SB 12 — AG OFFICE FOR MISSING INDIGENOUS PERSONS

SENATEAN JUDICIARYACT COMMITTEERELATING SUBSTITUTETO FORLAW SENATEENFORCEMENT; BILL 12 55TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2022 This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

TheCREATING documentTHE isPOSITION aOF toolMISSING toINDIGENOUS showPERSONS amendmentsSPECIALIST inWITHIN contextTHE andOFFICE cannotOF beTHE usedATTORNEY forGENERAL; the purpose of adding amendments to legislation.

h AN ACT g o RELATING TO LAW ENFORCEMENT;

CREATING THE POSITION OF MISSING t hr g e i k INDIGENOUS PERSONS SPECIALIST WITHIN THE OFFICE OF THE ATTORNEY h r i s GENERAL;

CREATING THE PARTNERSHIP IN NATIVE h , t, AMERICAN COMMUNITIES NETWORK GRANT PROGRAM;

CREATING THE e u g e b l e e h PARTNERSHIP IN NATIVE AMERICAN COMMUNITIES NETWORK GRANT FUND;

n d d i = = o h MAKING SJCºAN APPROPRIATIONS»SJCAPPROPRIATION; SJCºAN APPROPRIATION»SJC;

l ] b ,d i a º e DECLARING AN EMERGENCY.

rBE iIT =ENACTED rBY tTHE eLEGISLATURE wOF dTHE mSTATE aOF nNEW oMEXICO: d m :

b e d s º o t n = .222620.1AIC February 14, 2022 (4:35pm) s k m e e a n e d r e l u [ A d SJC/SB 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

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

"[NEW"ATTORNEY MATERIAL] ATTORNEY GENERAL--AUTHORITY TO INVESTIGATE AND PROSECUTE MISSING INDIGENOUS PERSONS CASES.--The attorney general shall assistassist, SJCº , with the consent of an Indian nation, tribe or pueblo,»SJCpueblo, 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"MISSING MATERIAL] MISSING INDIGENOUS PERSONS SPECIALISTS--SPECIALISTS--DUTIES.-- DUTIES.-- A.

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

gSJC/SB o12 tPage hr1 B.

The attorney general shall employ one or more g e i k missing indigenous persons specialists, who shall work in h r i s collaboration with local, state, federal and tribal law h , t, enforcement agencies on missing indigenous persons cases e u g e b l e e h pursuant to the Missing Persons Information and Reporting Act.

n d d i = = o h C.

The missing indigenous persons specialists l ] b ,d i a º e shall:

r(1) ireview =entries rin tthe edatabase wof dthe mnational acrime ninformation ocenter (1)of reviewthe entriesUnited inStates department of justice and other databases, including the databasemissing persons information clearinghouse, to ensure records of themissing dindigenous mpersons :are accurate, complete and made in a timely fashion;

b e d s º o t n = .222620.1AIC February 14, 2022 (4:35pm) s k m e - 2 - e a n e d r e l u [ A d SJC/SB 12 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;

SJC/SB 12 Page 2 (5) compile reports of pending missing h u » r indigenous persons cases, including the status of pending t h g e missing indigenous persons cases, the clearance rate of l i h r investigating agencies responsible for tracking missing i s h , e h indigenous persons cases and an analysis by year of the t u g e b l characteristics of missing indigenous persons;

e e , gh n d d i (6) assist with alerts and advisories at the = = o h l ] b ,d i a º r request of the department of public safety to assist in e r = t e w d locating a missing indigenous person;

and m(7) acollaborate nwith othe dNew mMexico :law enforcement academy to facilitate training for law enforcement agencies related to missing indigenous persons cases." SECTION 3.

b r e t º o t n = .222620.1AIC February 14, 2022 (4:35pm) s k m e - 3 - e a n e d r e l u [ A d SJC/SB 12 (7) collaborate with the New Mexico law enforcement academy to facilitate training for law enforcement agencies related to missing indigenous persons cases." SECTION 3.

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

The "partnership in Native American communities network" shall be developed and operated by the office of the SJC/SB 12 Page 3 attorney general as an online portal with a database to h securely upload information regarding missing indigenous g o persons.

t hr g e i k C.

The office of the attorney general shall award h r i s grants to create and administer the Native American communities h , t, network and develop the application and criteria for the grant e u g e b l e e h program.

The partnership in Native American communities n d d i = = o h network grant program criteria shall include:

l ] b ,d i a º e (1) policies and standards for technology r i = r t e w d m a n o equipment, including data storage and security of information dentered minto :the network;

b e d s º o t n = .222620.1AIC February 14, 2022 (4:35pm) s k m e - 4 - e a n e d r e l u [ A d SJC/SB 12 entered into the network;

A new section of Chapter 8, Article 5 NMSA SJC/SB 12 Page 4 1978 is enacted to read:

h"PARTNERSHIP "[NEW MATERIAL] PARTNERSHIP IN NATIVE AMERICAN COMMUNITIES g o NETWORK GRANT FUND--CREATED.--The "partnership in Native t hr g e American communities network grant fund" is created in the i k h r i s state treasury.

The fund consists of appropriations, gifts, h , t, grants and donations.

Money in the fund at the end of fiscal e u g e b l year SJCº2024 2023»SJC SJCº2024»SJC shall revert to the econsumer e h n d d i SJCº general fund»SJC SJCºconsumer settlement fund of the = = o h l ] b ,d i a º e office of the attorney general»SJC.general.

The office of the attorney rgeneral ishall =administer rthe tfund, eand wmoney din the fund is appropriated to the office of the attorney general shallto administer the fund,partnership in Native American communities network grant program and moneyto incarry out the fundprovisions isof mSection a3 nof othis d2022 mact. :

bDisbursements efrom dthe sfund ºshall obe tmade nby =warrant .222620.1AICsigned Februaryby 14,the 2022secretary (4:35pm)of sfinance kand madministration epursuant - 5 - e a n e d r e l u [ A d SJC/SB 12 appropriated to thevouchers officesigned ofby the attorney general toor administer the partnershipattorney ingeneral's Nativeauthorized Americanrepresentative." communitiesSECTION network5. grant program and to carry out the provisions of Section 3 of this 2022 act.

DisbursementsAPPROPRIATION.--One million dollars ($1,000,000) is appropriated from the consumer settlement fund shallof bethe madeoffice byof warrantthe signedattorney bygeneral to the secretarypartnership ofin financeNative andAmerican administrationcommunities pursuantnetwork togrant vouchersfund signedfor byexpenditure thein attorneyfiscal generalyears or2023 and 2024 to provide grants in accordance with the attorneypartnership general'sin authorizedNative representative."American SJCºSECTIONcommunities 5.network grant program.

APPROPRIATIONS.--Any A.unexpended or unencumbered balance remaining at the end of fiscal year 2024 SJC/SB 12 Page 5 shall revert to the consumer settlement fund of the office of the attorney general.