AN ACT
RELATING TO LAW ENFORCEMENT; ENACTING
THE AMBER ALERT LAW; PROVIDING FOR AN AMBER ALERT NOTIFICATION PLAN FOR THE
PURPOSE OF RAPID DISSEMINATION OF INFORMATION RELATING TO ABDUCTION OF
CHILDREN; PROVIDING A CRIMINAL PENALTY; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the
"AMBER Alert Law".
Section 2. DEFINITIONS.--As used in the AMBER Alert Law:
A. "AMBER alert" means a declaration
by the authorized requester that an abduction has occurred and that
notifications and broadcasts should be made pursuant to the AMBER alert
notification plan;
B. "authorized requester" means the
person designated by the chief of the state police to implement the AMBER alert
notification plan;
C. "chief of the state police" means
the director of the New Mexico state police division of the department of
public safety;
D. "lead station" means an AM radio
station that has been designated as the "state primary station" by
the federal communications commission for the emergency alert system; and
E. "state police" means the New Mexico
state police division of the department of public safety.
Section 3. STATE POLICE--AMBER ALERT NOTIFICATION PLAN‑‑DECLARATION
OF AMBER ALERT.--
A. The state police shall develop and implement
an AMBER alert notification plan for the purpose of disseminating, as rapidly
as possible, information about a child abduction so that law enforcement
agencies and citizens throughout the state may be aware and vigilant. The plan shall:
(1) provide a procedure for notifying the lead
station by the authorized requester that an AMBER alert has been declared. The procedure shall include codes for use by
the authorized requester in communicating with the lead station to prevent
false alerts;
(2) provide a procedure in
which other state and private print, radio, television or other media may alert
the members of the public of the abduction;
(3) include a procedure for notifying the radio
communications bureau of the communications division of the general services
department that an AMBER alert has been declared. The bureau shall immediately transmit the
notification and related information to all state field operations employees so
that they may be aware and vigilant in the course of their regular activities;
(4) include a procedure for notifying all local
and federal law enforcement agencies that an AMBER alert has been declared; and
(5) provide for dissemination of information
about a child or a child's abductor to the lead station, the radio
communications bureau and local law enforcement agencies when an AMBER alert
has been declared.
B. The state police shall distribute the AMBER
alert notification plan to all local law enforcement agencies and provide such
training and other assistance as is necessary to ensure that the plan can be
properly implemented.
C. The authorized requester may declare an AMBER
alert when the requester has reason to believe that:
(1) a child under the age of eighteen has been
abducted by an unrelated person;
(2) the child is in imminent danger of serious
bodily harm or death; and
(3) there is specific information available about
the child or the child's abductor that may assist in an expedient and
successful end to the abduction.
D. Once an AMBER alert has been declared, only
the authorized requester may terminate the AMBER alert.
Section 4. AMBER ALERT--INITIATION BY OTHER LAW
ENFORCEMENT AGENCIES.--
A. The procedures for initiating an AMBER alert
pursuant to the AMBER Alert Law are available to all law enforcement agencies
in New Mexico; provided that nothing in that law prohibits a local law
enforcement agency from developing and implementing its own similar
notification plan; provided further that nothing in that act supercedes a
provision or procedure in such a local notification plan.
B. If a law enforcement agency that has not
developed and implemented its own similar plan desires that an AMBER alert be
declared, it shall notify the authorized requester. The authorized requester shall declare an
AMBER alert if, after evaluating the information, the authorized requester
believes that the criteria for declaring an alert has been satisfied.
C. If an AMBER alert is initiated and there is
information that the child's abductor may be traveling or has traveled across
state lines, the authorized requester shall notify the other states or the
Republic of Mexico in order for those governments to issue an alert. The state police shall work with all
bordering states and the Republic of Mexico in order to establish agreements to
carry out regional alerts.
Section 5. SUBMISSION OF FALSE INFORMATION--PENALTY.--A
person who knowingly submits false information to a law enforcement agency
regarding a child abduction is guilty of a petty misdemeanor and shall be
sentenced in accordance with Section 31-19-1 NMSA 1978.
Section 6. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.
HAFC/HJC/HB 16 & 161 & SB 110
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