46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIME; CREATING THE CRIME STOPPERS COMMISSION; GRANTING POWERS AND DUTIES; PROVIDING FOR THE CONFIDENTIALITY OF RECORDS; PROVIDING PENALTIES.

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

Section 1. COMMISSION--CREATION--COMPOSITION--VACANCIES--SALARIES.--

A. There is created the "crime stoppers commission". The commission shall consist of ten members, six of whom shall be appointed from local crime stoppers programs and four of whom shall be members at large. All members of the crime stoppers commission shall be appointed by the governor for two-year terms. The commission shall elect from among its members a chair and any other officers it deems necessary.

B. A vacancy on the commission shall be filled by an appointment by the governor for the unexpired term. A vacancy on the commission shall not impair the right of the remaining members to exercise all the powers of the commission.

C. Members of the commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

Section 2. PURPOSE OF COMMISSION.--The purpose of the crime stoppers commission is to assist in the creation and maintenance of local crime stoppers programs and in their promotion and exposure through the media and to help law enforcement agencies detect and combat crime by increasing the flow of information to law enforcement agencies and by stimulating and encouraging such flow between law enforcement agencies and personnel.

Section 3. POWERS AND DUTIES OF COMMISSION--SURETY BONDS.--

A. The powers and duties of the crime stoppers commission are to:

(1) formulate, approve and adopt policies and rules under which it will carry out its purpose;

(2) appoint, with the approval of the governor, an executive director who shall be the chief executive and administrative officer of the commission;

(3) advise and assist in the creation and maintenance of local crime stoppers programs;

(4) foster the detection of crime and encourage the citizenry, through a reward program or otherwise, to come forward with information that will promote the prosecution of criminal activity;

(5) encourage the media of this state to promote the functions of state and local crime stoppers programs;

(6) arrange for the channeling of information collected through the various crime stoppers programs to proper law enforcement agencies and personnel; and

(7) accept contributions made pursuant to court order, gifts, endowments or bequests. Funds received pursuant to this paragraph may be deposited in one or more banks and expended by checks drawn by the executive director with the approval of the commission. Funds received pursuant to this paragraph may be expended without submission of vouchers, purchase orders or contracts to the department of finance and administration as otherwise required by Section

6-5-3 NMSA 1978. The funds are not subject to audit or to the provisions of the Procurement Code.

B. A member, officer or employee of the commission shall give bond as provided in the Surety Bond Act. The commission shall pay the costs of the bonds.

Section 4. CONFIDENTIALITY--PENALTY.--

A. It is unlawful for a member, officer or employee of the crime stoppers commission, except in furtherance of its purpose, to reveal to any individual, other than the proper law enforcement agencies, any information of a criminal nature gained through the commission's activities.

B. A member, officer or employee of the commission who reveals to another individual any information that he is prohibited from lawfully revealing pursuant to the provision of Subsection A of this section is guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000) or imprisoned not more than one year, or both, together with costs of prosecution, and shall not be employed by the state for a period of five years after the date of the conviction.

C. The records, reports and files of the commission shall not be subject to subpoena, except on the motion of a party that the information given will be relevant and helpful to the defense of an accused or is necessary to the fair determination of the issue of guilt or innocence in a criminal case or of a material issue on the merits in a civil case. The court may subpoena the records and conduct an in camera inspection of the records to determine whether the materials contain evidence that is exculpatory to the defendant or contains information necessary to plead a civil cause of action.

D. If the court determines that the materials produced contain evidence that is exculpatory to the defendant, or are of a material issue on the merits in a civil case, the court shall present the evidence to the defendant in a form that does not disclose the identity of the person that was the source of the evidence, unless the state or federal constitution require the disclosure.

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.