A. If a public school administrator or employee has reasonable cause to believe that a child is in possession of or has been in possession of a firearm on school premises in violation of Section 30-7-2.1 NMSA 1978, the administrator or employee shall immediately report the child's actions to a law enforcement agency and the children, youth and families department.
B. Upon receipt of a report pursuant to Subsection A of this section, the law enforcement agency may conduct an investigation to determine if there is probable cause to believe that the child possessed a firearm on school premises.
C. If the law enforcement agency determines there is probable cause to believe that the child possessed a firearm on school premises, the law enforcement agency may take the child into custody and deliver the child to a detention facility licensed by the department. After the child is delivered to a detention facility, the department shall comply with the notification provisions set forth in Subsection C of Section 32A-2-10 NMSA 1978. The child shall be detained in the detention facility, pending a detention hearing pursuant to the provisions of Section 32A-2-13 NMSA 1978.
D. As used in this section, "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer. "Firearm" includes any handgun, rifle or shotgun.
History: Laws 1999, ch. 216, § 1; 2003, ch. 225, § 16.
The 2003 amendment, effective July 1, 2003, deleted "the federal Gun-Free Schools Act of 1994 or" following "in violation of" in Subsection A; substituted "may" for "shall immediately" following "law enforcement agency" in Subsections B and C; and added "As used in this section" at the beginning of Subsection D.
Structure 2021 New Mexico Statutes
Section 32A-2-1 - Short title.
Section 32A-2-2 - Purpose of act.
Section 32A-2-3 - Definitions.
Section 32A-2-4 - Detention facilities; standards; reports; appeals.
Section 32A-2-4.1 - Adult jails and lockups used as temporary holding facilities; reports.
Section 32A-2-6 - Transfer of jurisdiction over child from other tribunals to court.
Section 32A-2-7 - Complaints; referral; preliminary inquiry; notice; time waiver.
Section 32A-2-8 - Petition; authorization to file.
Section 32A-2-9 - Taking into custody.
Section 32A-2-10 - Release or delivery from custody.
Section 32A-2-11 - Criteria for detention of children.
Section 32A-2-12 - Placement or detention.
Section 32A-2-14 - Basic rights.
Section 32A-2-15 - Time limitations on delinquency adjudicatory hearing.
Section 32A-2-16 - Conduct of hearings; findings; dismissal; dispositional matters; penalty.
Section 32A-2-17 - Predisposition studies; reports and examinations.
Section 32A-2-18 - Judgment; noncriminal nature; nonadmissibility.
Section 32A-2-19 - Disposition of an adjudicated delinquent offender.
Section 32A-2-20 - Disposition of a youthful offender.
Section 32A-2-22 - Continuance under supervision without judgment; consent decree; disposition.
Section 32A-2-23.1 - Release eligibility.
Section 32A-2-23.2 - Release proceedings.
Section 32A-2-24 - Probation revocation; disposition.
Section 32A-2-25 - Parole revocation; procedures.
Section 32A-2-26 - Sealing of records.
Section 32A-2-28 - Parental responsibility.
Section 32A-2-29 - Motor Vehicle Code violations.
Section 32A-2-30 - Indigency standard; fee schedule; reimbursement.
Section 32A-2-31 - Child adjudicated delinquent; victim restitution; compensation; deductions.
Section 32A-2-32 - Confidentiality; records.
Section 32A-2-32.1 - Information not to be disclosed on a public access web site.
Section 32A-2-33 - Child in possession of a firearm on school premises; detention; hearing.