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AN ACT

RELATING TO PUBLIC SAFETY; CREATING THE ENDANGERED PERSON

ADVISORY; PROVIDING FOR NOTIFICATION TO AND DISSEMINATION BY

THE MEDIA OF MISSING PERSONS WHO ARE IN DANGER.

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) is amended to read:

"29-15-2. DEFINITIONS.--As used in the Missing Persons

Information Act:

A. "child" means an individual under the age of

eighteen years who is not emancipated;

B. "clearinghouse" means the missing persons

information clearinghouse;

C. "custodian" means a parent, guardian or other

person who exercises legal physical control, care or custody

of a child;

D. "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; or

(4) has Alzheimer's disease;

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E. "immediate family member" means the spouse or

nearest relative of a person;

F. "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;

G. "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;

H. "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;

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I. "person" means an individual, regardless of

age;

J. "possible match" means the similarities between

an unidentified body of a person and a missing person that

would lead one to believe they are the same person;

K. "reporter" means the person who reports a

missing person; and

L. "state agency" means an agency of the state,

political subdivision of the state or public post-secondary

educational institution."

Section 2. Section 29-15-7 NMSA 1978 (being Laws 1995,

Chapter 146, Section 7) is amended to read:

"29-15-7. LAW ENFORCEMENT REQUIREMENTS--MISSING PERSON

REPORTS--UNIDENTIFIED BODIES.--

A. A law enforcement agency, upon receiving a

missing person report, shall:

(1) immediately start an appropriate

investigation to determine the present location of the

missing person and to determine whether the missing person is

an endangered person;

(2) provide to the clearinghouse all

information the law enforcement agency has relating to an

investigation regarding or the location or identification of

a missing person;

(3) immediately enter the name of the

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missing person into the clearinghouse and the national crime

information center missing person file; and

(4) if the missing person is determined to

be an endangered person, immediately notify the department of

public safety in accordance with procedures prescribed by the

department.

B. Information not immediately available shall be

obtained as soon as possible by the law enforcement agency

and entered into the clearinghouse and the national crime

information center file as a supplement to the original

entry.

C. All New Mexico law enforcement agencies are

required to enter information about all unidentified bodies

of persons found in their jurisdiction into the clearinghouse

and the national crime information center unidentified person

file, including all available identifying features of the

body and a description of the clothing found on the body. If

an information entry into the national crime information

center file results in an automatic entry of the information

into the clearinghouse, the law enforcement agency is not

required to make a direct entry of that information into the

clearinghouse."

Section 3. A new section of the Missing Persons

Information Act is enacted to read:

"ENDANGERED PERSON ADVISORY.--

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A. The department of public safety shall issue an

endangered person advisory if, after review and investigation

of a missing person report of an endangered person, the

department makes an independent determination that the

missing person is an endangered person.

B. The department shall develop and implement

endangered person advisory procedures for the purpose of

disseminating, as rapidly as possible, information about an

endangered person. The procedures shall include:

(1) notification to the lead station of the

endangered person advisory;

(2) notification to other public and private

media sources and members of the public as necessary; and

(3) providing information about the

endangered person, including all identifying information, to

the lead station and other media sources."

Section 4. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.