Summary:

 Senate Bill 309 (SB 309) relates to criminal procedure and adds notification requirements for violations of pretrial conditions of release.  SB 309 provides that pretrial conditions of release are public records, and provides access to GPS data on defendants on pretrial release to law enforcement officers.   

Legislation Overview:

 Senate Bill 309 (SB 309) makes the following three changes regarding pretrial conditions of release:
First, SB 309 enacts a new section of criminal procedure that provides that pretrial conditions of release that show a violation of conditions of release are public records.  The records cannot contain precise geographical coordinates, protected health information or protected personal identifying information or that this information be redacted.  
Second, the bill amends Section 31-3-12 NMSA 1978 by allowing law enforcement officers to obtain GPS data on defendants on pretrial release upon request.  Currently, law enforcement officers must have reasonable suspicion to believe the data will be probative.  The bill removes the requirement that the data given to law enforcement is not more than one year old.  The bill also removes the provision that the data is not a public record unless admitted as evidence during a criminal trial. 
Third, the bill enacts a new section of the Victims of Crime Act to require that the court, the prosecutor, the defendant’s counsel, and the victim be immediately notified if a person on pretrial release for a criminal offense violates a condition of release.  This applies to offenses listed as a “criminal offense” in the Victims of Crime Act, which are: arson, aggravated assault/battery, dangerous use of explosives, negligent use of a deadly weapon, murder, voluntary/involuntary manslaughter, kidnapping, criminal sexual penetration, criminal sexual contact of a minor, armed robbery, homicide by vehicle, great bodily injury by vehicle, abandonment or abuse of a child, stalking, aggravated assault against a household member, assault against a household member with the intent to commit a violent felony, and battery/aggravated battery against a household member.