HOUSE BILL 251

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Greg Nibert and Peter Wirth

AN ACT

RELATING TO PUBLIC RECORDS; PROVIDING THAT SECURITY SYSTEM RECORDS ARE EXEMPTED FROM DISCLOSURE UNDER THE INSPECTION OF PUBLIC RECORDS ACT.

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

     SECTION 1. Section 14-2-1 NMSA 1978 (being Laws 1947, Chapter 130, Section 1, as amended) is amended to read:

     "14-2-1. RIGHT TO INSPECT PUBLIC RECORDS--EXCEPTIONS.-- Every person has a right to inspect public records of this state except:

          A. records pertaining to physical or mental examinations and medical treatment of persons confined to an institution;

          B. letters of reference concerning employment, licensing or permits;

          C. letters or memoranda that are matters of opinion in personnel files or students' cumulative files;

          D. portions of law enforcement records that reveal:

                (1) confidential sources, methods or information; or

                (2) before charges are filed, names, address, contact information or protected personal identifier information [as defined in this act] of individuals who are:

                     (a) accused but not charged with a crime; or

                     (b) victims of or non-law-enforcement witnesses to an alleged crime of: 1) assault with intent to commit a violent felony pursuant to Section 30-3-3 NMSA 1978 when the violent felony is criminal sexual penetration; 2) assault against a household member with intent to commit a violent felony pursuant to Section 30-3-14 NMSA 1978 when the violent felony is criminal sexual penetration; 3) stalking pursuant to Section 30-3A-3 NMSA 1978; 4) aggravated stalking pursuant to Section 30-3A-3.1 NMSA 1978; 5) criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978; or 6) criminal sexual contact pursuant to Section 30-9-12 NMSA 1978.

     Law enforcement records include evidence in any form received or compiled in connection with a criminal investigation or prosecution by a law enforcement or prosecuting agency, including inactive matters or closed investigations to the extent that they contain the information listed in this subsection; provided that the presence of such information on a law enforcement record does not exempt the record from inspection;

          E. as provided by the Confidential Materials Act;

          F. trade secrets, attorney-client privileged information and long-range or strategic business plans of public hospitals discussed in a properly closed meeting;

          G. tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack; [and]

          H. records of the security system of a publicly accessible facility of the state or a political subdivision of the state, disclosure of which would reveal information that could be used to plan or execute an attack on a public facility or person; and

          [H.] I. as otherwise provided by law."

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