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Code · New Mexico · Chapter 29 — Law Enforcement · Article 15 — Missing Persons Information And Reporting

29-15-5. Custodian or immediate family member request for

309 words·~1 min read·/nm/chapter-29-law-enforcement/article-15-missing-persons-information-and-reporting/29-15-5·

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information.
A. Upon written or oral request to a law enforcement agency by a custodian or immediate family member of a missing person, the law enforcement agency shall immediately request from the clearinghouse information concerning the missing person that may aid the custodian or immediate family member in the identification or location of the missing person.
B. A law enforcement agency to which a request has been made pursuant to Subsection A of this section shall report to the custodian or immediate family member on the results of its inquiry to the clearinghouse within seven calendar days after the day the request is received by the law enforcement agency, or as soon as the results of its inquiry become available, whichever occurs last.
C. A law enforcement agency shall not report to a custodian or immediate family member pursuant to Subsection B of this section if the missing person is not a minor, has been found and has informed a law enforcement agency or the clearinghouse that the person requests confidentiality regarding the person's status and location. If the missing person who requests confidentiality regarding the person's status and location is a person with a custodian appointed by a judge, the law enforcement agency shall inform the court that the person has been found and has requested confidentiality regarding the person's status and location.
A law enforcement agency shall also report to the custodian that the person has been found unless there is competent evidence that to do so may cause harm to the incapacitated person.
D. The Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] shall not apply to a request to inspect records regarding a person who has requested confidentiality pursuant to Subsection C of this section.
History: Laws 1995, ch. 146, § 5; 2010, ch. 33, § 5; 2021, ch. 39, § 1.
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