SENATE BILL 1189
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Richard C. Martinez
AN ACT
RELATING TO AMBER ALERTS; APPLYING THE PROCEDURES OF THE AMBER ALERT LAW TO INDIVIDUALS WITH ALZHEIMER'S DISEASE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 29-15A-2 NMSA 1978 (being Laws 2003, Chapter 93, Section 2) is amended to read:
"29-15A-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 because:
(1) a child has been abducted; or
(2) an individual with Alzheimer's disease has been reported missing;
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 2. Section 29-15A-3 NMSA 1978 (being Laws 2003, Chapter 93, Section 3, as amended) is amended to read:
"29-15A-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 or a missing individual with Alzheimer's disease 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 or missing individual;
(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 a representative of each cellular service company and paging service company operating in New Mexico so that a text message may be sent to the company's customers at no additional expense to the recipient or to any service that accepts the information from the authorized requester and delivers it to the cellular service or paging service company;
(5) include a procedure for notifying all local and federal law enforcement agencies that an AMBER alert has been declared; and
(6) provide for dissemination of information about a child or a child's abductor or a missing individual with Alzheimer's disease 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 has been abducted and:
(a) the child is under the age of eighteen and has been abducted by an unrelated person;
[(2)] (b) the child is in imminent danger of serious bodily harm or death; and
[(3)] (c) 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; or
(2) an individual with Alzheimer's disease has been reported missing and there is available information about the individual that may result in the individual being identified and found.
D. Once an AMBER alert has been declared, only the authorized requester may terminate the AMBER alert."
Section 3. Section 29-15A-4 NMSA 1978 (being Laws 2003, Chapter 93, Section 4) is amended to read:
"29-15A-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] law 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] have been satisfied.
C. If an AMBER alert is initiated because of a child abduction 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] and the Republic of Mexico, if appropriate, 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 4. Section 29-15A-5 NMSA 1978 (being Laws 2003, Chapter 93, Section 5) is amended to read:
"29-15A-5. SUBMISSION OF FALSE INFORMATION--PENALTY.--A person who knowingly submits false information to a law enforcement agency regarding a child abduction or a missing individual with Alzheimer's disease is guilty of a petty misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978."
Section 5. Section 63-9B-4.1 NMSA 1978 (being Laws 2005, Chapter 142, Section 2) is amended to read:
"63-9B-4.1. AMBER ALERT NOTIFICATION.--
A. Each cellular service company or paging service company that is authorized to conduct business in New Mexico and offers text messaging services to its customers shall file with the authorized requester, designated by the chief of the New Mexico state police pursuant to the AMBER Alert Law, the names and telephone numbers of representatives that will be available at all times for notification of an AMBER alert.
B. The authorized requester may designate one or more services to accept notification of an AMBER alert and deliver the notification to each cellular service company or paging service company. Connections with the services shall be made in the most technically efficient manner possible, using standard network sharing protocol from authorized agencies or their respective communication contractors.
C. Upon notification of an AMBER alert by the authorized requester, a representative of a cellular service company or paging service company may cause a text message to be sent to its customers that use a text messaging service, alerting them that an AMBER alert has been declared and containing such other information about the child and the abductor or the missing individual with Alzheimer's disease that may reasonably lead to the expedient and successful end to the [abduction] AMBER alert."
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