Section 29-12A-4 - Confidentiality of records. - New Mexico Statutes

29-12A-4. Confidentiality of records.

A.     Evidence of a communication between a person submitting a report to a local crime stoppers program and the person accepting the report on behalf of the program is not admissible in a court or an administrative proceeding, except as provided in Subsection B of this section.   

B.     Records and reports of a local crime stoppers program are confidential and shall not be produced before a court or other tribunal, except on a motion by:   

(1)     a criminal defendant claiming that a record or report contains specific evidence that is exculpatory to the defendant on trial for that offense; or   

(2)     a person in civil court who has been exonerated of a criminal charge that was filed as a result of a report to a local crime stoppers program, and denial of access to a record or report would leave the person without the ability to offer prima facie proof that a legal injury was suffered through the wrongful acts of another.   

C.     Upon motion made pursuant to Subsection B of this section, a court may subpoena a record or report, but shall conduct an in camera inspection of the materials produced to determine whether there is evidence as alleged to warrant disclosure pursuant to Subsection B of this section. If the court finds such evidence, the court shall determine how much of the evidence to disclose and whether the identity of the person who submitted the report to the local crime stoppers program must be disclosed.   

D.     The court shall protect the identity of a person who submits a report to a local crime stoppers program as it would protect the identity of a confidential police informer.   

E.     A local crime stoppers program shall be certified by the crime stoppers advisory council before it can claim confidentiality under this section.