SENATE BILL 291

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Crystal Brantley

 

 

 

 

 

AN ACT

RELATING TO ENFORCEMENT OF LAWS; PROVIDING THAT LAW ENFORCEMENT OFFICERS EMPLOYED BY THE STATE PARKS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT SHALL ENFORCE GAME AND FISH LAWS; PROVIDING CONSERVATION OFFICERS WITH THE AUTHORITY TO ENFORCE PROVISIONS OF THE CRIMINAL CODE, THE MOTOR VEHICLE CODE AND THE BOAT ACT.

 

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

     SECTION 1. Section 17-2-19 NMSA 1978 (being Laws 1912, Chapter 85, Section 57, as amended) is amended to read:

     "17-2-19. ENFORCEMENT OF GAME LAWS--POWERS OF CONSERVATION OFFICERS.--

          A. The director of the department of game and fish, each conservation officer, each sheriff in [his] the sheriff's respective county, [and] each member of the New Mexico state police and each law enforcement officer employed by the state parks division of the energy, minerals and natural resources department shall enforce Chapter 17 NMSA 1978 and shall:

                (1) seize any game or fish held in violation of that chapter;

                (2) with or without warrant, arrest any person whom [he] the director, conservation officer, sheriff, state police officer or law enforcement officer knows to be guilty of a violation of that chapter; and

                (3) open, enter and examine all camps, wagons, cars, tents, packs, boxes, barrels and packages where [he has] there is reason to believe any game or fish taken or held in violation of that chapter is to be found, and seize it.

          B. Any warrant for the arrest of a person shall be issued upon sworn complaint, the same as in other criminal cases, and any search warrant shall issue upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched or the persons or things to be seized.

          C. Conservation officers may, under the direction of the state game commission and the director of the department of game and fish:

                (1) establish from time to time, as needed for the proper functioning of the department of game and fish, [research and management division] checking stations at points along established roads, or roadblocks, for the purpose of detecting and apprehending persons violating the game and fish laws and the regulations referred to in Section 17-2-10 NMSA 1978; and

                (2) [under emergency circumstances and] while on official duty, [only] enforce the provisions of the Criminal Code and the Motor Vehicle Code [and

                (3) while on official duty only, enforce the provisions of:

                     (a) Sections 30-14-1 and 30-14-1.1 NMSA 1978 pertaining to criminal trespass;

                     (b) Section 30-7-4 NMSA 1978 pertaining to negligent use of a deadly weapon;

                     (c) Section 30-15-1 NMSA 1978 pertaining to criminal damage to property;

                     (d) Section 30-22-1 NMSA 1978 pertaining to resisting, evading or obstructing an officer; and

                     (e) Section 72-1-8 NMSA 1978 pertaining to camping next to a manmade water hole]."

     SECTION 2. Section 66-12-22 NMSA 1978 (being Laws 1959, Chapter 338, Section 21, as amended) is amended to read:

     "66-12-22. ENFORCEMENT.--The director, park custodians and other employees of the division designated in writing by the director, every sheriff in [his] the sheriff's respective county, [and] every member of the New Mexico state police, [has] the director of the department of game and fish and every conservation officer employed by that department have full authority of [a] peace [officer] officers to enforce the provisions of the Boat Act and the regulations issued pursuant [thereto] to that act and, in [its] their exercise, may stop and board any vessel subject to the Boat Act."

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