HOUSE BILL 985
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
John A. Heaton
AN ACT
RELATING TO CRIME STOPPERS; REVISING THE NAME OF THE CRIME STOPPERS ADVISORY COUNCIL; ADMINISTRATIVELY ATTACHING THE CRIME STOPPERS COUNCIL TO THE DEPARTMENT OF PUBLIC SAFETY; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 29-12A-2 NMSA 1978 (being Laws 2003, Chapter 249, Section 2) is amended to read:
"29-12A-2. [ADVISORY] CRIME STOPPERS COUNCIL--COMPOSITION--VACANCIES--PAYMENT.--
A. The "crime stoppers [advisory] council" is created and is administratively attached to the department of public safety. The council [shall consist] consists of five members from local crime stoppers programs, four of whom shall be from the four quadrants of the state and one from Albuquerque. All members of the council shall be appointed by the governor for two-year terms.
B. A vacancy on the council shall be filled by gubernatorial appointment for the remainder of the unexpired term. A vacancy on the council shall not impair the right of the remaining members to exercise all the powers and duties of the council.
C. Members of the council shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation or allowance."
Section 2. Section 29-12A-3 NMSA 1978 (being Laws 2003, Chapter 249, Section 3) is amended to read:
"29-12A-3. POWERS AND DUTIES OF [ADVISORY] COUNCIL.--
A. The powers and duties of the crime stoppers [advisory] council are to:
(1) advise and assist in the creation and maintenance of local crime stoppers programs;
(2) certify local crime stoppers programs for the purposes of confidentiality of records, privileges and immunities set forth in the Crime Stoppers Act;
(3) encourage the media to promote the functions of local crime stoppers programs; and
(4) facilitate training for local crime stoppers programs.
B. The council shall not take part in the receipt of reports or tips regarding criminal activity."
Section 3. Section 29-12A-4 NMSA 1978 (being Laws 2003, Chapter 249, Section 4) is amended to read:
"29-12A-4. CONFIDENTIALITY OF RECORDS.--
A. Evidence of a communication between a person submitting a report to a local crime stoppers program and the person accepting the report on behalf of the program is not admissible in a court or an administrative proceeding, except as provided in Subsection B of this section.
B. Records and reports of a local crime stoppers program are confidential and shall not be produced before a court or other tribunal, except on a motion by:
(1) a criminal defendant claiming that a record or report contains specific evidence that is exculpatory to the defendant on trial for that offense; or
(2) a person in civil court who has been exonerated of a criminal charge that was filed as a result of a report to a local crime stoppers program, and denial of access to a record or report would leave the person without the ability to offer prima facie proof that a legal injury was suffered through the wrongful acts of another.
C. Upon motion made pursuant to Subsection B of this section, a court may subpoena a record or report, but shall conduct an in camera inspection of the materials produced to determine whether there is evidence as alleged to warrant disclosure pursuant to Subsection B of this section. If the court finds such evidence, the court shall determine how much of the evidence to disclose and whether the identity of the person who submitted the report to the local crime stoppers program must be disclosed.
D. The court shall protect the identity of a person who submits a report to a local crime stoppers program as it would protect the identity of a confidential police informer.
E. A local crime stoppers program shall be certified by the crime stoppers [advisory] council before it can claim confidentiality under this section."
Section 4. TEMPORARY PROVISION.--All appointments to the crime stoppers advisory council shall be deemed to be appointments to the crime stoppers council. All personnel, appropriations, money, records, furniture, equipment and other personal and real property of the crime stoppers advisory council shall be transferred to the crime stoppers council.
Section 5. APPROPRIATION.--Seventy thousand dollars ($70,000) is appropriated from the general fund to the department of public safety for expenditure in fiscal year 2008 for administrative and operating costs and per diem and mileage expenses of the crime stoppers council. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.
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