A. A law enforcement agency shall accept without delay and without exception for any reason any report of a missing person and, no later than two hours after receiving a missing person report or additional or supplemental information for the report, shall:
(1) 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) enter the name of the 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, 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, no later than two hours after receipt of the information, 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 human remains found in their jurisdiction into the clearinghouse and the national crime information center unidentified person file, including all available identifying features of the human remains and a description of the clothing found on the human remains. 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.
History: Laws 1995, ch. 146, § 7; 2007, ch. 119, § 2; 2010, ch. 32, § 3; 2010, ch. 33, § 7.
ANNOTATIONS2010 Multiple Amendments. — Laws 2010, ch. 32, § 3 and Laws 2010, ch. 33, § 7 both enacted amendments to this section. Pursuant to 12-1-8 NMSA 1978, Laws 2010, ch. 33, § 7, as the last act signed by the governor, has been compiled into the NMSA as set out above, and Laws 2010, ch. 32, § 3, while not compiled pursuant to 12-1-8 NMSA 1978, is set out below.
Laws 2010, ch. 33, § 7 [set out above], effective May 19, 2010, in the title of the section, after "unidentified", deleted "bodies" and added "human remains"; in Subsection A, after "law enforcement agency" deleted "upon" and added "shall accept without delay and without exception for any reason any report of a missing person and, no later than two hours after" and after "missing person report", added "or additional or supplemental information for the report"; in Subsection A(1) and (3), deleted "immediately" from the beginning of the each sentence; in Subsection A(4), after "an endangered person," deleted "immediately"; in Subsection B, after "law enforcement agency and" added "no later than two hours after receipt of the information"; and in Subsection C, in the first sentence, after "information about all unidentified", deleted "bodies of persons" and added "human remains"; after "identifying features of the", deleted "body" and added "human remains"; and after "clothing found on the" deleted "body" and added "human remains".
Laws 2010, ch. 32, § 3 [set out below], effective May 19, 2010, in the title of the section, after "unidentified", deleted "bodies" and added the "human remains"; in Paragraph (4) of Subsection A, after "endangered person", deleted "immediately" and after "department of public safety", added "within twelve hours of receiving the report"; and in Subsection C, in the first sentence, after "available identifying features of the", deleted "body" and inserted "human remains"; and after "description of the clothing found", deleted "of the body" and inserted "with the body", and provided:
"29-15-7. Law enforcement requirements; missing person reports; unidentified human remains.
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 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, notify the department of public safety within twelve hours of receiving the report, 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 human remains 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 human remains and a description of the clothing found with the human remains. 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."
The 2007 amendment, effective July 1, 2007, required law enforcement agencies to determine whether a missing person is an endangered person and if the missing person is an endangered person, to notify the department of public safety.