SENATE BILL 84

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Richard C. Martinez

AN ACT

RELATING TO LAW ENFORCEMENT TRAINING; REQUIRING INDEPENDENT ATTORNEY HEARING OFFICERS AND PROSECUTORS FOR NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD ADJUDICATORY HEARINGS.

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

     SECTION 1. 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 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 refusal, 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. The administrative procedures shall further provide that a hearing officer, if appointed, and a representative of the director, who prosecutes a proposed action to deny, suspend or revoke a certification, shall be attorneys at law who are independent of, and not advised in any capacity by, the office of attorney general or any member of the board."

     SECTION 2. Section 29-7C-9 NMSA 1978 (being Laws 2003, Chapter 320, Section 11) is amended to read:

     "29-7C-9. REFUSAL, SUSPENSION OR REVOCATION OF CERTIFICATION.--

          A. The board shall refuse to issue or shall suspend or revoke a telecommunicator's certification, after consultation with [his] the telecommunicator's employing safety agency, if the board determines that a person has:

                (1) failed to satisfy the qualifications for certification set forth in Section [29-7A-3] 29-7C-3 NMSA 1978;

                (2) committed acts that constitute dishonesty or fraud;

                (3) been convicted of, pled guilty to or entered a plea of nolo contendere to a:

                     (a) felony charge; or

                     (b) violation of a federal or state law, a local ordinance relating to aggravated assault or theft or a law involving moral turpitude; or

                (4) knowingly made a false statement on [his] the application.

          B. The board shall develop, adopt and promulgate administrative procedures for refusal, suspension or revocation of a telecommunicator's certification that include:

                (1) notice and opportunity for the affected telecommunicator to be heard; [and]

                (2) procedures for review of the board's decision; and

                (3) a requirement that a hearing officer, if appointed, and a representative of the director, who prosecutes a proposed action to deny, suspend or revoke a certification, shall be attorneys at law who are independent of, and not advised in any capacity by, the office of the attorney general or any member of the board."

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