N.M. Stat. § 61-27B-4

Current through 2024, ch. 69
Section 61-27B-4 - [Repealed effective 7/1/2029] Persons exempted-limitations on unlicensed activities
A. As used in this section, "temporary" means a period of time not to exceed the duration of one private event or one school or nonprofit organization event, as described in Paragraphs (2) and (3) of Subsection B of this section.
B. The Private Investigations Act does not apply to:
(1) an individual employed exclusively and regularly by one employer in connection with the affairs of that employer, provided that the individual patrols or provides security only on the premises of the employer as limited by the employer;
(2) an individual employed exclusively to provide temporary security at a private event that is not open to the public;
(3) individuals providing temporary security at athletic or other youth events and where the events occur under the auspices of a public or private school or a nonprofit organization;
(4) an attorney licensed in New Mexico, or the attorney's employee working under the direct supervision of the attorney, conducting private investigations while engaged in the practice of law;
(5) an officer or employee of the United States or this state or a political subdivision of the United States or this state while that officer or employee is engaged in the performance of the officer's or employee's official duties;
(6) a person engaged exclusively in the business of obtaining and furnishing information concerning the financial rating of persons;
(7) a charitable philanthropic society or association duly incorporated under the laws of this state that is organized and maintained for the public good and not for private profit;
(8) a licensed collection agency or an employee of the agency while acting within the scope of employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or the debtor's property;
(9) admitted insurers, adjusters, agents and insurance brokers licensed by the state performing duties in connection with insurance transactions by them; or
(10) an institution subject to the jurisdiction of the director of the financial institutions division of the department or the comptroller of currency of the United States.
C. A private investigator licensed in New Mexico shall not offer or provide traffic crash reconstruction in New Mexico unless the private investigator has successfully completed a traffic crash reconstruction course approved by rule of the department. A person, other than a certified and commissioned law enforcement officer or a New Mexico professional engineer, who wishes to offer or provide traffic crash reconstruction in New Mexico must be licensed as a private investigator and meet the requirements of this subsection.
D. Skip tracing in New Mexico shall be offered or provided only by:
(1) an employee of a New Mexico state or local law enforcement agency;
(2) a private investigator; or
(3) an attorney licensed to practice in New Mexico or the attorney's employee working under the direct supervision of the attorney.

NMS § 61-27B-4

Laws 1993, ch. 212, § 4; § 61-27A-4 recompiled as § 61-27B-4; Laws 2007, ch. 115, § 4.
Amended by 2023, c. 190,s. 39, eff. 7/1/2023.