2021 New Mexico Statutes
Article 3 - Identification of Criminals
Section 29-3-8 - Biometric identifying information of persons arrested; state arrest records; disposition.

A. A booking facility shall electronically collect biometric identifying information from a person arrested for the following crimes prior to the person's release:
(1) the commission of a criminal offense amounting to a felony;
(2) the commission of a criminal offense not amounting to a felony but punishable by imprisonment for more than six months under the laws of the state or a political subdivision of the state; or
(3) the violation of a provision of Section 66-8-102 NMSA 1978 or the violation of a municipal or county ordinance prescribing criminal penalties for driving while under the influence of intoxicating liquor or drugs.
B. Biometric identifying information shall be obtained each time a person is arrested.
C. At the time biometric identifying information is collected, the booking facility shall create an arrest record with a state arrest tracking number provided by the department. The arrest record shall include:
(1) the date of arrest;
(2) the state arrest tracking number assigned to the arrest record;
(3) the state personal identification number assigned to the arrestee by the department;
(4) the arrestee's biometric identifying information; and
(5) a completed description with charge code of each offense charged.
D. The department shall promulgate rules addressing:
(1) collection of biometric identifying information;
(2) submission of biometric identifying information;
(3) creation of a state personal identification number system to identify a person arrested and charged with a crime and ensure that the same state personal identification number is assigned to the person regardless of the number of times the person is arrested or the location of the arrest within the state; and
(4) creation of a state arrest tracking number system for each arrest record.
E. At booking, the booking facility shall immediately forward the arrest record and any other information required by department rule to the department.
F. The department shall immediately provide the:
(1) biometric identifying information to the federal bureau of investigation in Washington, D.C.;
(2) state personal identification number to agencies at all levels of government that are engaged in the apprehension, prosecution or defense, adjudication, incarceration or rehabilitation of criminal offenders; and
(3) arrest record to the administrative office of the district attorneys for submission to the appropriate prosecuting authority.
G. Biometric identifying information shall be collected from an inmate who is charged with a felony or misdemeanor offense while incarcerated, and the jail or corrections facility shall forward the offender's biometric identifying information to the department.
H. The administrative office of the courts shall provide to the department the disposition of all criminal cases assigned a state arrest tracking number. The disposition shall be provided in electronic format, promptly upon the conclusion of the case.
I. The administrative office of the district attorneys shall provide to the department the disposition of all criminal cases assigned a state arrest tracking number when the district attorney decides not to file charges in the case. The disposition shall be provided in electronic format promptly upon a district attorney's decision not to file charges in the case.
J. The department shall forward the disposition of all criminal cases to the federal bureau of investigation and the national crime information center within five business days of receipt.
K. Law enforcement agencies, the administrative office of the courts and the administrative office of the district attorneys shall allow the department access to their records for the purpose of auditing those records to ensure compliance with the provisions of this section.
L. As used in this section:
(1) "biometric identifying information" means physical characteristics used in verifying the identity of an individual, including photographs, fingerprint impressions and palm print impressions;
(2) "booking facility" means a jail, police station, sheriff's office or other place of detention;
(3) "charge code" means the unique code assigned to the crime from the master charge code table distributed by the New Mexico justice information sharing council;
(4) "state arrest tracking number" means an incident-based unique number assigned to the arrest; and
(5) "state personal identification number" means a unique number assigned to the arrestee based on the arrestee's biometric identifying information.
History: 1953 Comp., § 39-3-8, enacted by Laws 1978, ch. 87, § 1; 1979, ch. 202, § 40; 1997, ch. 242, § 2; 2002, ch. 46, § 1; 2011, ch. 17, § 1; 2019, ch. 192, § 2.
Repeals and reenactments. — Laws 1977, ch. 364, § 1, repealed former 39-3-8, 1953 Comp., relating to fingerprinting of persons arrested for felonies and disposition of prints, and enacted a new 39-3-8, 1953 Comp. (29-3-8 NMSA 1978).
Laws 1978, ch. 87, § 1, repealed 39-3-8, 1953 Comp. (29-3-8 NMSA 1978), relating to fingerprinting of persons arrested and disposition, and enacted a new 29-3-8 NMSA 1978.
The 2019 amendment, effective July 1, 2019, specified that photographs, fingerprints and palm prints are biometric identifying information of an arrested person; required booking facilities to electronically collect biometric identifying information from a person arrested for certain crimes, provided requirements for the content and disposition of arrest records, required the department of public safety to promulgate rules addressing the collection of biometric identifying information, and provided additional duties for the department of public safety; in the section heading, deleted "fingerprint and palm print impressions" and added "biometric identifying information", and after "arrested", added "state arrest records"; in Subsection A, after "A", deleted "person arrested for" and added "booking facility shall electronically collect biometric identifying information from a person arrested for the following crimes prior to the person's release", in Paragraph A(1), after "felony", deleted "under the laws of this state or any other jurisdiction shall be required by the arresting peace officer or the jail to make fingerprint and palm print impressions prior to the person's release. The arresting peace officer or the jail shall obtain fingerprint and palm print impressions and a photograph", added new Paragraphs A(2) and A(3); in Subsection B, added "Biometric identifying information shall be obtained"; in Subsection C, after "time", deleted "of fingerprinting and palm printing" and added "biometric identifying information is collected, the booking facility shall create an arrest record with", after "state", added "arrest", and after "number", deleted "shall be assigned to the fingerprint and palm print records and the booking sheet." and added "provided by the department. The arrest record shall include", and added Paragraphs C(1) through C(5); deleted former Subsections B and C, added new Subsections D and E and redesignated former Subsections D through G as Subsections F through I, respectively; in Subsection F, deleted "Fingerprint and palm print impressions shall be made pursuant to rules adopted by the department. Fingerprint and palm print record submission policies and a state tracking number system for fingerprint and palm print records shall be implemented pursuant to rules adopted by the department. All felony, misdemeanor and DWI arrest fingerprints and palm prints shall be made in duplicate. Both copies and a photograph of the person arrested shall be forwarded to the department within five days following the date of arrest.", after "department shall", deleted "forward one copy" and added "immediately provide the", and added Paragraphs F(1) through F(3); in Subsection G, added "Biometric identifying information shall be collected from", after "incarcerated", deleted "shall be fingerprinted, palm printed and photographed", after "offender's", deleted "fingerprint and palm print records and photograph" and added "biometric identifying information"; in Subsection H, after "assigned a state", added "arrest"; in Subsection I, after "assigned a state", added "arrest"; added Subsection J and redesignated former Subsection H as Subsection K; and added Subsection L.
The 2011 amendment, effective June 17, 2011, required palm prints of persons who are arrested.
The 2002 amendment, effective July 1, 2002, in Subsection A, inserted "or the jail" and "prior to the person's release" in the first sentence, and added the second and third sentences; in Subsection B, substituted "by the arresting peace officer or the jail to make fingerprint impressions prior to the person's release" for "to make fingerprint impressions" in the first sentence, and added the second and third sentences; in Subsection C, inserted "or the jail" and "prior to the person's release" in the first sentence, and added the second and third sentences; rewrote Subsection D, substituting "the department" for "the New Mexico state police board" in the first sentence, adding the present second sentence, inserting "misdemeanor and DWI" in the third sentence, and adding the requirement of a photograph and the five-day requirement in the fourth sentence; deleted former Subsection E in light of the other amendments, and added present Subsections E through H.
The 1997 amendment, effective July 1, 1997, added Subsection C, redesignating the following subsections accordingly, and substituted "federal bureau of investigation" for "FBI" in Subsection E.