45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO LAW ENFORCEMENT; REVISING PROCEDURES REGARDING FINGERPRINTING WHEN A PERSON IS ARRESTED OR CHARGED; PROVIDING FOR EXPUNGEMENT OF ARREST INFORMATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 29-3-8 NMSA 1978 (being Laws 1978, Chapter 87, Section 1, as amended) is amended to read:
"29-3-8. FINGERPRINTING OF PERSONS ARRESTED--DISPOSITION.--
A. Any person arrested or charged for the commission of any criminal offense amounting to a felony under the laws of this state or any other jurisdiction shall be required by the arresting peace officer or the jail to make fingerprint impressions prior to his release. The arresting peace officer or the jail shall obtain a photograph each time a person is arrested. At the time of fingerprinting, a state tracking number shall be assigned to the fingerprint cards and the booking sheet.
B. Any person arrested or charged for the
commission of any criminal offense not amounting to a felony
but punishable by imprisonment for more than six months under
the laws of this state or any political subdivision shall be
required [to make fingerprint impressions] by the arresting
peace officer or the jail to make fingerprint impressions
prior to his release. The arresting peace officer or the jail
shall obtain a photograph each time a person is arrested. At
the time of fingerprinting, a state tracking number shall be
assigned to the fingerprint cards and the booking sheet.
C. A person arrested or charged for violating a provision of Section 66-8-102 NMSA 1978 or committing a violation of a municipal or county ordinance prescribing criminal penalties for driving while under the influence of intoxicating liquor or drugs shall be required by the arresting peace officer or the jail to make fingerprint impressions prior to his release. The arresting peace officer or the jail shall obtain a photograph each time a person is arrested. At the time of fingerprinting, a state tracking number shall be assigned to the fingerprint cards and the booking sheet.
D. Fingerprint impressions shall be made pursuant
to rules adopted by the [New Mexico state police board and]
department. Fingerprint card submission policies and a state
tracking number system for fingerprint cards shall be
implemented pursuant to rules adopted by the department. All
felony, misdemeanor and DWI arrest fingerprints shall be made
in duplicate [one copy]. Both copies shall be forwarded to
the [New Mexico state police and one copy shall be forwarded]
department within five days following the date of arrest or
the date that charges were filed. The department shall
forward one copy to the federal bureau of investigation in
Washington, D.C.
[E. One copy of the fingerprint impressions of
each person arrested under the provisions of Subsection B of
this section shall be forwarded to the New Mexico state
police. A copy may be sent to the federal bureau of
investigation in Washington, D. C. if:
(1) there is a question of identity;
(2) a check of federal bureau of
investigation files is considered necessary for investigative
purposes; or
(3) the individual is suspected of being a
fugitive.]
E. An inmate who is charged with a felony or misdemeanor offense while incarcerated shall be fingerprinted, and the jail or corrections facility shall forward the offender's fingerprint card to the department.
F. The administrative office of the courts and the administrative office of the district attorneys shall electronically provide information regarding a final disposition to the department no later than five days following a final disposition.
G. Law enforcement agencies, the administrative office of the courts and the administrative office of the district attorneys shall allow the department access to their records for the purpose of auditing those records to ensure compliance with the provisions of this section."
Section 2. A new section of Chapter 29, Article 3 NMSA 1978 is enacted to read:
"[NEW MATERIAL] PETITION TO EXPUNGE ARREST INFORMATION.--
A. A person may petition the department to expunge arrest information on the person's state record or federal bureau of investigation record, if the arrest was for a misdemeanor or petty misdemeanor offense and the arrest was not for a crime of moral turpitude. If the department cannot locate a final disposition after contacting the arresting law enforcement agency, the administrative office of the courts and the administrative office of the district attorneys, the department may expunge the arrest information.
B. As used in this section:
(1) "expunge" means to remove a notation of an arrest placed on a person's state record or federal bureau of investigation record and to return the fingerprint card to the arresting law enforcement agency; and
(2) "final disposition" means a final outcome following arrest, including nolle prosequi, a dismissal, a decision to not file charges, a referral to a pre-prosecution diversion program, placement on probation or imposition of a fine."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.