, the New Mexico municipal league, the New Mexico sheriffs' and police association, the New Mexico coalition against domestic violence, the national Latino alliance for the elimination of domestic violence and the New Mexico coalition for sexual assault programs.

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