SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 225

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

 

 

 

 

 

 

 

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; MAKING AVAILABLE GLOBAL POSITIONING SYSTEM DATA ON DEFENDANTS ON PRETRIAL RELEASE; 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] AVAILABILITY OF GLOBAL POSITIONING SYSTEM DATA ON DEFENDANTS ON PRETRIAL RELEASE.--Any public entity that possesses global positioning system data with respect to a defendant on pretrial release shall make that data available to a law enforcement officer upon the law enforcement officer's request made in connection with a criminal investigation. The law enforcement officer may request immediate access to the data if it involves an investigation of:

          A. any of the following serious violent

felony offenses:

                (1) murder in the first degree;

                (2) first or second degree felony human trafficking of a child;

                (3) first degree felony abuse of a child;

                (4) sexual exploitation of a child constituting at least a second degree felony; or

                (5) a serious violent felony offense as

provided in Subparagraphs (a) through (n) of Paragraph (4) of

Subsection L of Section 33-2-34 NMSA 1978;

          B. a felony offense during which a firearm

was brandished pursuant to Section 31-18-16 NMSA 1978 or during

which a firearm was discharged; or

          C. a felony offense during which great bodily

harm was inflicted as defined in Section 30-1-12 NMSA 1978 or

that caused the death of a person."

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

- 2 -