SENATE BILL 562

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Ben D. Altamirano

AN ACT

RELATING TO ARREST RECORDS; AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY TO CHARGE A FEE FOR CRIMINAL HISTORY BACKGROUND CHECKS.

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

     Section 1. Section 29-10-6 NMSA 1978 (being Laws 1975, Chapter 260, Section 6, as amended) is amended to read:

     "29-10-6. ACCESS BY INDIVIDUALS--DEPARTMENT OF PUBLIC SAFETY FEE.--

          A. Upon satisfactory verification of his identity, any individual may inspect, in person, through counsel or through his authorized agent, arrest record information maintained by a law enforcement agency concerning him.

          B. The department of public safety may charge an administrative fee of up to twenty-six dollars ($26.00) for processing fingerprint-supported arrest record information maintained by the department. Revenues collected from the fee shall be deposited in the general fund.

          [B.] C. Personnel assigned to contractual research for a state or federally approved criminal justice project [shall be] are permitted access to arrest record information. [Approval] Approved personnel shall not further disseminate [such] the information except as statistical or analytical records or reports in which individuals are not identified and from which their identities are not ascertainable."

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