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| SPONSOR: | Jennings | DATE TYPED: | 02/08/01 | HB | |||
| SHORT TITLE: | Right of Privacy Violations | SB | 290 | ||||
| ANALYST: | Rael | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY01 | FY02 | FY01 | FY02 | ||
|
See Narrative |
Recurring | GF | |||
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
Administrative Office of the Courts (AOC)
Public Defender (PD)
Department of Public Safety (DPS)
SUMMARY
Synopsis of Bill
The Right of Privacy Violations bill would prohibit a person from asking for fingerprints for identification purposes except for:
1. Law enforcement officials for criminal investigations or prosecutions.
2. Background checks for applicants and employees when required by law.
3. Financial institutions for identification purposes, provided they require no compensation.
The bill would also prohibit a person from maintaining a list or log of people by activities that are protected by the First Amendment to the US Constitution or Article 2, Section 7 of the New Mexico Constitution. A person who violates this provisions would be charged with a fourth degree felony.
A person who violates either section may be subject to a civil action and punitive damages up to $10.0.
FISCAL IMPLICATIONS
See Administrative Implications.
ADMINISTRATIVE IMPLICATIONS
It will cost the judicial information system $400 for statewide update, distribution, and documentation of statutory changes. Any additional fiscal impact on the judiciary would be proportional to the enforcement of this law and commenced prosecutions.
TECHNICAL ISSUES
Amend B(2) to include "state professional license applicants".
OTHER SUBSTANTIVE ISSUES
Fingerprinting has been largely held by courts to not be a violation of a person's constitutional right to privacy.
Both California and New York have experimented with fingerprinting programs in an effort to prevent welfare fraud. This bill would prohibit such a program in New Mexico.
FAR/njw