New Mexico § 14-2-1.2 - Law enforcement records

§ 14-2-1.2. Law enforcement records

A. Law enforcement records are public records, except as provided by law and this

subsection, and provided that the presence of nonpublic information may be redacted

from a written record or digitally obscured in a visual or audio record, including: (1) before charges are filed, names, addresses, contact information or protected personal

identifier information of individuals who are victims of or non-law-enforcement witnesses

to an alleged crime of: (a) assault with intent to commit a violent felony pursuant to Section 30-3-3 NMSA 1978 when the violent felony is criminal sexual penetration; (b) assault against a household member with intent to commit a violent felony pursuant

to Section 30-3-14 NMSA 1978 when the violent felony is criminal sexual penetration; (c) stalking pursuant to Section 30-3A-3 NMSA 1978; (d) aggravated stalking pursuant to Section 30-3A-3.1 NMSA 1978; (e) criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978; (f) criminal sexual contact pursuant to Section 30-9-12 NMSA 1978; or (g) sexual exploitation of children pursuant to Section 30-6A-3 NMSA 1978; (2) before charges are filed, names, addresses, contact information or protected personal

identifier information of individuals who are accused but not charged with a crime; (3) visual depiction of a dead body, unless a law enforcement officer, acting in that

capacity, caused or is reasonably alleged or suspected to have caused the death; (4) visual depiction of great bodily harm, as defined in Section 30-1-12 NMSA 1978, or acts of severe violence resulting in great bodily harm, unless a law enforcement

officer, acting in that capacity, caused or is reasonably alleged or suspected to

have caused the great bodily harm or act of severe violence; (5) visual depiction of an individual's intimate body parts, including the genitals,

pubic area, anus or postpubescent female nipple, whether nude or visible through less

than opaque clothing; (6) visual or audio depiction of the notification to a member of the public of a family

member's death; (7) confidential sources, methods or information; or (8) records pertaining to physical or mental examination and medical treatment of

persons unless the information could be relevant to a criminal investigation or an

investigation of misfeasance, malfeasance or other suspected violation of law conducted

by a person elected to or employed by a public body. B. A request for release of video or audio shall specify at least one of the following: (1) the computer-aided dispatch record number; (2) the police report number; (3) the date or date range with reasonable specificity and at least one of the following: (a) the name of a law enforcement officer or first responder; (b) the approximate time; or (c) the approximate location; or (4) other criteria established and published by a law enforcement agency to facilitate

access to videos. C. Except for confidential sources, methods or information, a request to view video

or hear audio on-site of a public body is not subject to the restrictions in Subsections

A and B of this section. Any recording or copying of video or audio from such viewing or listening is subject

to the restrictions in this section. D. As used in this section, “ law enforcement records ” includes evidence in any form received or compiled in connection with a criminal

investigation or prosecution by a law enforcement or prosecuting agency, including

inactive matters or closed investigations to the extent that they contain the information

listed in this subsection; provided that the presence of such information on a law

enforcement record does not exempt the record from inspection.