44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO CRIMINAL LAW; PROVIDING A PEACE OFFICER WITH AUTHORITY TO MAKE AN ARREST WITHOUT A WARRANT FOR AN ALLEGED MISDEMEANOR OFFENSE COMMITTED ON SCHOOL PREMISES; ENACTING A NEW SECTION OF THE CRIMINAL CODE.

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

Section 1. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] ALLEGED MISDEMEANOR OFFENSES COMMITTED ON SCHOOL PREMISES--AUTHORITY TO ARREST WITHOUT A WARRANT--LIABILITY.--

A. A peace officer may arrest without a warrant and take into custody a person who the peace officer has probable cause to believe has committed a misdemeanor offense on school premises.

B. A peace officer shall not be held criminally or civilly liable for making an arrest pursuant to the provisions of this section; provided that the officer acts in good faith when he makes the arrest.

C. As used in this section, "school premises" means:

(1) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any public elementary, secondary, junior high or high school in or on which school or school-related activities are being operated under the supervision of a local school board; or

(2) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and sanctioned activities are being performed."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.