A. Upon written or oral request to a law enforcement agency by a custodian or immediate family member of a missing person, the law enforcement agency shall immediately request from the clearinghouse information concerning the missing person that may aid the custodian or immediate family member in the identification or location of the missing person.
B. A law enforcement agency to which a request has been made pursuant to Subsection A of this section shall report to the custodian or immediate family member on the results of its inquiry to the clearinghouse within seven calendar days after the day the request is received by the law enforcement agency, or as soon as the results of its inquiry become available, whichever occurs last.
C. A law enforcement agency shall not report to a custodian or immediate family member pursuant to Subsection B of this section if the missing person is not a minor, has been found and has informed a law enforcement agency or the clearinghouse that the person requests confidentiality regarding the person's status and location. If the missing person who requests confidentiality regarding the person's status and location is a person with a custodian appointed by a judge, the law enforcement agency shall inform the court that the person has been found and has requested confidentiality regarding the person's status and location. A 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.
D. The Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] shall not apply to a request to inspect records regarding a person who has requested confidentiality pursuant to Subsection C of this section.
History: Laws 1995, ch. 146, § 5; 2010, ch. 33, § 5; 2021, ch. 39, § 1.
The 2021 amendment, effective June 18, 2021, required confidentiality in certain circumstances for a person who has been reported missing and is found by law enforcement, provided additional duties for law enforcement under these circumstances, and provided that the Inspection of Public Records Act shall not apply to a request to inspect records regarding a person who has been reported missing, is found by law enforcement and has requested confidentiality; and added Subsections C and D.
The 2010 amendment, effective May 19, 2010, in Subsection A, after "Upon written", deleted "notification" and added "or oral request"; after "information concerning the", added "missing"; and after "location of the", added "missing"; and in Subsection B, after "law enforcement agency to which", deleted "notification" and added "a request"; after "request has been", deleted "provided" and added "made"; after "results of its inquiry", added "to the clearinghouse"; and after "days after the day the", deleted "written notification" and added "request".
Structure New Mexico Statutes
Article 15 - Missing Persons Information and Reporting
Section 29-15-1 - Short title.
Section 29-15-2 - Definitions.
Section 29-15-3 - Missing persons information clearinghouse; function.
Section 29-15-3.1 - Endangered person advisory.
Section 29-15-3.2 - Silver alert advisory.
Section 29-15-3.3 - Brittany alert advisory.
Section 29-15-4 - State department of public education; cooperation with clearinghouse.
Section 29-15-5 - Custodian or immediate family member request for information.
Section 29-15-6 - Missing person report forms.
Section 29-15-7 - Law enforcement requirements; missing person reports; unidentified human remains.
Section 29-15-7.1 - Missing child reports; law enforcement agencies; duties; registrar.
Section 29-15-7.2 - Birth records of missing children; state registrar's duties.
Section 29-15-8 - Release of dental records; immunity.
Section 29-15-9 - Cross-checking and matching.
Section 29-15-10 - Interagency cooperation.
Section 29-15-11 - Confidentiality of records.
Section 29-15-12 - Attorney general to require compliance; removal or discipline.