SENATE BILL 577

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Howie C. Morales

AN ACT

RELATING TO DOMESTIC VIOLENCE; AMENDING THE FAMILY VIOLENCE PROTECTION ACT TO PROVIDE SAFEGUARDS FOR THE CONFIDENTIAL SUBSTITUTE ADDRESS INFORMATION OF A VICTIM OF DOMESTIC ABUSE; REQUIRING THE SECRETARY OF STATE TO IMPLEMENT SECURITY PROCEDURES, ACCESS RESTRICTIONS AND OTHER SAFEGUARDS RELATED TO MAINTAINING SUBSTITUTE ADDRESS INFORMATION; PROVIDING AN EXCEPTION TO THE INSPECTION OF PUBLIC RECORDS ACT TO PROTECT THE CONFIDENTIAL SUBSTITUTE ADDRESS INFORMATION OF DOMESTIC ABUSE VICTIMS.

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

     SECTION 1. Section 14-2-1 NMSA 1978 (being Laws 1947, Chapter 130, Section 1, as amended) is amended to read:

     "14-2-1. RIGHT TO INSPECT PUBLIC RECORDS--EXCEPTIONS.--          A. Every person has a right to inspect public records of this state except:

                (1) records pertaining to physical or mental examinations and medical treatment of persons confined to an institution;

                (2) letters of reference concerning employment, licensing or permits;

                (3) letters or memoranda that are matters of opinion in personnel files or students' cumulative files;

                (4) law enforcement records that reveal confidential sources, methods, information or individuals accused but not charged with a crime. Law enforcement records include evidence in any form received or compiled in connection with a criminal investigation or prosecution by a law enforcement or prosecuting agency, including inactive matters or closed investigations to the extent that they contain the information listed in this paragraph;

                (5) any application for a substitute address maintained by the secretary of state after being submitted by or on behalf of a domestic abuse victim or the victim's personal representative pursuant to Section 40-13-11 NMSA 1978;

                [(5)] (6) as provided by the Confidential Materials Act;

                [(6)] (7) trade secrets, attorney-client privileged information and long-range or strategic business plans of public hospitals discussed in a properly closed meeting;

                [(7)] (8) tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack; and

                [(8)] (9) as otherwise provided by law.

          B. Protected personal identifier information contained in public records may be redacted by a public body before inspection or copying of a record. The presence of protected personal identifier information on a record does not exempt the record from inspection. Unredacted records that contain protected personal identifier information shall not be made available on publicly accessible web sites operated by or managed on behalf of a public body."

     SECTION 2. Section 40-13-11 NMSA 1978 (being Laws 2007, Chapter 131, Section 1) is amended to read:

     "40-13-11. SUBSTITUTE ADDRESS.--

          A. A victim of domestic abuse, or the victim's representative pursuant to Section 31-26-3 NMSA 1978, who has good reason to believe that the victim's safety is at risk may apply to the secretary of state for the use of the secretary of state as a substitute address. The application shall be on a form provided by the secretary of state and shall include:

                (1) a statement that the secretary of state is acting as an agent of the victim for purposes of the forwarding of mail;

                (2) a mailing address for forwarding received mail and a telephone number where the victim can be contacted by the secretary of state;

                (3) payment of a [seventy-five-dollar ($75.00)] twenty-five-dollar ($25.00) application fee, which may be waived if the applicant is indigent; and

                (4) the signature of the victim or the victim's representative.

          B. The secretary of state shall maintain [a] as confidential [record] all records of applications for a substitute address and shall:

                (1) maintain all tangible copies of such records in locked file cabinets, locked drawers or another locked storage location;

                (2) maintain all electronic forms of the records in a password-protected system; and

                (3) restrict access to the records only to staff qualified for access pursuant to the provisions of Subsection C of this section.

          C. The secretary of state shall establish a restricted access qualification system providing that staff with access to the confidential substitute address records pursuant to this section shall:

                (1) prior to gaining access, submit to and pass a criminal background check to be completed by the department of public safety; and

                (2) successfully complete a forty-hour domestic violence training course provided by the children, youth and families department or sexual assault training provided by the department of health or the New Mexico crime victims reparation commission.

          D. The secretary of state shall promulgate rules and work with the department of public safety to implement the procedures necessary to complete the background checks provided for in Paragraph (1) of Subsection C of this section.

          E. Pursuant to the Inspection of Public Records Act, substitute address records of domestic abuse victims, as provided for in this section, are exempt from public inspection.

          F. The secretary of state shall forward any mail received on behalf of a victim of domestic abuse to the new mailing address provided on the application."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this is July 1, 2013.

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