SENATE BILL 496

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

INTRODUCED BY

David M. Gallegos and Linda M. Lopez

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SAFETY; CREATING A CRIME FOR UNAUTHORIZED DISSEMINATION OF A PUBLIC OFFICIAL'S PRIVATE INFORMATION; PROVIDING CIVIL AND CRIMINAL PENALTIES; PROVIDING A PRIVATE RIGHT OF ACTION.

 

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

     SECTION 1. A new Section 30-12-15 NMSA 1978 is enacted to read:

     "30-12-15. [NEW MATERIAL] UNAUTHORIZED DISSEMINATION OF PERSONALLY IDENTIFIABLE INFORMATION--CIVIL AND CRIMINAL PENALTIES--RIGHT OF ACTION--EXCEPTIONS.--

          A. No person shall knowingly make available the home address or telephone number of a public official or a public official's spouse or child either with the intent to cause harassment or harm to life or property or with reckless disregard for any harassment or harm to life or property caused.

          B. Whoever violates Subsection A of this section is guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.

          C. No person, business or association shall solicit, sell or trade on the internet the home address or telephone number of a public official or a public official's spouse or child if that public official has made a written demand on the person, business or association to not disclose the public official's home address or telephone number.

          D. A public official whose home address or telephone number has been solicited, sold or traded in violation of Subsection C of this section shall:

                (1) have a civil cause of action against the person, business or association that solicited, sold or traded the public official's information; and

                (2) be entitled to recover from that person, business or association damages in an amount up to a maximum of three times the actual damages but in no case less than four thousand dollars ($4,000); punitive damages; and reasonable attorney fees and other litigation costs reasonably incurred.

          E. Nothing in this section shall be construed to impose liability on:

                (1) an interactive computer service or access software provider, as defined in 47 U.S.C. Section 230(f), or an information service or a telecommunications provider for content provided by another person; or

                (2) a person who reproduces, distributes, exhibits, publishes, transmits or otherwise disseminates content in furtherance of a legitimate public purpose, including the compilation or dissemination of news by newspapers and licensed broadcasters.

          F. As used in this section, "public official" includes a person who is or was:

                (1) elected or appointed to an office of the executive or legislative branch of the state or an office of a local public body;

                (2) elected or appointed to a federal office within the state;

                (3) elected or appointed to an office of any post-secondary educational institution;

                (4) appointed to an advisory board by any state agency, local public body or public post-secondary institution;

                (5) a full-time salaried public employee of a federal, state or local law enforcement agency, or a certified part-time salaried police officer employed by a federal, state or local law enforcement agency, whose principal duties under law are to hold in custody any person accused of a criminal offense, maintain public order, make arrests for crimes or investigate crimes;

                (6) a public defender or attorney contracted by the public defender department;

                (7) a prosecutor; and

                (8) retired from any of the offices or positions described in Paragraphs (1) through (7) of this subsection."

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