2018 New Mexico Statutes
Chapter 29 - Law Enforcement
Article 3 - Identification of Criminals
Section 29-3-8 - Fingerprint and palm print impressions of persons arrested; disposition.

Universal Citation:
NM Stat § 29-3-8 (2018)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
29-3-8. Fingerprint and palm print impressions of persons arrested; disposition.

A. A person arrested for the commission of a criminal offense amounting to a felony under the laws of this state or any other jurisdiction shall be required by the arresting peace officer or the jail to make fingerprint and palm print impressions prior to the person's release. The arresting peace officer or the jail shall obtain fingerprint and palm print impressions and a photograph each time a person is arrested. At the time of fingerprinting and palm printing, a state tracking number shall be assigned to the fingerprint and palm print records and the booking sheet.

B. A person arrested for the commission of a criminal offense not amounting to a felony but punishable by imprisonment for more than six months under the laws of this state or any political subdivision shall be required by the arresting peace officer or the jail to make fingerprint and palm print impressions prior to the person's release. The arresting peace officer or the jail shall obtain fingerprint and palm print impressions and a photograph each time a person is arrested. At the time of fingerprinting and palm printing, a state tracking number shall be assigned to the fingerprint and palm print records and the booking sheet.

C. A person arrested for violating a provision of Section 66-8-102 NMSA 1978 or committing a violation of a municipal or county ordinance prescribing criminal penalties for driving while under the influence of intoxicating liquor or drugs shall be required by the arresting peace officer or the jail to make fingerprint and palm print impressions prior to the person's release. The arresting peace officer or the jail shall obtain fingerprint and palm print impressions and a photograph each time a person is arrested. At the time of fingerprinting and palm printing, a state tracking number shall be assigned to the fingerprint and palm printing records and the booking sheet.

D. Fingerprint and palm print impressions shall be made pursuant to rules adopted by the department. Fingerprint and palm print record submission policies and a state tracking number system for fingerprint and palm print records shall be implemented pursuant to rules adopted by the department. All felony, misdemeanor and DWI arrest fingerprints and palm prints shall be made in duplicate. Both copies and a photograph of the person arrested shall be forwarded to the department within five days following the date of arrest. The department shall forward one copy to the federal bureau of investigation in Washington, D.C.

E. An inmate who is charged with a felony or misdemeanor offense while incarcerated shall be fingerprinted, palm printed and photographed, and the jail or corrections facility shall forward the offender's fingerprint and palm print records and photograph to the department.

F. The administrative office of the courts shall provide to the department the disposition of all criminal cases assigned a state tracking number. The disposition shall be provided in electronic format, promptly upon the conclusion of the case.

G. The administrative office of the district attorneys shall provide to the department the disposition of all criminal cases assigned a state tracking number, when the district attorney decides not to file charges in the case. The disposition shall be provided in electronic format, promptly upon a district attorney's decision not to file charges in the case.

H. Law enforcement agencies, the administrative office of the courts and the administrative office of the district attorneys may allow the department access to their records for the purpose of auditing those records to ensure compliance with the provisions of this section.

History: 1953 Comp., § 39-3-8, enacted by Laws 1978, ch. 87, § 1; 1979, ch. 202, § 40; 1997, ch. 242, § 2; 2002, ch. 46, § 1; 2011, ch. 17, § 1.

ANNOTATIONS

Repeals and reenactments. — Laws 1977, ch. 364, § 1, repealed former 39-3-8, 1953 Comp., relating to fingerprinting of persons arrested for felonies and disposition of prints, and enacted a new 39-3-8, 1953 Comp. (29-3-8 NMSA 1978).

Laws 1978, ch. 87, § 1, repealed 39-3-8, 1953 Comp. (29-3-8 NMSA 1978), relating to fingerprinting of persons arrested and disposition, and enacted a new 29-3-8 NMSA 1978.

The 2011 amendment, effective June 17, 2011, required palm prints of persons who are arrested.

The 2002 amendment, effective July 1, 2002, in Subsection A, inserted "or the jail" and "prior to the person's release" in the first sentence, and added the second and third sentences; in Subsection B, substituted "by the arresting peace officer or the jail to make fingerprint impressions prior to the person's release" for "to make fingerprint impressions" in the first sentence, and added the second and third sentences; in Subsection C, inserted "or the jail" and "prior to the person's release" in the first sentence, and added the second and third sentences; rewrote Subsection D, substituting "the department" for "the New Mexico state police board" in the first sentence, adding the present second sentence, inserting "misdemeanor and DWI" in the third sentence, and adding the requirement of a photograph and the five-day requirement in the fourth sentence; deleted former Subsection E in light of the other amendments, and added present Subsections E through H.

The 1997 amendment, effective July 1, 1997, added Subsection C, redesignating the following subsections accordingly, and substituted "federal bureau of investigation" for "FBI" in Subsection E.

Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.