SENATE BILL 309

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Antonio Maestas

 

 

 

 

 

AN ACT

RELATING TO CRIMINAL PROCEDURE; ADDING NOTIFICATION REQUIREMENTS FOR VIOLATIONS OF PRETRIAL CONDITIONS OF RELEASE; PROVIDING THAT PRETRIAL CONDITIONS OF RELEASE ARE PUBLIC RECORDS WITH EXCEPTIONS; PROVIDING ACCESS TO GLOBAL POSITIONING SYSTEM DATA ON DEFENDANTS ON PRETRIAL RELEASE TO LAW ENFORCEMENT OFFICERS UPON REQUEST.

 

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

     SECTION 1. A new section of Chapter 31 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] VIOLATION OF PRETRIAL CONDITIONS OF RELEASE--PUBLIC RECORDS--EXCEPTIONS.--Pretrial release and supervision records that show or support a violation of conditions of release are public records; provided that the records do not contain precise geographical coordinates, protected health information or protected personal identifying information or that the information be redacted."

     SECTION 2. Section 31-3-12 NMSA 1978 (being Laws 2022, Chapter 56, Section 28) is amended to read:

     "31-3-12. AVAILABILITY OF GLOBAL POSITIONING SYSTEM DATA ON DEFENDANTS ON PRETRIAL RELEASE.--Any public entity that possesses or controls global positioning system data with respect to a defendant on pretrial release shall make that data available without a warrant to a law enforcement officer pursuant to an ongoing and pending criminal investigation [for which there is reasonable suspicion to believe the data will be probative] upon request. Any data provided to the law enforcement officer shall be limited to data that relates to the criminal investigation [and is not more than one year old. The data shall not be made a part of any public record unless admitted as evidence during a criminal trial]. The law enforcement officer may request immediate access to the data if it involves an investigation of:

          A. any of the following serious violent felony offenses:

                (1) murder in the first degree;

                (2) first or second degree felony human trafficking of a child;

                (3) first degree felony abuse of a child;

                (4) sexual exploitation of a child constituting at least a second degree felony; or

                (5) a serious violent felony offense as

provided in Subparagraphs (a) through (n) of Paragraph (4) of

Subsection L of Section 33-2-34 NMSA 1978;

          B. a felony offense during which a firearm was brandished pursuant to Section 31-18-16 NMSA 1978 or during which a firearm was discharged; or

          C. a felony offense during which great bodily

harm was inflicted as defined in Section 30-1-12 NMSA 1978 or

that caused the death of a person."

     SECTION 3. A new section of the Victims of Crime Act is enacted to read:

     "[NEW MATERIAL] NOTIFICATION FOR VIOLATION OF PRETRIAL CONDITIONS OF RELEASE.--If a person on pretrial release for a criminal offense violates a condition of release established by the court, the pretrial services officer or other individual in charge of supervising the conditions of release shall immediately notify the court, the prosecuting authority, the defendant's counsel and the victim."

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