HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 5

55th legislature - STATE OF NEW MEXICO - second session, 2022

 

 

 

 

 

 

 

AN ACT

RELATING TO PRETRIAL RELEASE; REQUIRING CONTINUOUS ELECTRONIC LOCATION MONITORING OF CERTAIN DEFENDANTS ON PRETRIAL RELEASE; REQUIRING COLLECTION AND MAINTENANCE OF ELECTRONIC LOCATION MONITORING DATA FOR THOSE DEFENDANTS; REQUIRING NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF VIOLATIONS OF COURT-ORDERED ELECTRONIC LOCATION MONITORING; REQUIRING AVAILABILITY OF ELECTRONIC LOCATION MONITORING DATA TO LAW ENFORCEMENT AGENCIES, DISTRICT ATTORNEYS, PUBLIC DEFENDERS AND THE OFFICE OF THE ATTORNEY GENERAL; DECLARING AN EMERGENCY.

 

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

     SECTION 1. A new section of Chapter 31, Article 3 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] COURT-ORDERED ELECTRONIC LOCATION MONITORING OF CERTAIN DEFENDANTS ON PRETRIAL RELEASE--COLLECTION AND MAINTENANCE OF DATA--NOTIFICATION OF VIOLATIONS--DATA AVAILABILITY.--

          A. When a court orders electronic location monitoring of a defendant charged with a felony as a condition of pretrial release, the electronic location monitoring of the defendant shall be conducted for twenty-four hours per day and seven days per week. The data obtained from the electronic location monitoring shall be collected for the duration of the period for which the monitoring is required and shall be maintained for at least five years.

          B. An entity conducting electronic location monitoring of a defendant on pretrial release shall immediately notify each law enforcement agency within the jurisdiction of the court of a violation of a requirement for electronic location monitoring, including the defendant's presence in a prohibited location or the disabling of an electronic location monitoring device.

          C. The electronic location monitoring data maintained pursuant to this section shall be made available, upon request, to a law enforcement agency, a district attorney, a public defender or the office of the attorney general."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 2 -