45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO PUBLIC SAFETY; PROVIDING FOR THE CREATION AND OPERATION OF CITIZEN POLICE REVIEW BOARDS.

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

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

"[NEW MATERIAL] INDEPENDENT CITIZEN POLICE REVIEW BOARDS--CREATION--SCOPE AND AUTHORITY.--

A. A municipality governed pursuant to a charter adopted under the provisions of Article 10, Section 6 of the constitution of New Mexico, by law of the territorial legislature of New Mexico or under the provisions of the Municipal Charter Act may establish a citizen police review board by ordinance. A board shall be independent of the law enforcement agency of a municipality. The duties of a board may include:

(1) receipt and review of citizen complaints filed against peace officers;

(2) recommending appropriate disciplinary action to the law enforcement agency or the district attorney's office against offending peace officers, including the imposition of progressive disciplinary action for peace officers who are repeat offenders;

(3) recommending to the governing body of a municipality the appointment of independent investigators or prosecutors; and

(4) recommending establishment of or changes in policy to the law enforcement agency and the governing body of a municipality.

B. Information gathered by a citizen police review board related to the prosecution of a peace officer shall be confidential and shall be subject to other confidentiality provisions in law.

C. Citizen police review boards shall be subject to the provisions of the Public Records Act.

D. Citizen police review board members shall reside in the municipality where the board is located.

E. No person currently employed with a law enforcement or security agency or holding a membership in a police association or any other formal law enforcement organization, whether public or private, shall serve on a citizen police review board.

F. As used in this section, "peace officer" means an employee who is a law enforcement officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes."

Section 2. [NEW MATERIAL] INDEPENDENT CITIZEN SHERIFF REVIEW BOARDS--CREATION--SCOPE AND AUTHORITY.--

A. A county may establish a citizen sheriff review board by ordinance. A board shall be independent of the sheriff's office of a county. The duties of a board may include:

(1) receipt and review of citizen complaints filed against peace officers;

(2) recommending appropriate disciplinary action to the sheriff's office or the district attorney's office against offending peace officers, including the imposition of progressive disciplinary action for peace officers who are repeat offenders;

(3) recommending the appointment of independent investigators or prosecutors; and

(4) recommending establishment of or changes in policy to the sheriff's office and the governing body of a county.

B. Any information gathered by a citizen sheriff review board related to the prosecution of a peace officer shall be confidential and shall be subject to other confidentiality provisions in law.

C. Citizen sheriff review boards shall be subject to the provisions of the Public Records Act.

D. Citizen sheriff review board members shall reside in the county where the board is located.

E. No person currently employed with a law enforcement or security agency or holding a membership in a police association or any other formal law enforcement organization, whether public or private, shall serve on a citizen sheriff review board.

F. As used in this section, "peace officer" means a law enforcement officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.