1. 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. (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:

      1. (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;
      2. (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;
      3. (c) stalking pursuant to Section 30-3A-3 NMSA 1978;
      4. (d) aggravated stalking pursuant to Section 30-3A-3.1 NMSA 1978;
      5. (e) criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978;
      6. (f) criminal sexual contact pursuant to Section 30-9-12 NMSA 1978; or
      7. (g) sexual exploitation of children pursuant to Section 30-6A-3 NMSA 1978;
   2. (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. (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. (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. (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. (6) visual or audio depiction of the notification to a member of the public of a family member's death;
   7. (7) confidential sources, methods or information; or
   8. (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.

2. B. A request for release of video or audio shall specify at least one of the following:

   1. (1) the computer-aided dispatch record number;
   2. (2) the police report number;

   3. (3) the date or date range with reasonable specificity and at least one of the following:

      1. (a) the name of a law enforcement officer or first responder;
      2. (b) the approximate time; or
      3. (c) the approximate location; or
   4. (4) other criteria established and published by a law enforcement agency to facilitate access to videos.
3. 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.
4. 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.

History: 1978 Comp., § 14-2-1.2, enacted by Laws 2023, ch. 67, § 3.

ANNOTATIONS

Emergency clauses. — Laws 2023, ch. 67, § 5 contained an emergency clause and was approved March 30, 2023.