2018 New Mexico Statutes
Chapter 29 - Law Enforcement
Article 15 - Missing Persons Information and Reporting
Section 29-15-2 - Definitions.

As used in the Missing Persons Information and Reporting Act:

A. "Brittany alert" means a notification relating to an endangered person:

(1) who is a missing person; and

(2) about whom there is a clear indication that the person has a developmental disability as defined in Subsection A of Section 28-16A-6 NMSA 1978 and that the person's health or safety is at risk;

B. "child" means a person under the age of eighteen years who is not emancipated;

C. "clearinghouse" means the missing persons information clearinghouse;

D. "custodian" means a parent, guardian or other person who exercises legal physical control, care or custody of a child or of an adult with a developmental disability; or a person who performs one or more activities of daily living for an adult;

E. "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;

(4) has been a victim of a crime as provided in the Crimes Against Household Members Act [30-3-10 through 30-3-18 NMSA 1978] or in Section 30-3A-3 or 30-3A-3.1 NMSA 1978, or their equivalents in any other jurisdiction;

(5) is or was protected by an order of protection pursuant to the Family Violence Protection Act [Chapter 40, Article 13 NMSA 1978];

(6) has Alzheimer's disease, dementia or another degenerative brain disorder or a brain injury; or

(7) has a developmental disability as defined in Subsection A of Section 28-16A-6 NMSA 1978 and that person's health or safety is at risk;

F. "immediate family member" means the spouse, nearest relative or close friend of a person;

G. "law enforcement agency" means a law enforcement agency of the state, a state agency or a political subdivision of the state;

H. "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;

I. "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;

J. "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;

K. "person" means an individual, regardless of age;

L. "possible match" means the similarities between unidentified human remains and a missing person that would lead one to believe they are the same person;

M. "reporter" means the person who reports a missing person;

N. "silver alert" means a notification relating to an endangered person:

(1) who is a missing person;

(2) who is fifty years or older; and

(3) about whom there is a clear indication that the individual has an irreversible deterioration of intellectual faculties;

O. "state agency" means an agency of the state, a political subdivision of the state or a public post-secondary educational institution; and

P. "state registrar" means the employee so designated by the public health division of the department of health pursuant to the Vital Statistics Act [Chapter 24, Article 14 NMSA 1978].

History: Laws 1995, ch. 146, § 2; 2007, ch. 119, § 1; 2010, ch. 32, § 2; 2010, ch. 33, § 3; 2013, ch. 81, § 2; 2016, ch. 8, § 1.

The 2016 amendment, effective July 1, 2016, added the definition of "Brittany alert" to the Missing Persons Information and Reporting Act, and made corresponding changes to the definitions of "custodian" and "endangered person" as used in the act; after the introductory sentence, added a new Subsection A and redesignated the succeeding subsections accordingly; in Subsection B, after "means", deleted "an individual" and added "a person"; in Subsection D, after "custody of a child", added "or of an adult with a developmental disability"; and in Subsection E, Paragraph (5), after the semicolon, deleted "or", in Paragraph (6), after the semicolon, added "or", and added a new Paragraph (7).

The 2013 amendment, effective July 1, 2013, broadened the definition of "custodian"; defined "silver alert"; in Subsection C, after "custody of a child", added the remainder of the sentence; in Paragraph (6) of Subsection D, after "Alzheimer's disease", added "dementia" and after "brain disorder", added "or a brain injury"; and added Subsection M.

The 2010 amendment, , effective May 19, 2010, in the introductory sentence, changed the name of the act from the "Missing Persons Information Act" to the "Missing Persons Information and Reporting Act"; in Paragraph (4) of Subsection D, after "Alzheimer's disease", added "or another degenerative brain disorder"; added Subsection F; in Subsection K, after "similarities between unidentified", deleted "body of a person" and added "human remains"; and added Subsection N.

The 2007 amendment, effective July 1, 2007, defined "endangered person" and "lead station".