SB 92 — STATUS OF SOME FOUND MISSING PERSONS

SENATEAN BILLACT 92RELATING 55THTO LEGISLATUREMISSING -PERSONS; STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Linda M.

LopezREQUIRING ThisCONFIDENTIALITY documentOF mayA incorporateFOUND amendmentsPERSON'S proposedSTATUS byAND aLOCATION committee,IN butCERTAIN notCIRCUMSTANCES. yet adopted, as well as amendments that have been adopted during the current legislative session.

The5 documentBE isIT aENACTED toolBY toTHE showLEGISLATURE amendmentsOF inTHE contextSTATE andOF cannotNEW beMEXICO: used for the purpose of adding amendments to legislation.

hSECTION AN1. ACT g o RELATING TO MISSING PERSONS;

REQUIRINGSection CONFIDENTIALITY29-15-5 OFNMSA A1978 t(being hrLaws g1995, eChapter i146, kSection FOUND5, PERSON'Sas STATUSamended) ANDis LOCATIONamended INto CERTAINread: CIRCUMSTANCES.

h"29-15-5. r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

eCUSTODIAN uOR gIMMEDIATE eFAMILY bMEMBER lREQUEST eFOR eINFORMATION.-- hA. SECTION 1.

Section 29-15-5 NMSA 1978 (being Laws 1995, n d d i = = o h Chapter 146, Section 5, as amended) is amended to read:

l ] b ,d i a º e "29-15-5.

CUSTODIAN OR IMMEDIATE FAMILY MEMBER REQUEST r i = r t e w d m a n o FOR INFORMATION.-- d m :

b e d s º o t n = .218706.1AIC March 16, 2021 (9:51am) s k m e e a n e d r e l u [ A d A.

A law enforcement agency shall not report to a custodian or immediate family member pursuant to Subsection B SB 92 Page 1 of this section if the missing person Sfl1ºisis not a hminor, minor,»Sfl1 has been found and has informed a law enforcement u » r agency or the clearinghouse that the person requests t h g e l i confidentiality regarding the person's status and location.

hIf r i s Hfl2ºSJCºIf the missing person who requests confidentiality h , e h regarding the person's status and location is a person with a t u g e b l e e , gh custodian appointed by a judge, the law enforcement agency n d d i = = o h shall inform the court that the person has been found and has l ] b ,d i a º r requested confidentiality regarding the person's status and elocation. r = t e w d m a n o location.»SJC»Hfl2 Hfl2ºIf the missing person who requests d m :

b r e t º o t n = .218706.1AIC March 16, 2021 (9:51am) s k m e - 2 - e a n e d r e l u [ A d confidentiality regarding the person's status and location is a person with a custodian appointed by a judge, the law enforcement agency shall informalso report to the courtcustodian that the person has been found andunless hasthere requestedis confidentialitycompetent regardingevidence thethat person'sto statusdo andso location.may cause harm to the incapacitated person.

AD. law enforcement agency shall also report to the custodian that the person has been found unless there is competent evidence that to do so may cause harm to the incapacitated person.»Hfl2 Hfl1º"»Hfl1 Hfl1ºD.

The Inspection of Public Records Act shall not apply to a request to inspect records regarding a person who has requested confidentiality pursuant to Subsection C of this section."»Hfl1section." SECTION 2.

The department of public safety shall by rule h provide for the classification of information and records as u » r t h confidential that:

g e l i (1) are otherwise confidential under state or h r i s federal law or rules adopted pursuant to state or federal SB 92 Page 2 law;

h , e h t u g (2) are related to the investigation by a law e b l e e , gh enforcement agency of a missing person or unidentified human n d d i = = o h remains, if the department of public safety, in consultation l ] b ,d i a º r e r = with the law enforcement agency, determines that release of the t e w d m a n o information would be deleterious to the investigation;

d(3) mare :records or notations that the clearinghouse maintains for internal use in matters relating to missing persons and unidentified human remains and the department of public safety determines that release of the internal documents might interfere with an investigation by a law enforcement agency in New Mexico or any other jurisdiction;

b r e t º o t n = .218706.1AIC March 16, 2021 (9:51am) s k m e - 3 - e a n e d r e l u [ A d (3) are records or notations that the clearinghouse maintains for internal use in matters relating to missing persons and unidentified human remains and the department of public safety determines that release of the internal documents might interfere with an investigation by a law enforcement agency in New Mexico or any other jurisdiction;

The rule may provide for the sharing of confidential information with the custodian or immediate family member of the missing person, except as provided pursuant to Section 29-15-5 NMSA 1978." -SB 492 -Page h3 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .218706.1AIC March 16, 2021 (9:51am) s k m e e a n e d r e l u [ A d