HOUSE BILL 17

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Nathan P. Cote and Mary Jane M. Garcia

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO LAW ENFORCEMENT; PROHIBITING DOMESTIC VIOLENCE OFFENDERS FROM BECOMING LAW ENFORCEMENT OFFICERS WITHIN THREE YEARS OF A VIOLATION; PROVIDING THAT A LAW ENFORCEMENT OFFICER MAY LOSE CERTIFICATION FOR COMMITTING A DOMESTIC VIOLENCE OFFENSE.

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

     Section 1. Section 29-7-6 NMSA 1978 (being Laws 1993, Chapter 255, Section 6) is amended to read:

     "29-7-6. QUALIFICATIONS FOR CERTIFICATION.--

          A. An applicant for certification shall provide evidence satisfactory to the board that [he] the applicant:

                (1) is a citizen of the United States and has reached the age of majority;

                (2) holds a high school diploma or the equivalent;

                (3) holds a valid driver's license;

                (4) has not been convicted of or pled guilty to or entered a plea of nolo contendere to any felony charge or, within the three-year period immediately preceding [his] the application, to any violation of any federal or state law or local ordinance relating to aggravated assault, theft, driving while intoxicated, controlled substances, domestic violence or other crime involving moral turpitude and has not been released or discharged under dishonorable conditions from any of the armed forces of the United States;

                (5) after examination by a licensed physician, is free of any physical condition that might adversely affect [his] the applicant's performance as a police officer or prohibit [him] the applicant from successfully completing a prescribed basic law enforcement training required by the Law Enforcement Training Act;

                (6) after examination by a certified psychologist, is free of any emotional or mental condition that might adversely affect [his] performance as a police officer or prohibit [him] the applicant from successfully completing a prescribed basic law enforcement training required by the Law Enforcement Training Act;

                (7) is of good moral character;

                (8) has met any other requirements for certification prescribed by the board pursuant to regulations adopted by the board; and

                (9) has previously been awarded a certificate of completion by the director attesting to the applicant's completion of an approved law enforcement training program.

          B. A person employed as a police officer by any law enforcement agency in this state shall forfeit [his] the person's position unless, no later than twelve months after beginning [his] employment as a police officer, the person satisfies the qualifications for certification set forth in Subsection A of this section and is awarded a certificate attesting to that fact.

          C. As used in this section, "domestic violence" means a violation of the Crimes Against Household Members Act or Section 30-3A-3 or 30-3A-3.1 NMSA 1978, or their equivalents in any other jurisdiction."

     Section 2. Section 29-7-13 NMSA 1978 (being Laws 1993, Chapter 255, Section 10) is amended to read:

     "29-7-13. REFUSAL, SUSPENSION OR REVOCATION OF CERTIFICATION.--

          A. After consultation with the employing agency, the board may refuse to issue or may suspend or revoke a police officer's certification when the board determines that a person has:

                (1) failed to satisfy the qualifications for certification, set forth in Section 29-7-6 NMSA 1978;

                (2) committed acts that constitute dishonesty or fraud;

                (3) been convicted of, pled guilty to or entered a plea of no contest to:

                     (a) any felony charge; or

                     (b) any violation of federal or state law or a local ordinance relating to aggravated assault, theft, driving while under the influence of intoxicating liquor or drugs, controlled substances, domestic violence or any law or ordinance involving moral turpitude; or

                (4) knowingly made any false statement in [his] the application for certification.

          B. The board shall develop, adopt and promulgate administrative procedures for suspension or revocation of a police officer's certification that include notice and an opportunity for the affected police officer to be heard, as well as procedures for review of the board's decision.

          C. As used in this section, "domestic violence" means a violation of the Crimes Against Household Members Act or Section 30-3A-3 or 30-3A-3.1 NMSA 1978, or their equivalents in any other jurisdiction."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.

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