New Mexico Statutes 31-3-12. Availability of global positioning system data on defendants on pretrial release
Any public entity that possesses or controls global positioning system data with respect to a defendant on pretrial release shall make that data available without a warrant to a law enforcement officer pursuant to an ongoing and pending criminal investigation for which there is reasonable suspicion to believe the data will be probative. Any data provided to the law enforcement officer shall be limited to data that relates to the criminal investigation and is not more than one year old. The data shall not be made a part of any public record unless admitted as evidence during a criminal trial. The law enforcement officer may request immediate access to the data if it involves an investigation of:
Attorney's Note
Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | up to 18 years | up to $15,000 |
| second degree felony | up to 9 years | up to $10,000 |
Terms Used In New Mexico Statutes 31-3-12
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. any of the following serious violent felony offenses: (1) murder in the first degree;
(2) first or second degree felony human trafficking of a child;
(3) first degree felony abuse of a child;
(4) sexual exploitation of a child constituting at least a second degree felony;
or
(5) a serious violent felony offense as provided in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L of Section 33-2-34 N.M. Stat. Ann.;
B. a felony offense during which a firearm was brandished pursuant to Section 31- 18-16 NMSA 1978 or during which a firearm was discharged; or
C. a felony offense during which great bodily harm was inflicted as defined in Section 30-1-12 N.M. Stat. Ann. or that caused the death of a person.