1. A. The department of public safety shall by rule provide for the classification of information and records as confidential that:

   1. (1) are otherwise confidential under state or federal law or rules adopted pursuant to state or federal law;
   2. (2) are related to the investigation by a law enforcement agency of a missing person or unidentified human remains, if the department of public safety, in consultation with the law enforcement agency, determines that release of the information would be deleterious to the investigation;
   3. (3) are records or notations that the clearinghouse maintains for internal use in matters relating to missing persons and unidentified human remains and the department of public safety determines that release of the internal documents might interfere with an investigation by a law enforcement agency in New Mexico or any other jurisdiction; or
   4. (4) the department of public safety determines might interfere with an investigation or otherwise harm a person, custodian or reporter.
2. B. The rule may provide for the sharing of confidential information with the custodian or immediate family member of the missing person, except as provided pursuant to Section 29-15-5 NMSA 1978.

History: Laws 1995, ch. 146, § 11; 2010, ch. 33, § 13; 2021, ch. 39, § 2.

ANNOTATIONS

The 2021 amendment, effective June 18, 2021, provided an exception to the provision authorizing the sharing of confidential information with the custodian or immediate family member of a missing person; and in Subsection B, after "missing person", added "except as provided pursuant to Section 29-15-5 NMSA 1978".

The 2010 amendment, effective May 19, 2010, in Subsection A, after "public safety shall by", deleted "regulation" and added "rule"; in Paragraph (1) of Subsection A, after "state or federal law or", deleted "regulations" and added "rules"; in Paragraph (2) of Subsection A, after "missing person or unidentified", deleted "body" and added "human remains"; in Paragraph (3) of Subsection A, after "missing persons and unidentified", deleted "bodies" and added "human remains"; and in Subsection B, at the beginning of the sentence, after "The", deleted "regulation" and added "rule".