HOUSE BILL 162

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Jane E. Powdrell-Culbert and William "Bill" R. Rehm and

Brian G. Baca and Cathrynn N. Brown and Randal S. Crowder

 

 

 

 

AN ACT

RELATING TO LAW ENFORCEMENT; ENACTING THE BLUE ALERT ACT; PROVIDING FOR A BLUE ALERT NOTIFICATION PLAN FOR THE PURPOSE OF RAPID DISSEMINATION OF INFORMATION REGARDING A PERSON SUSPECTED OF KILLING OR SERIOUSLY INJURING A LAW ENFORCEMENT OFFICER.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 29 NMSA 1978 is enacted to read: 

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Blue Alert Act"."

     SECTION 2. A new section of Chapter 29 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Blue Alert Act:

          A. "authorized requester" means the person designated by the chief of the New Mexico state police to implement the blue alert notification plan;

          B. "blue alert" means a declaration by the authorized requestor that a person is suspected of killing or seriously injuring a law enforcement officer and that notifications and broadcasts should be made pursuant to the blue alert notification plan;

          C. "law enforcement officer" means a peace officer, the attorney general or deputy attorney general, a sheriff or deputy sheriff, a corrections officer, a tribal law enforcement officer, a park ranger, the state fire marshal or a municipal fire marshal, a member of a city or county fire department, a conservation officer of the department of game and fish or an employee of a federal agency who is authorized by law to engage in or supervise the prevention, detention, investigation or prosecution of, or the incarceration of any person for, any violation of law and has statutory power of arrest; and

          D. "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."

     SECTION 3. A new section of Chapter 29 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] BLUE ALERT NOTIFICATION PLAN--DECLARATION OF BLUE ALERT.--

          A. The New Mexico state police shall develop and implement a blue alert notification plan for the purpose of disseminating, as rapidly as possible, information about a person suspected of killing or seriously injuring a law enforcement officer and who has not been apprehended. The plan shall:

                (1) provide a procedure for notifying the lead station by the authorized requester that a blue alert has been declared. The procedure shall include codes for use by the authorized requester 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 the members of the public of the physical description of the suspect, the suspect's possible whereabouts and other information deemed necessary by the state police;

                (3) include a procedure for notifying the department of information technology that a blue 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) include a procedure for notifying a representative of each cellular service company operating in New Mexico that a blue alert has been declared so that a text message may be sent to the company's customers at no additional expense to the recipient or to any service that accepts the information from the authorized requester and delivers it to the cellular service company;

                (5) include a procedure for notifying all local and federal law enforcement agencies that a blue alert has been declared; and

                (6) provide for dissemination of information about a suspect to the lead station, the department of information technology and local law enforcement agencies when a blue alert has been declared.

          B. The New Mexico state police shall distribute the blue 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.

          C. The authorized requester may declare a blue alert when the authorized requester has reason to believe that:

                (1) a person suspected of killing or seriously injuring a law enforcement officer has not been apprehended;

                (2) sufficient information is available to disseminate to the public that could assist in locating and apprehending the suspect;

                (3) release of the information will not compromise an investigation; and

                (4)  criteria to ensure that releasing the victim information is proper, so as to avoid improper next of kin notification.

          D. Once a blue alert has been declared, only the authorized requester may terminate the blue alert."

     SECTION 4. A new section of Chapter 29 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] BLUE ALERT--INITIATION BY OTHER LAW ENFORCEMENT AGENCIES.--

          A. The procedures for initiating a blue alert pursuant to the Blue Alert Act are available to all law enforcement agencies in New Mexico; provided that nothing in that act prohibits a local law enforcement agency from developing and implementing its own similar notification plan; and provided further that nothing in that act supersedes a provision or procedure in such a local notification plan.

          B. If a law enforcement agency that has not developed and implemented its own similar plan desires that a blue alert be declared, it shall notify the authorized requester. The authorized requester shall declare a blue alert if, after evaluating the information, the authorized requester believes that the criteria for declaring an alert has been satisfied.

          C. If a blue alert is initiated and there is information that the suspect may be traveling or has traveled across state lines, the authorized requester shall notify the other states or the United Mexican States in order for those governments to issue an alert. The New Mexico state police shall work with all bordering states and the United Mexican States in order to establish agreements to carry out regional alerts."

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