AN ACT
RELATING TO LAW ENFORCEMENT; PROVIDING FOR THE DISPOSITION
OF UNCLAIMED PERSONAL PROPERTY THAT COMES INTO THE POSSESSION OF A PEACE
OFFICER; AMENDING A SECTION OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 29-1-14 NMSA 1978 (being Laws 1983,
Chapter 50, Section 2, as amended) is amended to read:
"29-1-14. UNCLAIMED PROPERTY--AUTHORITY TO SELL‑‑NOTICE
OF SALE--DEADLY WEAPONS, CONTROLLED SUBSTANCES AND OTHER CONTRABAND EXCEPTED.--
A. Any personal property having a fair market
value greater than fifty dollars ($50.00) that has been unclaimed by the true
owner, is no longer necessary for use in obtaining a conviction, is not needed
for any other public purpose and has been in the possession of a state, county
or municipal law enforcement agency for more than ninety days shall be sold at
public sale.
B. Prior to the sale of seized personal
property, the law enforcement agency shall make a reasonable attempt to notify
the original owner of the seized personal property and shall publish a notice
of the sale of unclaimed personal property once each week for two successive
weeks. The notice shall contain:
(1) a brief description of the personal property
to be sold;
(2) the time and place of the sale; and
(3) the name of any purported owner, if known.
C. If prior to the sale the true owner
identifies the personal property to be sold and offers strict proof of identity
and ownership of the personal property, the personal property shall be returned
to its true owner.
D. Any personal property offered but not sold at
a public sale may be destroyed or otherwise disposed of upon application to the
district court, ex parte and without notice.
E. Any personal property sold at public sale,
claimed by its true owner, destroyed or otherwise disposed of pursuant to this
section shall be removed from the inventory record kept by the law enforcement
agency.
F. Any personal property having a fair market
value equal to or less than fifty dollars ($50.00) that has been unclaimed by
the true owner, is no longer necessary for use in obtaining a conviction, is
not needed for any other public purpose and has been in the possession of a
state, county or municipal law enforcement agency for more than ninety days may
be destroyed, except as otherwise provided by order of the district court upon
ex parte application without notice.
G. Any alcoholic beverage that has been
unclaimed by the true owner, is no longer necessary for use in obtaining a
conviction, is not needed for any other public purpose and has been in the
possession of a state, county or municipal law enforcement agency for more than
ninety days may be destroyed or may be utilized by the scientific laboratory
division of the department of health for educational or scientific purposes.
H. This section shall not apply to deadly
weapons or items of significant historical value, poisons, controlled
substances or other contraband lawfully seized as evidence for the prosecution
of a violation of statute or ordinance or which has otherwise come into the
lawful possession of a state, county or municipal law enforcement agency and
has been in possession for more than ninety days. Once it is determined by the law enforcement
agency that any property enumerated in this subsection is no longer necessary
for use in obtaining a conviction or is not needed for any other public
purpose, the law enforcement agency may apply to the district court, ex parte
and without notice, for an order authorizing destruction or other disposition
of the property; provided that a state, county or municipal law enforcement
agency shall allow state museums access to agency inventory records for the
purpose of inspecting and selecting firearms that are appropriate to state
museum firearm collections. The court
shall grant the application if the proposed destruction or disposition is in
the best interest of the public safety and welfare.
I. This section shall not apply to any personal
property for which a notice of intent to claim has been served. Any victim, as defined in Section 31-26-3
NMSA 1978, or alleged victim shall be entitled to serve notice of intent to
claim ownership of any personal property upon that person, agency or entity in
actual custody or control of the property.
Nothing in this subsection shall be construed to limit, interfere with
or affect the rights or remedies of the rightful owner of any seized
property."
Section 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.