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SENATE MEMORIAL 58

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Gerald P. Ortiz y Pino

A MEMORIAL

IN HONOR OF CIVIL RIGHTS AND DR. MARTIN LUTHER KING, JR., CESAR

CHAVEZ, REYES LOPEZ TIJERINA AND RUDOLFO "CORKY" GONZALES.

WHEREAS, the state of New Mexico expresses complete

support of the law enforcement professions and the officers

involved in law enforcement professions; and

WHEREAS, the state of New Mexico upholds human and civil

rights inherent in its statutes, rules and policies; and

WHEREAS, violators of human and civil rights must be held

accountable; and

WHEREAS, the number of citizen complaints of excessive use

of force among law enforcement and security officers is not

generally known to the public and elected officials due to the

unofficial code of silence pervasive in law enforcement and law

enforcement agencies; and

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WHEREAS, governmental entities that are not home-rule

municipalities lack enabling legislation to establish

independent law enforcement oversight with appropriate

authority to determine violations on the part of law

enforcement officers, including police chiefs, sheriffs, upper

levels of law enforcement agencies and private security guards,

whether or not contracted by governmental entities; and

WHEREAS, most unjustified use of force cases that are the

equivalent of battery are not reported to the district attorney

for criminal prosecution, and there is a reluctance by district

attorney offices to prosecute law enforcement officers for the

unjustified use of force resulting in criminal assault and

battery and aggravated battery; and

WHEREAS, there are few or minimal penalties in

municipalities and counties for law enforcement and security

officers who use excessive force; and

WHEREAS, the standard disciplinary measure applied to law

enforcement officers found to have used excessive force

resulting in injury or serious injury is usually a verbal or

written reprimand and does not match the seriousness of the

offense; and

WHEREAS, a verbal or written reprimand as a penalty

against a law enforcement officer who is found to have used

excessive force resulting in injury or serious injury is an

inadequate response to such unprofessional behavior by the

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officer; and

WHEREAS, the number of law enforcement and security

officers being disciplined is not a sufficient standard to

determine the actual number of instances of excessive use of

force by law enforcement and security officers; and

WHEREAS, the city of Albuquerque and the Albuquerque

police officers association have agreed to a contract that

prohibits the discipline of law enforcement officers when found

liable in a court of law of excessive use of force;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE

OF NEW MEXICO that it support the creation of human and civil

rights standards; and

BE IT FURTHER RESOLVED that human and civil rights are

essential for a nonbarbaric society; and

BE IT FURTHER RESOLVED that the New Mexico legislative

council be requested to establish an interim human and civil

rights task force composed of state senators and

representatives who support human and civil rights and human

and civil rights advocates; and

BE IT FURTHER RESOLVED that the task force be directed to

examine, individually and separately, each and every concern

set forth in this memorial and make recommendations to the

appropriate interim legislative committee for the enactment of

laws to protect human and civil rights; and

BE IT FURTHER RESOLVED that copies of this memorial be

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transmitted to the president pro tempore of the senate, the

speaker of the house of representatives, the members of the New

Mexico legislative council and the governor.

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