A. Within sixty days following the conclusion of each fiscal year, every law enforcement agency shall prepare on a form approved by the department of public safety an annual report of the agency's seizures and forfeitures conducted pursuant to applicable state law, and seizures and forfeitures conducted pursuant to federal forfeiture law, and the report shall include:
(1) the total number of seizures of currency and the total amount of currency seized in each seizure;
(2) the total number of seizures of property and the number and types of items seized in each seizure;
(3) the market value of each item of property seized;
(4) the total number of occurrences of each class of crime that resulted in the agency's seizure of property;
(5) the costs incurred by the agency for storage, maintenance and transportation of seized property; and
(6) any proceeds received through equitable sharing, along with the federal case number and the final disposition of the case.
B. A law enforcement agency shall submit its annual reports to the department of public safety and to the district attorney's office in the agency's district. An agency that did not engage in seizure or forfeiture pursuant to the Forfeiture Act or local, state or federal forfeiture law shall report that fact in its annual report.
C. The department of public safety shall compile the reports submitted by each law enforcement agency and issue an aggregate report of all forfeitures in the state.
D. By November 1 of each year, the department of public safety shall publish on its website the department's aggregate report and individual law enforcement agency reports submitted for the previous fiscal year.
History: Laws 2015, ch. 152, § 11; 2019, ch. 133, § 10.
ANNOTATIONSThe 2019 amendment, effective April 2, 2019, revised the reporting requirements related to an agency's seizures and forfeitures conducted pursuant to state law; in Subsection A, in the introductory clause, after the subsection designation, added "Within sixty days following the conclusion of each fiscal year", after "shall prepare", added "on a form approved by the department of public safety", and after "pursuant to", deleted "the Forfeiture Act" and added "applicable state law", and added new Paragraphs A(5) and A(6); in Subsection B, after "Forfeiture Act", added "or local, state"; and in Subsection D, after "By", deleted "April" and added "November", and after "submitted for the previous", added "fiscal".
Applicability. — Laws 2019, ch. 133, § 13 provided that the provisions of the Forfeiture Act apply to seized and abandoned property in the possession of a law enforcement agency or the state treasurer on and after April 2, 2019.
Temporary provisions. — Laws 2019, ch. 133, § 11 provided that the New Mexico supreme court shall issue procedural court rules to implement the provisions of this act.
Laws 2019, ch. 133, § 12 provided that abandoned property in the possession of a law enforcement agency or the state treasurer on April 2, 2019 shall be disposed of pursuant to Section 29-1-14 NMSA 1978.