§ 29-3-8 — Biometric identifying information of persons arrested; state

arrest records; disposition. A. A booking facility shall electronically collect biometric identifying information from a person arrested for the following crimes prior to the person's release: (1) the commission of a criminal offense amounting to a felony; (2) the commission of a criminal offense not amounting to a felony but punishable by imprisonment for more than six months under the laws of the state or a political subdivision of the state; or (3) the violation of a provision of Section 66-8-102 NMSA 1978 or the violation of a municipal or county ordinance prescribing criminal penalties for driving while under the influence of intoxicating liquor or drugs. B. Biometric identifying information shall be obtained each time a person is arrested. C. At the time biometric identifying information is collected, the booking facility shall create an arrest record with a state arrest tracking number provided by the department. The arrest record shall include: (1) the date of arrest; (2) the state arrest tracking number assigned to the arrest record; (3) the state personal identification number assigned to the arrestee by the department; (4) the arrestee's biometric identifying information; and (5) a completed description with charge code of each offense charged. D. The department shall promulgate rules addressing: (1) collection of biometric identifying information; (2) submission of biometric identifying information; (3) creation of a state personal identification number system to identify a person arrested and charged with a crime and ensure that the same state personal identification number is assigned to the person regardless of the number of times the person is arrested or the location of the arrest within the state; and (4) creation of a state arrest tracking number system for each arrest record. E. At booking, the booking facility shall immediately forward the arrest record and any other information required by department rule to the department. F. The department shall immediately provide the: (1) biometric identifying information to the federal bureau of investigation in Washington, D.C.; (2) state personal identification number to agencies at all levels of government that are engaged in the apprehension, prosecution or defense, adjudication, incarceration or rehabilitation of criminal offenders; and (3) arrest record to the administrative office of the district attorneys for submission to the appropriate prosecuting authority. G. Biometric identifying information shall be collected from an inmate who is charged with a felony or misdemeanor offense while incarcerated, and the jail or corrections facility shall forward the offender's biometric identifying information to the department. H. The administrative office of the courts shall provide to the department the disposition of all criminal cases assigned a state arrest tracking number. The disposition shall be provided in electronic format, promptly upon the conclusion of the case. I. The administrative office of the district attorneys shall provide to the department the disposition of all criminal cases assigned a state arrest 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. J. The department shall forward the disposition of all criminal cases to the federal bureau of investigation and the national crime information center within five business days of receipt. K. Law enforcement agencies, the administrative office of the courts and the administrative office of the district attorneys shall allow the department access to their records for the purpose of auditing those records to ensure compliance with the provisions of this section. L. As used in this section: (1) "biometric identifying information" means physical characteristics used in verifying the identity of an individual, including photographs, fingerprint impressions and palm print impressions; (2) "booking facility" means a jail, police station, sheriff's office or other place of detention; (3) "charge code" means the unique code assigned to the crime from the master charge code table distributed by the New Mexico justice information sharing council; (4) "state arrest tracking number" means an incident-based unique number assigned to the arrest; and (5) "state personal identification number" means a unique number assigned to the arrestee based on the arrestee's biometric identifying information.

Legislative History

1953 Comp., § 39-3-8, enacted by Laws 1978, ch. 87, § 1; 1979, ch. 202, § 40;