CHANGE IN CAUSE OF DEATH DISCLOSURE EXCEPTION

HB0091

HOUSE BILL 91

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Marian Matthews

AN ACT

RELATING TO RECORDS; PROVIDING AN EXCEPTION TO THE DISCLOSURE
OF LAW ENFORCEMENT RECORDS REGARDING THE NOTIFICATION OF A
CHANGE IN CAUSE OF DEATH TO A FAMILY MEMBER OF THE DECEASED.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 14-2-1.2 NMSA 1978 (being Laws 2023,
Chapter 67, Section 3) is amended to read:

"14-2-1.2. LAW ENFORCEMENT RECORDS.--

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) 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:

(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;

(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;

(c) stalking pursuant to Section 30-3A-3
NMSA 1978;

(d) aggravated stalking pursuant to
Section 30-3A-3.1 NMSA 1978;

(e) criminal sexual penetration pursuant
to Section 30-9-11 NMSA 1978;

(f) criminal sexual contact pursuant to
Section 30-9-12 NMSA 1978; or

(g) sexual exploitation of children
pursuant to Section 30-6A-3 NMSA 1978;

(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) 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) 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) 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) visual or audio depiction of the
notification to a member of the public of a family member's
death;

(7) visual or audio depiction of the
notification to a member of the public of a change in cause of
death of a family member, without permission of the person who
receives the notification;

[
(7)
]
(8)
confidential sources, methods or
information; or

[
(8)
]
(9)
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.

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

(1) the computer-aided dispatch record number;

(2) the police report number;

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

(a) the name of a law enforcement
officer or first responder;

(b) the approximate time; or

(c) the approximate location; or

(4) other criteria established and published
by a law enforcement agency to facilitate access to videos.

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.

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."

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