HB 153 — PROTECT REPORTERS FROM EXPLOITATIVE SPYING

HOUSE JUDICIARYBILL COMMITTEE153 SUBSTITUTE57TH FORLEGISLATURE HOUSE- BILLSTATEOFNEWMEXICO- 153FIRST 57SESSION, TH2025 LEGISLATUR-INTRODUCED STATEBY OFSarah NEWSilva MEXICOand -Javier FIRSTMartínez SESSIO,and 2025Peter 4Wirth 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby JOURNALISM;a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

ENACTINGThe THEdocument PROTECTis REPORTERSa FROMtool EXPLOITATIVEto STATEshow SPYINGamendments ACT;in context and cannot be used for the purpose of adding amendments to legislation.

REPEALINGh ANDAN ENACTINGACT SECTIONSg OFo THERELATING NMSATO 1978.JOURNALISM;

15ENACTING BETHE ITPROTECT ENACTEDREPORTERS BYFROM THEt LEGISLATUREhr OFg THEe STATEi OFk NEWEXPLOITATIVE MEXICO:STATE SPYING ACT;

SECTIONREPEALING 1.AND ENACTING SECTIONS h r i s OF THE NMSA 1978.

[NEWh MATERIAL], SHORTt, TITLE.--Thise actu mayg be e tb 17l citede ase theh "ProtectBE ReportersIT fromENACTED ExploitativeBY StateTHE SpyingLEGISLATURE wOF lTHE nSTATE dOF 18NEW Act".MEXICO:

n d d i = = 19o ah l SECTION 2.1.

[NEW MATERIAL]MATERIAL DEFINITIONS.--As] usedSHORT inTITLE.--This theact may be l ] b ,d i a º e rcited 20as Protectthe "Protect Reporters from Exploitative State Spying Act:r i = r t e w d m a n o Act".

ad t m m: 21 A.

"coveredb journalist"e means a person who d rs eº 22o regularlyt gathers,n prepares,= collects,.229224.2AIC photographs,February records,12, c2025 e(8:26pm) s k 23m writes,e edits, reports, investigates or publishes news or e a n be 24d informationr thate concernsl local, national or international u [ eventsA ord otherSECTION matters2. of public interest for dissemination to .230685.3 HJC/HB 153 the public;

[NEW MATERIAL] DEFINITIONS.--As used in the Protect Reporters from Exploitative State Spying Act:

A.

"covered journalist" means a person who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, investigates or publishes news or information that concerns local, national or international events or other matters of public interest for dissemination to the public;

h (3) a provider of a remote computing service;

g o t hr and g e i k (4) a provider of an electronic communication h r i s service to the public;

h , t, C.

"document" means writings, recordings and e u g e b l e e h photographs, as those terms are defined by Rule 11-1001 NMRA;

n d d i = = o h D.

"journalism" means gathering, preparing, el t] 17b ,d i a º e collecting, photographing, recording, writing, editing, wr li n= r t e w d 18m a n o reporting, investigating or publishing news or information that =d =m 19: concerns local, national or international events or other a l i a e r 20 matters of public interest for dissemination to the public;

ab e d s º o t mn = .229224.2AIC February 12, 2025 (8:26pm) s k m 21e E.- 2 - e a n e d r e l u [ A d concerns local, national or international events or other matters of public interest for dissemination to the public;

"personalE. account of a covered journalist" means d r e 22 an account with a covered service provider used by a covered c e s k 23 journalist that is not provided, administered or operated by e a n b 24 the employer of the covered journalist;

u"personal [account F.of a covered journalist" means an account with a covered service provider used by a covered journalist that is not provided, administered or operated by the employer of the covered journalist;

"personalF. technology device of a covered .230685.3 - 2 - HJC/HB 153 journalist" means a handheld communications device, laptop computer, desktop computer or other internet-connected device used by a covered journalist that is not provided or administered by the employer of the covered journalist;

"personal technology device of a covered journalist" means a handheld communications device, laptop computer, desktop computer or other internet-connected device used by a covered journalist that is not provided or administered by the employer of the covered journalist;

"protected information" means any information identifying a source who provided information as part of engaging in journalism and any records, contents of a communication, documents or information that a covered journalist obtained or created as part of engaging in h journalism;

and u » r H.

"state entity" means an entity or employee of t h g e l i the HCPACº legislative oror»HCPAC executive branch ofHCPACºof the h r i s state governmentgovernment»HCPAC or an administrative agency of the state h , e h government with the power to issue a subpoena or issue other t u g e b l e e , gh compulsory process.

n d d i = = o h SECTION 3.

[NEW MATERIAL]MATERIAL ] LIMITS ON COMPELLED DISCLOSURE FROM COVERED JOURNALISTS.--In any matter arising under state e t 17 law, a state entity shall not compel a covered journalist to w l n] db 18,d disclose protected information unless a court in the judicial = = 19 district in which the subpoena or other compulsory process has a l i a eº r 20FROM beenCOVERED issued,JOURNALISTS.--In orany inmatter thearising caseunder of a state entitye requiredr by= a t me mw 21d statutem to apply to a courtn too issuelaw, a subpoena in connection d r e 22 with the state entity'sentity ownshall investigationsnot orcompel proceedings, is c e s k 23 sought to be issued, determines by a preponderancecovered ofjournalist the e a n b 24 evidence, after providing notice and an opportunity to bed heardm u: [ to the covered journalist, that:

.230685.3b r e t º o t n = .229224.2AIC February 12, 2025 (8:26pm) s k m e - 3 - HJC/HBe 153a A.n e d r e l u [ A d disclose protected information unless a court in the judicial district in which the subpoena or other compulsory process HCPACº is,»HCPAC HCPACºhas been»HCPAC HCPACºor will be,»HCPAC issued determines by a preponderance of the evidence, after providing notice and an opportunity to be heard to the covered journalist, that:

A.

disclosure of the protected information is necessary to prevent a threat of imminent violence, greatsignificant bodily harm or death, including specified offenses against a minor.

[NEW MATERIAL]MATERIAL ] LIMITS ON COMPELLED DISCLOSURE FROM COVERED SERVICE PROVIDERS.-- A.

In any matter arising under state law, a state h entity shall not compel a covered service provider to provide u » r testimony or any document consisting of any record, information t h g e l i or other communications stored by a covered service provider on behalf h r i s of a covered journalist, including testimony or any document h , e h relating to a personal account of a covered journalist or a t u g e b l e e , gh personal technology device of a covered journalist, unless ea tn 17d ad i = = o h court in the judicial district in which the subpoena or other w l n] db 18,d compulsoryi process has been issued, or in the case of a stateº =r =compulsory 19process entityHCPACº requiredis, byor statutewill tobe,»HCPAC applyHCPACºhas to a court to issue a a l i a e r 20= subpoenat ine connectionw withd them state entity's own a tn mo mbeen»HCPAC 21issued investigations or proceedings, is sought to be issued, d r e 22 determines by a preponderance of the evidence thatd therem is: a c e s k 23 reasonable threat of imminent violence if the testimony or e a n b 24 document is not provided and issues an order authorizing the u [ state entity to compel the disclosure of the testimony or .230685.3 - 4 - HJC/HB 153 document.

b r e t º o t n = .229224.2AIC February 12, 2025 (8:26pm) s k m e - 4 - e a n e d r e l u [ A d that there is a reasonable threat of imminent violence HCPACº unless»HCPAC HCPACºif»HCPAC the testimony or document is HCPACºnot»HCPAC provided and issues an order authorizing the state entity to compel the disclosure of the testimony or document.

(1) notice of the subpoena or other compulsory h request for such testimony or document from the covered service u » r provider not later than the time at which the subpoena or t h g e l i request is issued to the covered service provider;

and h r i s (2) an opportunity to be heard before the eh t, 17e h court before the time at which the provision of the testimony wt u g e b l ne de 18, gh or document is compelled.

n d d i = = 19o h D.

Notice and an opportunity to be heard pursuant a l ] b ,d i a eº r 20 to Subsection C of this section may be delayed for not more ae r = t me w d m 21a n o than forty-five days if the court involved determines there is d rm e: 22 clear and convincing evidence that the notice would pose a c e s k 23 clear and substantial threat to the integrity of a criminal e a n b 24 investigation or would present an imminent risk of death or u [ great bodily harm, including specified offenses against a .230685.3 - 5 - HJC/HB 153 minor.

b r e t º o t n = .229224.2AIC February 12, 2025 (8:26pm) s k m e - 5 - e a n e d r e l u [ A d clear and convincing evidence that the notice would pose a clear and substantial threat to the integrity of a criminal investigation or would present an imminent risk of death or serious bodily harm, including specified offenses against a minor.