underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SENATE BILL 41
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Angel M. Charley and Michelle Paulene Abeyta
AN ACT
RELATING TO ENDANGERED PERSONS; MANDATING THAT THE DEPARTMENT
OF PUBLIC SAFETY CREATE AND MAINTAIN A TURQUOISE ALERT SYSTEM
FOR THE RAPID DISSEMINATION OF INFORMATION RELATING TO MISSING
AMERICAN INDIANS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 29-15-2 NMSA 1978 (being Laws 1995,
Chapter 146, Section 2, as amended) is amended to read:
"29-15-2. DEFINITIONS.--As used in the Missing Persons
Information and Reporting Act:
A. "Brittany alert" means a notification relating
to an endangered person:
(1) who is a missing person; and
(2) about whom there is a clear indication
that the person has a developmental disability as defined in
.230297.1SA underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Subsection A of Section 28-16A-6 NMSA 1978 and that the
person's health or safety is at risk;
B. "child" means a person under the age of eighteen
years who is not emancipated;
C. "clearinghouse" means the missing persons
information clearinghouse;
D. "custodian" means a parent, guardian or other
person who exercises legal physical control, care or custody of
a child or of an adult with a developmental disability; or a
person who performs one or more activities of daily living for
an adult;
E. "endangered person" means a missing person who:
(1) is in imminent danger of causing harm to
the person's self;
(2) is in imminent danger of causing harm to
another;
(3) is in imminent danger of being harmed by
another or who has been harmed by another;
(4) has been a victim of a crime as provided
in the Crimes Against Household Members Act or in Section
30-3A-3 or 30-3A-3.1 NMSA 1978, or their equivalents in any
other jurisdiction;
(5) is or was protected by an order of
protection pursuant to the Family Violence Protection Act;
(6) has Alzheimer's disease, dementia or
.230297.1SA
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
another degenerative brain disorder or a brain injury; or
(7) has a developmental disability as defined
in Subsection A of Section 28-16A-6 NMSA 1978 and that person's
health or safety is at risk;
F. "immediate family member" means the spouse,
nearest relative or close friend of a person;
G. "law enforcement agency" means a law enforcement
agency of the state, a state agency or a political subdivision
of the state;
H. "lead station" means an AM radio station that
has been designated as the "state primary station" by the
federal communications commission for the emergency alert
system;
I. "missing person" means a person whose
whereabouts are unknown to the person's custodian or immediate
family member and the circumstances of whose absence indicate
that:
(1) the person did not leave the care and
control of the custodian or immediate family member voluntarily
and the taking of the person was not authorized by law; or
(2) the person voluntarily left the care and
control of the custodian without the custodian's consent and
without intent to return;
J. "missing person report" means information that
is:
.230297.1SA
- 3 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1) given to a law enforcement agency on a
form used for sending information to the national crime
information center; and
(2) about a person whose whereabouts are
unknown to the reporter and who is alleged in the form
submitted by the reporter to be missing;
K. "person" means an individual, regardless of age;
L. "possible match" means the similarities between
unidentified human remains and a missing person that would lead
one to believe they are the same person;
M. "reporter" means the person who reports a
missing person;
N. "silver alert" means a notification relating to
an endangered person:
(1) who is a missing person; and
(2) who is fifty years or older; or
(3) about whom there is a clear indication
that the individual suffers from Alzheimer's disease or another
form of dementia, regardless of age;
O. "state agency" means an agency of the state, a
political subdivision of the state or a public post-secondary
educational institution; [and ]
P. "state registrar" means the employee so
designated by the public health division of the department of
health pursuant to the Vital Statistics Act; and
.230297.1SA
- 4 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. "turquoise alert" means a notification relating
to an endangered person who is:
(1) a missing person; and
(2) an enrolled member, or a person eligible
for enrollment, in a federally recognized Indian nation, tribe
or pueblo."
SECTION 2. A new section of the Missing Persons
Information and Reporting Act, Section 29-15-3.5 NMSA 1978, is
enacted to read:
"29-15-3.5. [NEW MATERIAL ] TURQUOISE ALERT ADVISORY.--
A. The department of public safety or the lead
investigating law enforcement agency shall issue a turquoise
alert if, after review and investigation of a missing person
report of a person subject to the alert, the department of
public safety or the lead investigating law enforcement agency
makes an independent determination that the missing person is a
person subject to the alert.
B. The department of public safety shall develop
and implement a turquoise alert plan for the purpose of
disseminating, as rapidly as possible, information about a
person subject to the alert. The plan shall:
(1) provide a procedure for the department to
notify the lead station that a turquoise alert has been
declared. The procedure shall include codes for use by the
department in communicating with the lead station to prevent
.230297.1SA
- 5 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
false alerts;
(2) provide a procedure in which other state
and private print, radio, television or other media may alert
members of the public of the missing person;
(3) include a procedure for notifying the
department of information technology that a turquoise alert has
been declared. The department of information technology shall
immediately transmit the notification and related information
to all state field operations employees so that they may be
aware and vigilant in the course of their regular activities;
(4) require cellular service companies to
implement turquoise alerts in accordance with the federal
communications commission's wireless emergency alerts
processes;
(5) include a procedure for notifying all
local and federal law enforcement agencies that a turquoise
alert has been declared;
(6) provide for dissemination of information
about the missing person to the lead station, the department of
information technology and local law enforcement agencies when
a turquoise alert has been declared; and
(7) provide for collecting and maintaining the
following records regarding each turquoise alert issued:
(a) the municipality where the missing
person report originated;
.230297.1SA
- 6 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(b) the age of the missing person;
(c) the gender of the missing person;
(d) the date of the missing person
report;
(e) the date the turquoise alert is
issued; and
(f) the date of recovery of the missing
person.
C. The department of public safety shall distribute
the turquoise alert notification plan to all local law
enforcement agencies and provide such training and other
assistance as is necessary to ensure that the plan can be
properly implemented.
D. Once a turquoise alert has been declared, only
the department of public safety or the lead investigating law
enforcement agency may terminate the turquoise alert."
- 7 -
.230297.1SA