J AND A 073120 Sole Source Justification using SAP for CI Contract 140A0720D003_1.pdf

United States Department of the Interior

BUREAU OF INDIAN AFFAIRS

Southwest Regional Office 1001 Indian School Road NW

Albuquerque, New Mexico 87104

IN REPLY REFER TO:

108- Division of Acquisitions

SOLE SOURCE JUSTIFICATION USING

SIMPLIFIED ACQUISITION PROCEDURES (SAP)

FOR CERTAIN COMMERICAL ITEMS

AUTHORITY: FAR 13.501(a)

PR # 0040481884 SOL # 140A0720Q0015 J&A Control Number: 20-0071

1. Contracting Activity: This document is a justification for single source determination under

Simplified Acquisition Procedures (SAP) under the Simplified Acquisition Threshold (SAT) by the Department of the Interior, Bureau of Indian Affairs (BIA), Southwest Region Division of Acquisitions for the BIA, Office of Justice Services (OJS), District IV, Branch of Criminal Investigations.

2. Description of supplies or services required to meet agency needs.

The BIA, OJS, District IV, Branch of Criminal Investigations is requesting for autopsies and associated services for four Agencies: Laguna, Mescalero, Northern Pueblos and Southern Pueblos within the State of New Mexico (NM).

The acquisition is for nonpersonal health care services to provide all personnel, equipment, tools, materials, supervision, reports, court appearance, travel, and other items necessary to deliver autopsy and other associated services to be conducted for the BIA, OJS, District IV, Branch of Criminal Investigations. Services are required to properly determine the cause of death in homicide, suicide, and unattended death investigations. Services are also required for the pronouncement of an individual’s death at the field location, and in some cases transport the body from the field location to the laboratory setting for more extensive autopsy and testing to determine cause of death. Other services may be required which lead to determining the factor(s) contributing to a death, such as forensic. Court appearance may be required to serve as expert witnesses and testify in pre-trial and court hearings. Services will be coordinated and requested by the BIA-OJS on a case-by-case, as-needed basis. The BIA Law Enforcement Agency shall provide the name of the deceased (if known), case Agent, and location of body for pick up with the jurisdiction of the following agencies: Laguna, Mescalero, Northern Pueblos, and Southern Pueblos. All are within the state of New Mexico.

The services were provided under Contract A16PC00052, which expired on June 30, 2020.

The services were needed by July 2020 and into the future. After the Contract A15PC00052 expires the BIA-OJS will use charge cards to pay for services in July 2020. The performance period is September 1, 2020 to August 31, 2021 with four one-year options, ending August 31, 2025.

Pricing type is a requirements type contract, with Firm-Fixed Price with Economic Price Adjustment CLINs. The estimated value of the proposed action is $470,303.79 for a base year and four option years. A base contract will be issued. Task orders will be issued against the contract with the estimated quantities with funding.

Estimated quantities for each year.

Estimate dollars for each year.

Total for 5 years is $470,303.79

3. Identification of the single source to be solicited.

University of New Mexico (School of Medicine - Office of the Medical Investigator) 2500 Marble Drive NE Albuquerque, NM 87131-0001 POC: Diana Heider, Director of Professional & Gov. Contract Email: DHeider@unmmg.org 505-272-9071

4. Reason for FAR 13.106-1(b)(1) and 6.302-1 authority cited. The Contracting Officer has determined the circumstances of the contract action deem only one source reasonably

PR 0040481884

BIA OJS DISTRICT IV AGENCY

Service Laguna Mescalero Northern Pueblos

Southern Pueblos

Autopsy Examination - Full or Partial 3 3 2 2 External Examination w/dictation & CT 10 2 4 2 Examination Investigation Fee 13 4 6 4

Miles round trip 100 430 180 100 Estimated miles round trip 150 645 180 100

OMI - Deputy Mileage 3 3 2 2 OMI - Transportation (distance of reservation) 3 3 2 2 Forensic Anthropology Consultation - partial Skelton 0.5 0.5 0.5 0.5 Court appearance per hour - one hour 0.5 0.5 0.5 0.5

Miles to US District Court round trip 15 15 15 15 Court appearance mileage 7.5 7.5 7.5 7.5 OMI Handling Fee 5 5 5 5

Two for all agencies

2 hours for all agencies

30 miles for all agencies

BIA OJS DISTRICT IV - ALL AGENCIES Estimated Dollar Amount

Service Estimated

Estimated

Estimated

Estimated

Estimated

Autopsy Examination - Full or Partial $46,240.00 $47,627.20 $49,056.02 $50,527.70 $52,043.53 External Examination $31,194.00 $32,129.82 $33,093.71 $34,086.53 $35,109.12 Investigation Fee $4,104.00 $4,227.12 $4,353.93 $4,484.55 $4,619.09

Miles round trip 2150 2150 2150 2250 2150 OMI - Deputy Mileage $1,247.00 $1,284.41 $1,322.94 $1,426.01 $1,403.51 OMI - Transportation (distance of reservation) $1,000.00 $1,030.00 $1,060.90 $1,092.73 $1,125.51 Forensic Anthropology Consultation - partial Skelton $2,498.00 $2,572.94 $2,650.13 $2,729.63 $2,811.52 Court appearance per hour $568.00 $585.04 $602.59 $620.67 $639.29

Miles to US District Court round trip 30 30 30 30 30 Court appearance mileage $17.40 $22.40 $23.07 $23.77 $24.48 OMI Handling Fee $1,700.00 $1,751.00 $1,803.53 $1,857.64 $1,913.36

$88,568.40 $91,229.93 $93,966.83 $96,849.21 $99,689.41 available, due to the NM State Statute Chapter 24, Health and Safety Section 11, Medical Investigations.

5. Rationale: Provide an explanation that supports the reason cited in #4.

There is no other source for these services in the State of NM. OMI has to provide services to the entire state of NM; therefore, timeliness of the services is important to BIA

Background The 1972 State of New Mexico Legislature amended the New Mexico Statutes, Chapter 24 – Health and Safety, Section 11 Medical Investigations to have the State of New Mexico’s investigator of any death be the Office of the Medical Investigator (OMI). See attachment – 2019 New Mexico Statutes. The OMI is under the University of New Mexico - School of Medicine. The OMI directs all death-related investigative activities statewide. All autopsy services are conducted in Albuquerque, but some services are contracted out, like toxicology testing. The determination of cause and manner of death leads to a formal death certificate.

The OMI provides a fee schedule yearly, starting January 1st. The schedule is for the general public and entities requesting OMI services.

The BIA, OJS, District IV has Contract A16PC00052 to cover services for a base term and four one-year option years. The period was from March 18, 2015 to June 30, 2020, including extensions using FAR 52.217-8. The contract was sole sourced under the authority of FAR 6.203-1 with the University of New Mexico and paid the prices listed on the OMI Fee Schedule for the year.

Alternative

There are no other contractors allowed to provide autopsy and associated services in the state of NM, per the NM State Legislature. The BIA will not seek any competition, or take action to remove or overcome any barriers to competition, or alleviate long term sole source dependency for this procurement as long as the University of New Mexico, Office of the Medical Investigator is the only provider for the State of NM.

The services cannot be performed by the BIA. The modification of the performance work statement will not allow for full and open competition in the future. Subcontracting is not available.

Justification The proposed contractor is the only provider in the state of NM. It is anticipated the rational for sole sourcing this service will not change over the five year period of the contract (base plus options).

Impact The BIA, OJS, District IV, Branch of Criminal Investigations would have no legal determination of cause and manner of death, if the services are not provided. This would delay judicial cases and court hearings. A health and safety issue is the deceased body would not have a place to be kept until burial services commenced.

The nature and extent of the injury, financial or otherwise, to the BIA OJS as a consequence of delay in contract award is deaths would not be determined; cases would be held up; and health and safety issues would not be implemented pertaining to the transportation and proper facility for the deceased. The cost of these delays is not known and can’t be estimated due to several variables.

Cost for services will increase when the OMI provides a new fee schedule in January of each year.

Procurement History

Contractor: University of New Mexico - OMI Contract No. Award Date POP Amount Competitive or

Sole Source (authority)

A15PX01016 09/09/2015 10/24/14 –

01/30/15

$13,518.56 Ratification

A16PX00598 03/23/2016 10/31/14 –

11/24/14

$4,115.52 Ratification

A15PC00052 03/18/2015 03/18/15 –

06/30/20

$368,866.10 (invoice pending)

Sole Source 6.302-1

Fair and Reasonable Price

The anticipated cost to the Government for this acquisition will be fair and reasonable. The determination is based on comparison of the 2019 Fee Schedule prices with previous Fee Schedules on Contract A16PC00052. Forecasting of prices for the option years by the Government was based on an average 3% increase (comparison of the 2014 to 2019 Fee Schedules), this is within the Firm-Fixed Price with Economic Price Adjustment limitations.

Conclusion The OJS program nor the Southwest Region Division of Acquisition will solicit from other sources due to proprietor of autopsy and associated services are performed by the University of New Mexico, OMI per the NM legislation. A sources sought was not issued because there is only one source. This JOFOC will be posted at beta.sam.gov.

6. Market Research. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted.

On March 25, 2020, sufficient market research was conducted by the CO and was appropriate to the circumstances. None of the efforts have yielded additional potential sources. Based on the history and the New Mexico State Legislation, the services can only be provided by one source, OMI. There is no competition anticipated for this procurement due to proprietor of autopsy and associated services. The CO has determined to comply with the State of NM legislation and go sole source with University of Mexico.

7. Under the authority of FAR 13.105(a), the undersigned hereby determines the circumstances of this contract action deem only one source is reasonably available as supported herein.

X Sonia L. Nelson, Contracting Officer Date

8. Requirements personnel certification.

SONIA NELSON

Digitally signed by SONIA

NELSON

Date: 2020.07.29 17:43:07 -06'00'

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

Marcelino Toersbijns, Date OJS/BCI Regional Agency in Charge

9. Reviews and Approvals

Chief of the Contracting Office (Supervisory Contracting Officer) approval is required for actions valued from $150,000 up to $700,000

Concur

Ryan Geffre, Supervisory Contracting Officer Date

MARCELINO

TOERSBIJNS

Digitally signed by

MARCELINO TOERSBIJNS

Date: 2020.07.31 12:31:43 -06'00'

RYAN GEFFRE Digitally signed by RYAN GEFFRE Date: 2020.07.31 17:09:13 -06'00'

2019 New Mexico Statutes Chapter 24 - Health and Safety

Article 11 - Medical Investigations

Section 24-11-1 - Board of medical investigators; creation; membership;

compensation.

Universal Citation: NM Stat § 24-11-1 (2019)

There is created the "board of medical investigators", consisting of the dean of the university of New Mexico school of medicine, the secretary of health, the chief of the New Mexico state police, the chair of the board of funeral services and the secretary of Indian affairs. The members of the board of medical investigators shall receive no compensation for their services as board members other than as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].

History: 1953 Comp., § 12-17-1, enacted by Laws 1971, ch. 112, § 1; and recompiled as 1953 Comp., § 12-29-1, by Laws 1972, ch. 51, § 9; 1973, ch. 286, § 1; 1977, ch. 253, § 38; 1981, ch.

96, § 1; 2003, ch. 191, § 1; 2012, ch. 48, § 2.

ANNOTATIONS

Cross references. — For chairman of the board of funeral services, see 61-32-5 NMSA 1978.

The 2012 amendment, effective July 1, 2012, changed the name of the board of thanatopractice to the board of funeral service; in the first sentence, after "chair of the board of", deleted "thanatopractice" and added "funeral services" and after "board of funeral services and the", deleted "director of the New Mexico office" and added "secretary".

The 2003 amendment, effective July 1, 2003, deleted "medical school at the" following "dean of the", inserted "school of medicine" following "of New Mexico", substituted "health, the chief of the New Mexico" for "health and environment, the chief of the" following " the secretary of", and substituted "and the director of the New Mexico office of Indian affairs" for "of the state of New Mexico" following "state board of thanatopractice".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Coroners or Medical Examiners § 1 et seq.

18 C.J.S. Coroners § 1 et seq.

Section 24-11-2 - Meetings; duties.

Universal Citation: NM Stat § 24-11-2 (2019)

A. The board of medical investigations [investigators] shall meet at least annually and as often as necessary to conduct the business of the board. Additional meetings may be called by the chairman or by a majority of the members of the board.

B. At the first annual meeting of the board, the members shall elect one of their number as chairman.

C. The board of medical investigations [investigators] shall formulate broad policy for the operation of the office of the state medical investigator and the offices of the district medical investigators.

D. The board of medical investigations [investigators] shall employ and fix the compensation of a qualified state medical investigator who shall be assigned as an employee of the university of New Mexico school of medicine.

History: 1953 Comp., § 12-17-2, enacted by Laws 1971, ch. 112, § 2; recompiled as 1953 Comp., § 12-29-2, by Laws 1972, ch. 51, § 9; 1973, ch. 286, § 2.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Section 24-11-3 - State medical investigator;

qualifications; duties; office.

Universal Citation: NM Stat § 24-11-3 (2019)

A. The state medical investigator shall be a physician licensed to practice in New Mexico.

Insofar as practicable, the medical investigator shall be trained in the fields of pathology and forensic medicine.

B. The state medical investigator shall maintain his office at the school of medicine at the university of New Mexico.

C. The state medical investigator shall appoint district medical investigators and where necessary deputy medical investigators who shall serve at his pleasure. The state medical investigator may assign deputy medical investigators to districts to work under the supervision of a district medical investigator. The district medical investigator shall be a licensed physician. When deemed necessary by the state medical investigator, he may direct a deputy or district medical examiner to enter another district for the purpose of carrying out medical investigations.

D. Any district created by the state medical investigator to be staffed by a district medical investigator shall be co-extensive with one or more counties.

E. The state medical investigator may enter into agreements for services to be performed by persons in the course of medical investigations.

F. The state medical investigator shall, subject to the approval of the board of medical investigations, promulgate rules and regulations for the proper investigation of deaths occurring within this state.

G. The state medical investigator shall maintain records of the deaths occurring within this state which are investigated by either state or district medical investigators.

H. In addition to other duties prescribed in this section, the state medical investigator shall also serve as the district medical investigator for Bernalillo county.

I. Funds for the operation of the state and district medical investigators' offices shall be appropriated to and administered by the university of New Mexico school of medicine.

History: 1953 Comp., § 12-17-3, enacted by Laws 1971, ch. 112, § 3; recompiled as 1953 Comp., § 12-29-3, by Laws 1972, ch. 51, § 9; 1973, ch. 286, § 3.

ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 C.J.S. Coroners §§ 3 to 9.

Section 24-11-4 - [References to coroner.] Universal Citation: NM Stat § 24-11-4 (2019)

As used in the New Mexico Statutes Annotated, 1978 Compilation, "coroner" means the district medical investigator.

History: 1953 Comp., § 15-43-43.1, enacted by Laws 1971, ch. 112, § 10.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Section 24-11-5 - Reports of violent death.

Universal Citation: NM Stat § 24-11-5 (2019)

When any person comes to a sudden, violent or untimely death or is found dead and the cause of death is unknown, anyone who becomes aware of the death shall report it immediately to law enforcement authorities or the office of the state or district medical investigator. The public official so notified, shall in turn notify either, or both, the appropriate law enforcement authorities or the office of the state or district medical investigator. The state or district medical investigator, or a deputy medical investigator under his direction, shall, without delay, view and take legal custody of the body.

History: 1953 Comp., § 15-43-44, enacted by Laws 1961, ch. 91, § 2; 1971, ch. 112, § 4; 1973,

ch. 286, § 4; 1975, ch. 7, § 1.

ANNOTATIONS

Cross references. — For failure to report death, see 24-11-10 NMSA 1978.

Autopsy reports are testimonial. — Autopsy reports regarding individuals who suffered a violent death are testimonial for purposes of confrontation clause analysis, because medical examiners are required by 24-11-8 NMSA 1978 to report their findings to the district attorney.

State v. Navarette, 2013-NMSC-003, 294 P.3d 435.

Section 24-11-6 - Death certificate; release of body; reports.

Universal Citation: NM Stat § 24-11-6 (2019)

A. If, after viewing the body, notifying the law enforcement agency with jurisdiction and making an investigation, the state or district medical investigator is satisfied that the death was not caused by criminal act or omission and that there are no suspicious circumstances about the death, he shall execute a death certificate in the form required by law. He shall also execute a certificate on a form prescribed by the health and social services department [department of health], authorizing release of the body to the funeral director for burial. In those cases in which the investigation is performed by a deputy medical investigator, if, after viewing the body, notifying the law enforcement agency with jurisdiction and making an investigation, he is satisfied that the death was not caused by criminal act or omission and that there are no suspicious circumstances about the death, he shall report this finding to the state or district medical investigator under whose direction he is working. Upon receipt of a report from a deputy medical investigator under this subsection, the state or district medical investigator may execute a death certificate and a certificate authorizing release of the body for burial.

B. In those cases where the death resulted from a motor vehicle accident on a public highway, and the state, district or deputy medical investigator performs or causes to be performed a test or tests to determine the alcoholic content of the deceased's blood, a copy of the report of this test shall be sent to the planning division of the state highway department for the department's use only for statistical purposes. The copy of the report sent to the planning division of the state highway department of the results shall not contain any identification of the deceased and shall not be subject to judicial process.

History: 1953 Comp., § 15-43-45, enacted by Laws 1961, ch. 91, § 3; 1969, ch. 36, § 1; 1971,

ch. 112, § 5; 1973, ch. 286, § 5; 1975, ch. 7, § 2.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1977, ch. 253, §§ 5 and 14 abolished the health and social services department and transferred property and personnel to the health and environment department. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department and enacted a new 9-7-4 NMSA 1978 which created the department of health.

Cross references. — For disposition of dead bodies generally, see Chapter 24, Article 12

NMSA 1978.

Use of original report. — Under Subsection B, no evidentiary limitation is placed on an original report which identifies the deceased person; to disallow its use in civil and criminal cases would render the report valueless. South v. Lucero, 1979-NMCA-046, 92 N.M. 798, 595 P.2d 768, cert.

denied, 92 N.M. 675, 593 P.2d 1078.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Coroners or Medical Examiners § 1 et seq.

Admissibility of finding of coroner to show cause of death in workmen's compensation cases, 6 A.L.R. 548.

Insurance: coroner's verdict or report as evidence on issue of suicide, 28 A.L.R.2d 352.

Homicide: cremation of victim's body as violation of accused's right, 70 A.L.R.4th 1091.

18 C.J.S. Coroners § 23.

Section 24-11-6.1 - Deceased members of Indian nations, tribes or pueblos;

consultation and certification required.

Universal Citation: NM Stat § 24-11-6.1 (2019)

A. The state medical investigator shall make reasonable efforts to determine if a deceased person is a member of a federally recognized Indian nation, tribe or pueblo. If a deceased person has been determined to be a member of a federally recognized Indian nation, tribe or pueblo, the state medical investigator shall use all due diligence to avoid an autopsy except when legally required due to possible criminal acts or omissions, an obscure cause of death or other reasons or pursuant to consent given according to the provisions of Section 24-12-4 NMSA 1978. The state medical investigator shall use the least invasive means possible to satisfy the investigator's legal duties in conducting an autopsy.

B. If the state medical investigator determines that an autopsy cannot be avoided, the investigator shall attempt to provide advance notice of the autopsy to the surviving spouse or next of kin, or to the Indian nation, tribe or pueblo of the deceased. The state medical investigator shall provide documentation concerning the autopsy upon request of the surviving spouse or next of kin, or if none is identified, to the Indian nation, tribe or pueblo of which the deceased was a member.

C. If requested by the surviving spouse or the next of kin, or if none is identified, by the Indian nation, tribe or pueblo through an official representative designated pursuant to Subsection E of this section, the state medical investigator shall permit a law enforcement officer of the Indian nation, tribe or pueblo of the deceased to be present during the autopsy. The law enforcement officer attending the autopsy may not interfere with the autopsy procedure and shall follow the health regulations governing autopsy procedures.

D. After any legally required autopsy or postmortem examination has been conducted, the state medical investigator shall use all due diligence to consult with the surviving spouse or next of kin of the deceased regarding the disposition of all of the deceased's remains. Unless other treatment of the remains is required by law, the state medical investigator shall replace all body parts and, if requested, shall provide written certification to the surviving spouse or next of kin of the deceased that the investigator has replaced all body parts.

E. The state medical investigator shall request that each Indian nation, tribe and pueblo located in New Mexico designate, and keep current the designation of, an official representative that the state medical investigator shall contact when it is necessary to contact a tribal representative regarding an autopsy or the disposition of the remains of a deceased member of the Indian nation, tribe or pueblo.

History: Laws 2003, ch. 191, § 2; 2005, ch. 263, § 1.

ANNOTATIONS

The 2005 amendment, effective June 17, 2005, deleted the former provision that if a deceased person is a member of a federally recognized Indian nation, tribe or pueblo, the state medical investigator shall use all due diligence after a legally required autopsy or post-mortem examination, to consult with the legal next of kin of the deceased regarding the disposition of all of the deceased's remains, unless other treatment of the remains is provided for by law, and added Subsections A through E to provide for the autopsy of deceased members of an Indian nation, tribe or pueblo and for the disposition of the remains of the deceased.

Section 24-11-7 - Examination; autopsy;

inquest.

Universal Citation: NM Stat § 24-11-7 (2019)

If the deceased is unidentified, the state, district or deputy medical investigator may order the body fingerprinted and photographed. When the state, district or deputy medical investigator suspects a death was caused by a criminal act or omission or if the cause of death is obscure, he shall order an autopsy performed by a qualified pathologist certified by the state board of medical examiners who shall record every fact found in the examination tending to show the identity and condition of the body and the time, manner and cause of death. The pathologist shall sign the report under oath and deliver it to the state, district or deputy medical investigator within a reasonable time. The state, district or deputy medical investigator may take the testimony of the pathologist and any other persons and this testimony, combined with the written report of the pathologist, constitutes an inquest.

History: 1953 Comp., § 15-43-46, enacted by Laws 1961, ch. 91, § 4; 1971, ch. 112, § 6; 1973,

ch. 286, § 6.

ANNOTATIONS

Authority of board. — If a medical investigator suspects that criminal conduct caused a death or that the cause of death is obscure, the board of medical investigators may, without the consent of the decedent or the decedent's family, order an autopsy or apply to disinter the decedent to perform an autopsy. In re Johnson, 1980-NMSC-069, 94 N.M. 491, 612 P.2d 1302.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Coroners or Medical Examiners §§ 7 to 15.

Reviewing, setting aside or quashing verdict at coroner's inquest, 78 A.L.R.2d 1218.

Civil liability in conjunction with autopsy, 97 A.L.R.5th 419.

18 C.J.S. Coroners §§ 10 to 26.

Section 24-11-8 - Reports to district attorney.

Universal Citation: NM Stat § 24-11-8 (2019)

The state or district medical investigator shall promptly report his findings, or the findings of a deputy medical investigator that has performed an investigation under his direction, to the district attorney in each death investigated. Upon request of the district attorney, the state or district medical investigator shall send a complete record of the medical investigation in any case, including a transcript of the testimony of witnesses examined at any inquest.

History: 1953 Comp., § 15-43-47, enacted by Laws 1961, ch. 91, § 5; 1971, ch. 112, § 7; 1973,

ch. 286, § 7.

Section 24-11-9 - Subpoena; oath.

Universal Citation: NM Stat § 24-11-9 (2019)

The state, district or deputy medical investigator may administer oaths and may issue a subpoena to compel the attendance and production of evidence by any necessary witness and the subpoena may be enforced in the district court. Any subpoena shall be served without cost by the sheriff or any deputy or by any member of the New Mexico state police.

History: 1953 Comp., § 15-43-48, enacted by Laws 1961, ch. 91, § 6; 1971, ch. 112, § 8; 1973,

ch. 286, § 8.

Section 24-11-10 - Penalties.

Universal Citation: NM Stat § 24-11-10 (2019)

A. It is unlawful to:

(1) willfully and without good cause neglect or refuse to report a death to law enforcement authorities or the office of the state or district medical investigator as required by law; or

(2) willfully and unnecessarily touch, remove or disturb any dead body required by law to be reported to the state or district medical investigator, or any article on or near the body or disturb its surroundings until authority is granted by the state, district or deputy medical investigator.

B. Any person violating this section is guilty of a petty misdemeanor.

History: 1953 Comp., § 15-43-50, enacted by Laws 1961, ch. 91, § 8; 1971, ch. 112, § 9; 1973,

ch. 286, § 9; 1975, ch. 7, § 3.

ANNOTATIONS

Cross references. — For duty to report deaths, see 24-11-5 NMSA 1978.

For sentencing for misdemeanors, see 31-19-1 NMSA 1978.