SENATE BILL 12

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

INTRODUCED BY

Shannon D. Pinto and Linda M. Lopez and Pamelya Herndon

AN ACT

RELATING TO LAW ENFORCEMENT; CREATING THE POSITION OF MISSING INDIGENOUS PERSONS SPECIALIST WITHIN THE OFFICE OF THE ATTORNEY GENERAL; PROVIDING DUTIES; CREATING THE PARTNERSHIP IN NATIVE AMERICAN COMMUNITIES NETWORK GRANT PROGRAM; CREATING THE PARTNERSHIP IN NATIVE AMERICAN COMMUNITIES NETWORK GRANT FUND; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

     SECTION 1. A new section of Chapter 8, Article 5 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ATTORNEY GENERAL--AUTHORITY TO INVESTIGATE AND PROSECUTE MISSING INDIGENOUS PERSONS CASES.--The attorney general may assist with the investigation and prosecution of all missing persons cases in which one or more indigenous persons are reasonably believed to be victims pursuant to the Missing Persons Information and Reporting Act."

     SECTION 2. A new section of Chapter 8, Article 5 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] MISSING INDIGENOUS PERSONS SPECIALISTS--DUTIES--TRAINING.--

          A. The position of "missing indigenous persons specialist" is created within the office of the attorney general.

          B. The attorney general shall employ one or more missing indigenous persons specialists, who shall work in collaboration with local, state, federal and tribal law enforcement agencies on missing indigenous persons cases pursuant to the Missing Persons Information and Reporting Act.

          C. The missing indigenous persons specialists shall:

                (1) provide assistance to the attorney general during the investigation and prosecution of all missing persons cases in which one or more indigenous persons are reasonably believed to be victims, pursuant to the Missing Persons Information and Reporting Act;

                (2) provide the attorney general with support in assisting law enforcement agencies and families in the search for missing indigenous persons;

                (3) review entries in the database of the national crime information center of the United States department of justice and other databases, including the missing persons information clearinghouse, to ensure records of missing indigenous persons are accurate, complete and made in a timely fashion;

                (4) review and determine the appropriate jurisdictional authority for investigation and prosecution;

                (5) collaborate with other state and international missing persons programs and the national center for missing and exploited children to aid in locating indigenous children who are unlawfully taken out of or unlawfully brought into New Mexico;

                (6) provide public outreach and education on missing indigenous persons issues and the prevention of indigenous child abductions;

                (7) provide support and technical assistance to law enforcement agencies regarding data collection, data sharing and the cooperative use of available resources;

                (8) compile reports of pending missing indigenous persons cases, including the status of pending missing indigenous persons cases, the clearance rate of investigating agencies responsible for tracking missing indigenous persons cases and an analysis by year of the characteristics of missing indigenous persons;

                (9) assist with alerts and advisories at the request of the department of public safety to assist in locating a missing indigenous person; and

                (10) collaborate with the New Mexico law enforcement academy to facilitate training for law enforcement agencies related to missing indigenous persons cases.

          D. The missing indigenous persons specialists shall complete cultural competency and trauma-informed investigation training relevant to indigenous cultures."

     SECTION 3. A new section of Chapter 8, Article 5 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PARTNERSHIP IN NATIVE AMERICAN COMMUNITIES NETWORK GRANT PROGRAM--CREATED--PURPOSE.--

          A. The "partnership in Native American communities network grant program" is created within the office of the attorney general. The purpose of the program is to create a network to support the efforts by the state's Indian nations, tribes and pueblos to identify, report and find Native Americans who are missing.

          B. The "partnership in Native American communities network" shall be developed and operated by the office of the attorney general as an online portal with a database that allows the Indian nations, tribes and pueblos to securely upload information regarding missing persons from those communities. The partnership in Native American communities network shall be maintained in a manner that is easily accessible to the Indian nations, tribes and pueblos for providing information to assist in identifying, reporting and finding Native Americans who are missing.

          C. The office of the attorney general shall award one tribal educational entity a grant to create and administer a central administration point for the partnership in Native American communities network. The office of the attorney general shall develop the application and criteria for the partnership in Native American communities network grant program. The partnership in Native American communities network grant program criteria shall include:

                (1) policies and standards for technology equipment, including data storage and security of information entered into the network;

                (2) standards for data verification;

                (3) job qualifications and requirements for a data specialist to administer the network;

                (4) development of a system to provide automatic initial alerts pursuant to law enforcement, tribal and community organizations when a missing indigenous person report is made, including determining which law enforcement agencies shall receive the automatic initial alert;

                (5) development of a standard reporting form that includes space to provide the information to be used by the data specialist to report to the missing persons information clearinghouse. The standard reporting form required shall allow a data specialist to enter the information about the missing indigenous person, including:

                     (a) name and any aliases or nicknames;

                     (b) gender, age, height, weight and other descriptive physical characteristics;

                     (c) tribal affiliation, if any;

                     (d) last known location and related information, including the date of last contact with the missing indigenous person and the person with whom the missing

indigenous person last made contact; and

                     (e) photographs, including photographs obtained from an online or social media profile; and

                (6) administrative rights to the network for a designee at each participating tribal agency.

          D. The office of the attorney general may provide additional smaller, noncompetitive grants through the partnership in Native American communities network grant program to be awarded to a qualifying tribal agency at each Indian nation, tribe and pueblo within the state that submits a complete application. Grants awarded under this subsection shall provide matching funds for some or all of the costs required for the tribal agency to set up and maintain access to the partnership in Native American communities network."

     SECTION 4. A new section of Chapter 8, Article 5 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PARTNERSHIP IN NATIVE AMERICAN COMMUNITIES NETWORK GRANT FUND--CREATED.--The "partnership in Native American communities network grant fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations. Money in the fund at the end of fiscal year 2023 shall revert to the general fund. The office of the attorney general shall administer the fund, and money in the fund is appropriated to the office of the attorney general to administer the partnership in Native American communities network grant program and to carry out the provisions of Section 3 of this 2022 act. Disbursements from the fund shall be made by warrant signed by the secretary of finance and administration pursuant to vouchers signed by the attorney general or the attorney general's authorized representative."

     SECTION 5. APPROPRIATIONS.--

          A. One million dollars ($1,000,000) is appropriated from the general fund to the office of the attorney general for expenditure in fiscal year 2023 and subsequent fiscal years for the office of the attorney general to employ one or more full-time missing indigenous persons specialists to provide support services to the attorney general and to provide cultural competency training for the missing indigenous persons specialists. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

          B. One million dollars ($1,000,000) is appropriated from the general fund to the partnership in Native American communities network grant fund for expenditure in fiscal year 2023 to provide grants in accordance with the partnership in Native American communities network grant program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2023 shall revert to the general fund.

     SECTION 6. DELAYED REPEAL.--Sections 3 and 4 of this act are repealed effective July 1, 2023.

     SECTION 7. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect immediately.

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