SB 41
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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
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 SB 41
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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
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; SB 41
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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:
(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; SB 41
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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;
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
Q. "turquoise alert" means a notification relating
to a missing person who is an enrolled member or a person
eligible for enrollment in a federally or state-recognized
Indian nation, tribe or pueblo and the person:
(1) is missing due to involuntary,
unexplained or suspicious circumstances;
(2) is at risk due to safety or health SB 41
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concerns; or
(3) suffers from a mental or physical
disability or substance abuse disorder."
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. 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
false alerts;
(2) provide a procedure in which other state
and private print, radio, television or other media may alert SB 41
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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. The alert from cellular service companies shall
only be required after a determination by the department of
public safety or the lead investigating law enforcement
agency that there is evidence of imminent danger of serious
bodily harm to or death of the missing person and that there
is enough descriptive information about the missing person to
assist in locating that person;
(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 SB 41
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(7) provide for collecting and maintaining
the following records regarding each turquoise alert issued:
(a) the municipality where the missing
person report originated;
(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."