HOUSE BILL 203

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Alan T. Martinez

 

 

 

 

 

AN ACT

RELATING TO CIVIL RIGHTS; AMENDING THE NEW MEXICO CIVIL RIGHTS ACT; REINSTATING THE DEFENSE OF QUALIFIED IMMUNITY; REPEALING SECTION 41-4A-4 NMSA 1978 (BEING LAWS 2021, CHAPTER 119, SECTION 4).

 

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

     SECTION 1. Section 41-4A-10 NMSA 1978 (being Laws 2021, Chapter 119, Section 10) is amended to read:

     "41-4A-10. COMMON LAW JUDICIAL, LEGISLATIVE OR OTHER ESTABLISHED IMMUNITY.--The [prohibition on the use of the defense of qualified immunity pursuant to Section 4 of the New Mexico Civil Rights Act and the] waiver of sovereign immunity pursuant to Section [9 of that act] 41-4A-9 NMSA 1978 shall not abrogate judicial immunity, legislative immunity or any other constitutional, statutory or common law immunity."

     SECTION 2. Section 41-4A-13 NMSA 1978 (being Laws 2021, Chapter 119, Section 13) is amended to read:

     "41-4A-13. NOTICE OF CLAIMS.--

          A. Every person who claims damages from an act or omission of a certified law enforcement officer under the New Mexico Civil Rights Act shall cause to be presented to the certified law enforcement officer's agency or department, within one year after an occurrence giving rise to a claim under the New Mexico Civil Rights Act, a written notice stating the time, place and circumstances of the loss or injury.

          B. No suit or action for which sovereign immunity has been waived under the New Mexico Civil Rights Act shall be maintained, and no court shall have jurisdiction to consider any suit or action against the state or any local public body, unless notice has been given as required by this section or unless the governmental entity had actual notice of the occurrence. The time for giving notice does not include the time, not exceeding one year, during which the injured person is incapacitated from giving the notice by reason of injury.

          C. When a claim for which sovereign immunity has been waived under the New Mexico Civil Rights Act is one for wrongful death, the required notice may be presented by, or on behalf of, the personal representative of the deceased person or any person claiming benefits of the proceeds of a wrongful death action, or the consular officer of a foreign country of which the deceased was a citizen, within one year and six months after the date of the occurrence of the injury that resulted in the death, but if the person for whose death the claim is made has presented a notice that would have been sufficient had the person lived, an action for wrongful death may be brought without any additional notice."

     SECTION 3. REPEAL.--Section 41-4A-4 NMSA 1978 (being Laws 2021, Chapter 119, Section 4) is repealed.

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