SENATE BILL 453

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO LAW ENFORCEMENT; REQUIRING THE DEPARTMENT OF PUBLIC SAFETY TO COLLECT DATA ON MISSING AND MURDERED NATIVE AMERICANS.

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

     SECTION 1. A new section of the Department of Public Safety Act is enacted to read:

     "[NEW MATERIAL] DATA COLLECTION--MISSING AND MURDERED NATIVE AMERICANS.--

          A. The secretary shall collect and maintain statistics on Native Americans who were reported missing in New Mexico, including the:

                (1) ages of missing persons;

                (2) genders of missing persons;

                (3) tribal enrollment or affiliation information of missing persons, if available;

                (4) current number of open cases of missing Native Americans in New Mexico;

                (5) total number of closed cases of missing Native Americans in New Mexico each calendar year; and

                (6) other relevant information as required by the secretary.

          B. The secretary shall collect and maintain statistics on Native Americans who were murdered or whose remains were discovered in New Mexico, including the:

                (1) ages of deceased persons;

                (2) genders of deceased persons;

                (3) tribal enrollment affiliation or information of deceased persons, if available;

                (4) current number of open cases of murdered Native Americans in New Mexico;

                (5) total number of closed cases of murdered Native Americans in New Mexico each calendar year; and

                (6) other relevant information as required by the secretary.

          C. In an effort to develop guidelines to respond to cases of missing and murdered Native Americans, the secretary shall collaborate with:

                (1) the United States department of justice;

                (2) the federal bureau of investigation;

                (3) the federal bureau of Indian affairs;

                (4) tribal, state and local law enforcement agencies;

                (5) medical examiners;

                (6) coroners; and

                (7) tribal, state and local organizations that provide victim services.

          D. The guidelines to respond to cases of missing and murdered Native Americans shall include:

                (1) best practices on interjurisdictional cooperation among law enforcement agencies at the tribal, federal, state and local levels, including interjurisdictional enforcement of protection orders and detailing specific responsibilities of each law enforcement agency;

                (2) best practices for conducting searches for missing persons on Indian land;

                (3) standards on the collection, reporting and analysis of data and information on missing persons and unidentified human remains and information on culturally appropriate identification and handling of human remains identified as Native American, including guidance stating that all appropriate information related to missing and murdered Native Americans be entered in a timely manner into applicable databases;

                (4) best practices on improving law enforcement agency response rates and follow-up responses to cases of missing and murdered Native Americans; and

                (5) best practices on ensuring access to culturally appropriate victim services for victims and their families."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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