HOUSE BILL 381

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Sheryl Williams Stapleton

AN ACT

RELATING TO LAW ENFORCEMENT; REQUIRING THE NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD TO KEEP RECORDS OF DISCIPLINARY ACTIONS AGAINST LAW ENFORCEMENT OFFICERS; REQUIRING A LAW ENFORCEMENT AGENCY HIRING A PERSON WHO PREVIOUSLY WORKED FOR AN OUT-OF-STATE LAW ENFORCEMENT AGENCY TO REVIEW THE PERSONNEL FILE AND DISCIPLINARY RECORD OF THE POLICE OFFICER THAT IS MAINTAINED BY THE NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD.

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

     SECTION 1. A new section of the Law Enforcement Training Act is enacted to read:

     "[NEW MATERIAL] RECORDS OF DISCIPLINARY ACTIONS-- REQUIREMENT TO REVIEW.--

          A. All law enforcement agencies in the state shall submit copies of any disciplinary action or caution against a law enforcement officer employed by the agency to the board.

          B. When a law enforcement agency seeks to hire as a police officer a person who was previously employed by a different law enforcement agency, the hiring agency must request a copy of all disciplinary records held by the board for that officer.

          C. The records provided by the board and any related information shall be privileged and shall not be disclosed to a person not directly involved in the employment decision affecting the police officer.

          D. The board shall develop regulations to administer the reporting of disciplinary actions or cautions to the board and the transmittal of records to a requesting law enforcement agency. The board may develop a standard form to be used by law enforcement agencies to report disciplinary actions or cautions against police officers.

          E. Neither the board nor a law enforcement agency shall be held liable for civil damages as a result of reporting or requesting the contents of a police officer's disciplinary record."

     SECTION 2. Section 29-7-4 NMSA 1978 (being Laws 1969, Chapter 264, Section 6, as amended) is amended to read:

     "29-7-4. POWERS AND DUTIES OF BOARD.--The board shall:

          A. approve or disapprove the appointment of the director by the secretary;

          B. develop and implement a planned program of:                  (1) basic law enforcement training and in-service law enforcement training, a portion of which may be conducted on a regional basis; and

                (2) basic telecommunicator training and in-service telecommunicator training, as provided in the Public Safety Telecommunicator Training Act, a portion of which may be conducted on a regional basis;

          C. prescribe qualifications for instructors and prescribe courses of instruction for:

                (1) basic law enforcement training and in-service law enforcement training; and

                (2) basic telecommunicator training and in-service telecommunicator training, as provided in the Public Safety Telecommunicator Training Act;

          D. report annually to the governor;

          E. in its discretion, accept donations, contributions, grants or gifts from whatever source for the benefit of the academy, which donations, contributions, grants or gifts are appropriated for the use of the academy;

          F. adopt, publish and file, in accordance with the provisions of the State Rules Act, all regulations and rules concerning the operation of the academy and the implementation and enforcement of the provisions of the Law Enforcement Training Act and the Public Safety Telecommunicator Training Act;

          G. compile a database or another readily accessible retrieval system for the personnel files and disciplinary records of out-of-state applicants for police officer positions in New Mexico;

          [G.] H. issue, grant, deny, renew, suspend or revoke a:

                 (1) peace officer's certification for any cause set forth in the provisions of the Law Enforcement Training Act; and

                (2) telecommunicator's certification for any just cause set forth in the Public Safety Telecommunicator Training Act;

          [H.] I. administer oaths, subpoena persons and take testimony on any matter within the board's jurisdiction; and

          [I.] J. perform all other acts appropriate to the development and operation of the academy."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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