SENATE BILL 40
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Phil A. Griego
AN ACT
RELATING TO LIVESTOCK; ENACTING THE LIVESTOCK CRIME STOPPERS ACT; CREATING A LIVESTOCK CRIME STOPPERS PROGRAM; PROVIDING FOR REWARDS; PROVIDING FOR CONFIDENTIALITY OF RECORDS AND PERSONS WHO SUBMIT INFORMATION; PROVIDING IMMUNITY FROM LIABILITY; PRESCRIBING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of The Livestock Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Livestock Crime Stoppers Act"."
SECTION 2. A new section of The Livestock Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--
A. "livestock-related crime" means a crime involving livestock, including theft, unlawful branding, unlawful killing or mutilation, illegal movement or other criminal offense involving livestock contained in the Criminal Code or The Livestock Code; provided that, with respect to animal cruelty, "livestock-related crime" means the crime of extreme cruelty to animals; and
B. "program" means the livestock crime stoppers program."
SECTION 3. A new section of The Livestock Code is enacted to read:
"[NEW MATERIAL] PROGRAM CREATED--POWERS AND DUTIES.--
A. The board may establish a "livestock crime stoppers program" to assist the board and state and local law enforcement agencies in the arrest and conviction of persons who commit livestock-related crimes. Through the program, the board may offer rewards to persons who provide information or other assistance leading to a defendant's arrest, prosecution or conviction for a livestock-related crime.
B. To implement the program, the board:
(1) shall adopt and promulgate rules governing the conduct and administration of the program, including how:
(a) rewards will be determined and paid;
(b) information received by the program will be collected and transmitted to the proper livestock inspector or other law enforcement agency; and
(c) confidentiality of crime stopper records and the identity of persons who provide information to the program will be maintained;
(2) shall encourage the media of the state to promote the program;
(3) may enter into contracts for program management, advertising and other purposes necessary to the program, including contracts with other crime stoppers programs; and
(4) may solicit and accept gifts, grants and donations and contributions made pursuant to court order and may use other money of the board to support the program.
C. The board and the department of finance and administration shall develop procedures to ensure that vouchers and warrants involving reward payments processed through the department of finance and administration maintain the confidentiality of the reward recipients. The board may establish a separate bank account in a federally insured financial institution and may deposit money into the account to pay rewards and other expenses pursuant to the Livestock Crime Stoppers Act. Money in the account shall be disbursed as directed by the director in accordance with financial control mechanisms established by the board and the department of finance and administration. The account shall be subject to the board's annual audit."
SECTION 4. A new section of The Livestock Code is enacted to read:
"[NEW MATERIAL] CONFIDENTIALITY OF RECORDS.--
A. Evidence or records of a communication between a person submitting a report to the program and the person accepting the report on behalf of the program are not admissible in a court or an administrative proceeding nor are they subject to inspection as a public record, except as provided in Subsection B of this section.
B. Records and reports of the program are confidential and shall not be produced before a court or other tribunal except on motion by:
(1) a criminal defendant claiming that a record or report contains specific evidence that is exculpatory to the defendant on trial for a livestock-related crime; or
(2) a person in civil court who has been exonerated of a criminal charge that was filed as a result of a report to the program, and denial of access to a record or report would leave the person without the ability to offer prima facie proof that a legal injury was suffered through the wrongful acts of another.
C. Upon motion made pursuant to Subsection B of this section, a court may subpoena a record or report but shall conduct an in camera inspection of the materials produced to determine whether there is evidence as alleged to warrant disclosure pursuant to Subsection B of this section. If the court finds such evidence, the court shall determine how much of the evidence to disclose and whether the identity of the person who submitted the report to the program must be disclosed.
D. The court shall protect the identity of a person who submits a report to the program as it would protect the identity of a confidential police informer."
SECTION 5. A new section of The Livestock Code is enacted to read:
"[NEW MATERIAL] CONFIDENTIALITY--PENALTY.--
A. It is unlawful for any member, officer or employee of the board or the department of finance and administration or any member, officer or employee of a contractor to reveal to a person other than the proper law enforcement agencies:
(1) information gained through the program relating to a livestock-related crime; or
(2) the contents of records and reports that are confidential.
B. Confidentiality does not apply to amounts of reward payments that are made under the livestock crime stoppers program; provided, however, that the identities of reward recipients shall not be disclosed.
C. A person who violates Subsection A of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."
SECTION 6. A new section of The Livestock Code is enacted to read:
"[NEW MATERIAL] IMMUNITY FROM LIABILITY.--A person who in good faith communicates a report of livestock-related criminal activity to the program or who in good faith receives, forwards or acts upon such report is immune from civil liability for any act or omission resulting in the arrest, filing of criminal charges or trial of a person who is later exonerated or acquitted of a criminal charge."
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