2021 New Mexico Statutes
Article 9 - Organized Crime
Section 29-9-8 - Confidentiality; impounding of exhibits.

A. Upon application of the commission, a district court may impound an exhibit marked in evidence at any public or private hearing held by the commission, and may order the exhibit to be retained by or delivered to and placed in the custody of the commission. If impounded, an exhibit shall not be taken from the custody of the commission except upon order of the district court granted after five days' notice to the commission or at the request or with the consent of the commission. Upon the removal from the custody of the commission of any impounded exhibit, it shall be returned to the person lawfully entitled to its possession.
B. The records, reports and files of the commission are not subject to the Public Records Act [Chapter 14, Article 3 NMSA 1978] or Sections 10-15-1 through 10-15-4 NMSA 1978. The records, reports and files of the commission shall not be subject to subpoena except by order of the supreme court of New Mexico.
C. Any person, except the governor or the commission, who discloses information contained in the records, reports and files of the commission or obtained in a private hearing conducted by the commission, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than one year or the imposition of a fine of not more than one thousand dollars ($1,000), or both imprisonment and fine.
History: 1953 Comp., § 39-9-7, enacted by Laws 1973, ch. 225, § 7; 1977, ch. 215, § 5.
Discovery of commission records only by supreme court order unconstitutional. — The last sentence in Subsection B, allowing discovery of the records of the governor's organized crime prevention commission by supreme court order only, is unconstitutional, as the legislature lacks the power to prescribe and regulate practice, pleading and procedure. In re Motion for a Subpoena Duces Tecum, 1980-NMSC-010, 94 N.M. 1, 606 P.2d 539.
Unconstitutional last sentence in Subsection B is severable; the remainder of the organized crime act remains in full force and effect. In re Motion for a Subpoena Duces Tecum, 1980-NMSC-010, 94 N.M. 1, 606 P.2d 539.
District courts authorized to hear duces tecum subpoena application for commission records. — The district courts are authorized and directed, upon proper application for a subpoena duces tecum under Rule 1-045 NMRA, to hear and determine whether the records, reports and files of the governor's organized crime prevention commission may be subpoenaed, and, if so, upon what conditions. In re Motion for a Subpoena Duces Tecum, 1980-NMSC-010, 94 N.M. 1, 606 P.2d 539.

Structure 2021 New Mexico Statutes