NM
New Mexico Senate Bill SB41

New Mexico 2025 Regular Session

New Mexico Senate Bill SB41 Compare Versions

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1-SB 41
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28+SENATE BILL 41
29+57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30+INTRODUCED BY
31+Angel M. Charley and Michelle Paulene Abeyta
2832 AN ACT
2933 RELATING TO ENDANGERED PERSONS; MANDATING THAT THE DEPARTMENT
3034 OF PUBLIC SAFETY CREATE AND MAINTAIN A TURQUOISE ALERT SYSTEM
31-FOR THE RAPID DISSEMINATION OF INFORMATION RELATING TO
32-MISSING AMERICAN INDIANS.
35+FOR THE RAPID DISSEMINATION OF INFORMATION RELATING TO MISSING
36+AMERICAN INDIANS.
3337 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3438 SECTION 1. Section 29-15-2 NMSA 1978 (being Laws 1995,
3539 Chapter 146, Section 2, as amended) is amended to read:
3640 "29-15-2. DEFINITIONS.--As used in the Missing Persons
3741 Information and Reporting Act:
3842 A. "Brittany alert" means a notification relating
3943 to an endangered person:
4044 (1) who is a missing person; and
4145 (2) about whom there is a clear indication
4246 that the person has a developmental disability as defined in
43-Subsection A of Section 28-16A-6 NMSA 1978 and that the
44-person's health or safety is at risk;
45-B. "child" means a person under the age of
46-eighteen years who is not emancipated;
47-C. "clearinghouse" means the missing persons
48-information clearinghouse;
49-D. "custodian" means a parent, guardian or other
50-person who exercises legal physical control, care or custody
51-of a child or of an adult with a developmental disability; or SB 41
52-Page 2
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78-a person who performs one or more activities of daily living
79-for an adult;
74+Subsection A of Section 28-16A-6 NMSA 1978 and that the
75+person's health or safety is at risk;
76+B. "child" means a person under the age of eighteen
77+years who is not emancipated;
78+C. "clearinghouse" means the missing persons
79+information clearinghouse;
80+D. "custodian" means a parent, guardian or other
81+person who exercises legal physical control, care or custody of
82+a child or of an adult with a developmental disability; or a
83+person who performs one or more activities of daily living for
84+an adult;
8085 E. "endangered person" means a missing person who:
8186 (1) is in imminent danger of causing harm to
8287 the person's self;
8388 (2) is in imminent danger of causing harm to
8489 another;
8590 (3) is in imminent danger of being harmed by
8691 another or who has been harmed by another;
8792 (4) has been a victim of a crime as provided
8893 in the Crimes Against Household Members Act or in Section
8994 30-3A-3 or 30-3A-3.1 NMSA 1978, or their equivalents in any
9095 other jurisdiction;
9196 (5) is or was protected by an order of
9297 protection pursuant to the Family Violence Protection Act;
9398 (6) has Alzheimer's disease, dementia or
94-another degenerative brain disorder or a brain injury; or
95-(7) has a developmental disability as
96-defined in Subsection A of Section 28-16A-6 NMSA 1978 and
97-that person's health or safety is at risk;
98-F. "immediate family member" means the spouse,
99-nearest relative or close friend of a person;
100-G. "law enforcement agency" means a law
101-enforcement agency of the state, a state agency or a
102-political subdivision of the state; SB 41
103-Page 3
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127+another degenerative brain disorder or a brain injury; or
128+(7) has a developmental disability as defined
129+in Subsection A of Section 28-16A-6 NMSA 1978 and that person's
130+health or safety is at risk;
131+F. "immediate family member" means the spouse,
132+nearest relative or close friend of a person;
133+G. "law enforcement agency" means a law enforcement
134+agency of the state, a state agency or a political subdivision
135+of the state;
129136 H. "lead station" means an AM radio station that
130137 has been designated as the "state primary station" by the
131138 federal communications commission for the emergency alert
132139 system;
133140 I. "missing person" means a person whose
134-whereabouts are unknown to the person's custodian or
135-immediate family member and the circumstances of whose
136-absence indicate that:
141+whereabouts are unknown to the person's custodian or immediate
142+family member and the circumstances of whose absence indicate
143+that:
137144 (1) the person did not leave the care and
138-control of the custodian or immediate family member
139-voluntarily and the taking of the person was not authorized
140-by law; or
145+control of the custodian or immediate family member voluntarily
146+and the taking of the person was not authorized by law; or
141147 (2) the person voluntarily left the care and
142148 control of the custodian without the custodian's consent and
143149 without intent to return;
144150 J. "missing person report" means information that
145151 is:
146-(1) given to a law enforcement agency on
147-a form used for sending information to the national crime
148-information center; and
149-(2) about a person whose whereabouts are
150-unknown to the reporter and who is alleged in the form
151-submitted by the reporter to be missing;
152-K. "person" means an individual, regardless of
153-age; SB 41
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180+(1) given to a law enforcement agency on a
181+form used for sending information to the national crime
182+information center; and
183+(2) about a person whose whereabouts are
184+unknown to the reporter and who is alleged in the form
185+submitted by the reporter to be missing;
186+K. "person" means an individual, regardless of age;
180187 L. "possible match" means the similarities between
181-unidentified human remains and a missing person that would
182-lead one to believe they are the same person;
188+unidentified human remains and a missing person that would lead
189+one to believe they are the same person;
183190 M. "reporter" means the person who reports a
184191 missing person;
185192 N. "silver alert" means a notification relating to
186193 an endangered person:
187194 (1) who is a missing person; and
188195 (2) who is fifty years or older; or
189196 (3) about whom there is a clear indication
190-that the individual suffers from Alzheimer's disease or
191-another form of dementia, regardless of age;
197+that the individual suffers from Alzheimer's disease or another
198+form of dementia, regardless of age;
192199 O. "state agency" means an agency of the state, a
193200 political subdivision of the state or a public post-secondary
194-educational institution;
201+educational institution; [and ]
195202 P. "state registrar" means the employee so
196-designated by the public health division of the department
197-of health pursuant to the Vital Statistics Act; and
198-Q. "turquoise alert" means a notification relating
199-to a missing person who is an enrolled member or a person
200-eligible for enrollment in a federally or state-recognized
201-Indian nation, tribe or pueblo and the person:
202-(1) is missing due to involuntary,
203-unexplained or suspicious circumstances;
204-(2) is at risk due to safety or health SB 41
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203+designated by the public health division of the department of
204+health pursuant to the Vital Statistics Act; and
205+.230297.1SA
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231-concerns; or
232-(3) suffers from a mental or physical
233-disability or substance abuse disorder."
233+Q. "turquoise alert" means a notification relating
234+to an endangered person who is:
235+(1) a missing person; and
236+(2) an enrolled member, or a person eligible
237+for enrollment, in a federally recognized Indian nation, tribe
238+or pueblo."
234239 SECTION 2. A new section of the Missing Persons
235-Information and Reporting Act, Section 29-15-3.5 NMSA 1978,
236-is enacted to read:
237-"29-15-3.5. TURQUOISE ALERT ADVISORY.--
240+Information and Reporting Act, Section 29-15-3.5 NMSA 1978, is
241+enacted to read:
242+"29-15-3.5. [NEW MATERIAL ] TURQUOISE ALERT ADVISORY.--
238243 A. The department of public safety or the lead
239244 investigating law enforcement agency shall issue a turquoise
240245 alert if, after review and investigation of a missing person
241246 report of a person subject to the alert, the department of
242-public safety or the lead investigating law enforcement
243-agency makes an independent determination that the missing
244-person is a person subject to the alert.
247+public safety or the lead investigating law enforcement agency
248+makes an independent determination that the missing person is a
249+person subject to the alert.
245250 B. The department of public safety shall develop
246251 and implement a turquoise alert plan for the purpose of
247252 disseminating, as rapidly as possible, information about a
248253 person subject to the alert. The plan shall:
249-(1) provide a procedure for the department
250-to notify the lead station that a turquoise alert has been
254+(1) provide a procedure for the department to
255+notify the lead station that a turquoise alert has been
251256 declared. The procedure shall include codes for use by the
252257 department in communicating with the lead station to prevent
253-false alerts;
254-(2) provide a procedure in which other state
255-and private print, radio, television or other media may alert SB 41
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286+false alerts;
287+(2) provide a procedure in which other state
288+and private print, radio, television or other media may alert
282289 members of the public of the missing person;
283290 (3) include a procedure for notifying the
284-department of information technology that a turquoise alert
285-has been declared. The department of information technology
286-shall immediately transmit the notification and related
287-information to all state field operations employees so that
288-they may be aware and vigilant in the course of their regular
289-activities;
291+department of information technology that a turquoise alert has
292+been declared. The department of information technology shall
293+immediately transmit the notification and related information
294+to all state field operations employees so that they may be
295+aware and vigilant in the course of their regular activities;
290296 (4) require cellular service companies to
291297 implement turquoise alerts in accordance with the federal
292298 communications commission's wireless emergency alerts
293-processes. The alert from cellular service companies shall
294-only be required after a determination by the department of
295-public safety or the lead investigating law enforcement
296-agency that there is evidence of imminent danger of serious
297-bodily harm to or death of the missing person and that there
298-is enough descriptive information about the missing person to
299-assist in locating that person;
299+processes;
300300 (5) include a procedure for notifying all
301301 local and federal law enforcement agencies that a turquoise
302302 alert has been declared;
303303 (6) provide for dissemination of information
304-about the missing person to the lead station, the department
305-of information technology and local law enforcement agencies
306-when a turquoise alert has been declared; and SB 41
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304+about the missing person to the lead station, the department of
305+information technology and local law enforcement agencies when
306+a turquoise alert has been declared; and
307+(7) provide for collecting and maintaining the
308+following records regarding each turquoise alert issued:
309+(a) the municipality where the missing
310+person report originated;
311+.230297.1SA
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333-(7) provide for collecting and maintaining
334-the following records regarding each turquoise alert issued:
335-(a) the municipality where the missing
336-person report originated;
337339 (b) the age of the missing person;
338340 (c) the gender of the missing person;
339341 (d) the date of the missing person
340342 report;
341343 (e) the date the turquoise alert is
342344 issued; and
343345 (f) the date of recovery of the missing
344346 person.
345-C. The department of public safety shall
346-distribute the turquoise alert notification plan to all local
347-law enforcement agencies and provide such training and other
347+C. The department of public safety shall distribute
348+the turquoise alert notification plan to all local law
349+enforcement agencies and provide such training and other
348350 assistance as is necessary to ensure that the plan can be
349351 properly implemented.
350352 D. Once a turquoise alert has been declared, only
351353 the department of public safety or the lead investigating law
352354 enforcement agency may terminate the turquoise alert."
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