SENATE BILL 252

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

INTRODUCED BY

Harold Pope and Angelica Rubio

 

 

 

 

 

AN ACT

RELATING TO LAW ENFORCEMENT; ENACTING THE LAW ENFORCEMENT OFFICER PROCEDURES ACT; REGULATING THE USE OF PHYSICAL FORCE BY LAW ENFORCEMENT OFFICERS; ESTABLISHING A DUTY FOR OFFICERS TO INTERVENE; PROHIBITING RETALIATORY ACTION BY A LAW ENFORCEMENT AGENCY AGAINST AN OFFICER WHO INTERVENES; REQUIRING A LAW ENFORCEMENT AGENCY TO PREVENT, STOP AND INVESTIGATE RETALIATORY ACTION; REQUIRING USE OF FORCE POLICIES AND TRAINING BY ALL LAW ENFORCEMENT AGENCIES; PRESCRIBING STANDARDS FOR SERVING SEARCH WARRANTS; REQUIRING THE DEVELOPMENT AND PUBLICATION OF USE OF FORCE INVESTIGATIONS; PROVIDING FOR THE INSPECTION OF LAW ENFORCEMENT MISCONDUCT INVESTIGATIONS; REQUIRING REPORTING OF OFFICER-INVOLVED INJURIES OR DEATHS; AMENDING THE CRIME OF JUSTIFIABLE HOMICIDE BY A PUBLIC OFFICER OR PUBLIC EMPLOYEE; PRESCRIBING PENALTIES.

 

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 13 of this act may be cited as the "Law Enforcement Officer Procedures Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Law Enforcement Officer Procedures Act:

          A. "chokehold" means the use of the lateral vascular neck restraint, carotid restraint, chokehold, neck hold or any other action that involves placing any part of an officer's body on or around a person's neck;

          B. "commissioned" means an employee of a law enforcement agency who is authorized by a sheriff or chief of police to apprehend, arrest and bring before the court all violators within the law enforcement agency's jurisdiction;

          C. "deadly physical force" means physical force that can be reasonably expected to cause death or great bodily harm;

          D. "deadly weapon" means a firearm, whether loaded or unloaded; any object manifestly designed, made or adapted for the purpose of inflicting death or great bodily harm; or any object that, in the manner of its use, is capable of causing death or great bodily harm. "Deadly weapon" includes any type of dagger, brass knuckles, knife, swordcane, slingshot, slung shot and bludgeon and any weapon with which dangerous wounds can be inflicted;

          E. "de-escalation tactics and techniques" means proactive actions and approaches used by a law enforcement officer to stabilize a law enforcement situation so that more time, options and resources are available to gain a person's voluntary compliance and to reduce or eliminate the need to use force, including verbal persuasion, warnings, slowing down the pace of an incident, waiting out a person, creating distance between the law enforcement officer and a threat and requesting additional resources to resolve the incident, including calling in medical or mental health professionals to address a potential medical or mental health crisis;

          F. "department" means the department of public safety;

          G. "firearm" means a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame or receiver of any such weapon;

          H. "great bodily harm" means injury to a person that:

                (1) results in serious disfigurement;

                (2) results in permanent loss or protracted impairment of a bodily function, member, limb or organ; or

                (3) creates a high probability of death;

          I. "imminent harm" means when a person creating a risk has the present ability, opportunity and apparent intent to immediately cause great bodily harm or death and that a reasonable person would believe must be instantly confronted and addressed;

          J. "law enforcement agency" means an agency of the state or political subdivision of the state that employs certified law enforcement officers and is authorized by law or a government agency to engage in or supervise the prevention, detection, investigation or enforcement of any violation of law or ordinance or the police department of a tribe that has entered into an agreement with the department pursuant to Section 29-1-11 NMSA 1978;

          K. "law enforcement officer" means a public official or public officer vested by law with a duty to maintain public order, to enforce the law, to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes, or to hold in custody a person accused of a criminal offense or members of the national guard of New Mexico when called to active duty by the governor;

          L. "necessary" means that all available alternatives have been exhausted and no available, effective alternative is known or should be known to a reasonable person in the circumstances, without regard to the subjective beliefs of a law enforcement officer;

          M. "officer-involved injury or death" means an event during which a law enforcement officer:

                (1) discharges a firearm, actually or proximately causing injury or death to another;

                (2) discharges a stun gun, actually or proximately causing injury or death to another;

                (3) uses a chokehold, discharges tear gas or other chemical weapon, discharges rubber pellets or bullets from a propulsion device or attacks a person using a dog, actually or proximately causing injury or death to a person; or

                (4) engages in a physical altercation with a member of the public who sustains great bodily harm or requests or receives medical care as a result;

          N. "prone position" means a body position in which the person lies face down;

          O. "proportional" means not excessive in relation to a direct and legitimate law enforcement objective, based on the totality of circumstances;

          P. "secretary" means the secretary of public safety;

          Q. "stun gun" means a portable device or weapon, regardless of whether it passes an electrical shock by means of a dart or projectile via a wire lead, from which an electrical current, impulse, wave or beam that is designed to incapacitate temporarily, injure or kill may be directed; and

          R. "totality of the circumstances" means the entire duration of an interaction between a law enforcement officer and a victim of force, from the first contact through the conclusion of the incident, including consideration of contextual factors, pursuant to Section 5 of the Law Enforcement Officer Procedures Act, that the law enforcement officer knew or should have known."

     SECTION 3. [NEW MATERIAL] RIGHT AGAINST USE OF FORCE--REVIEW--UNLAWFUL USE OF FORCE--PROPORTIONALITY.--

          A. A person has a right against an unlawful use of force.

          B. Each use of force shall be reviewed independently to determine if it was unlawful.

          C. A law enforcement officer's use of force is unlawful if:

                (1) there is no legitimate law enforcement objective;

                (2) the officer fails to reasonably exhaust de-escalation tactics and techniques or other feasible actions based on the totality of the circumstances;

                (3) the physical force is not proportional or necessary to:

                     (a) prevent an imminent threat to an identifiable person, where the amount of force used is proportional to the threat of imminent harm to the identifiable person;

                     (b) effect an arrest of a person whom the law enforcement officer has probable cause to believe has committed a criminal offense;

                     (c) effect a lawful detention;

                     (d) prevent the escape from custody of a person whom the law enforcement officer has probable cause to believe has committed an offense, unless the law enforcement officer knows that the custody is unauthorized; or

                     (e) carry out a search that the law enforcement officer reasonably believes is lawful when an individual actively resists arrest;

                (4) the law enforcement officer fails to modulate the use of physical force as the threat diminishes or cease the use of physical force as soon as possible after:

                     (a) the person upon whom the physical force is being used is under the officer's control or no longer poses a threat of physical injury to the officer or another person; or

                     (b) the use of physical force will no longer accomplish or is no longer reasonable and proportional to accomplish a legitimate law enforcement objective; or

                (5) the officer violates a provision of Section 4 of the Law Enforcement Officer Procedures Act; and

                (6) there is no justification for an otherwise unlawful use of force.

          D. To be proportional, force used by a law enforcement officer need not be of the same type or amount as the force used by the other person.

          E. To the extent an employment contract conflicts with the provisions of this section, the contract shall be amended at the earliest available opportunity to conform with this section.

     SECTION 4. [NEW MATERIAL] UNLAWFUL USE OF FORCE.--

          A. A law enforcement officer shall not:

                (1) use force without first identifying the officer's self as a law enforcement officer and providing a clear verbal warning of the officer's intent to use force with clear instructions on how to comply, unless doing so would place the officer at significant risk of injury;

                (2) threaten to use force in a circumstance in which the officer is not lawfully authorized to use force;

                (3) transport a person in a prone position or restrain a person in a prone position any longer than is necessary to properly secure the person. If a law enforcement officer restrains a person in a prone position, the officer shall immediately release the person from the prone position as soon as the person:

                     (a) is properly secured or under the officer's control; or

                     (b) no longer poses a threat of physical injury to the officer or another person;

                (4) discharge a firearm into or at a fleeing motor vehicle unless, after reasonably exhausting de-escalation tactics and techniques based on the totality of the circumstances, such discharge is necessary to prevent an imminent death or serious physical injury to an identifiable person and the discharge is proportional to the threat of imminent harm to an identifiable person. For purposes of this paragraph, use of the vehicle itself shall not be imminent harm;

                (5) intentionally position the officer's body or vehicle in front of a fleeing motor vehicle, unless the positioning is a tactic approved by the law enforcement agency that employs the officer;

                (6) use a stun gun or deploy a police dog to:

                     (a) assist in effecting an arrest of a person suspected only of a non-violent crime; or

                     (b) apprehend a person who does not pose a threat of imminent harm to the officer or a third person;

                (7) deploy a police dog at a protest, demonstration or other similar public gathering;

                (8) use a chokehold, unless a person's attack poses a threat of imminent harm to the officer or a third person; provided that an officer shall cease the use of a chokehold as soon as the person no longer poses a threat of imminent harm to the officer or third person;

                (9) discharge tear gas or other chemical weapons;

                (10) discharge rubber pellets from a propulsion device; or

                (11) direct a police dog to bite a person.

          B. A law enforcement officer shall not use deadly force:

                (1) upon another person unless deadly force is used as a last resort after the officer has reasonably exhausted de-escalation tactics and techniques and, based on the totality of the circumstances, the officer has probable cause to believe that the force is necessary to prevent imminent death or serious physical injury to an identifiable person and the amount of force used is proportional to the threat of imminent harm to an identifiable person;

                (2) if the use of deadly force presents a threat of serious physical injury to a third person;

                (3) against a person who poses a danger only to the person's self;

                (4) solely to protect property; or

                (5) if the officer is in the path of a fleeing motor vehicle and instead shall move to a position of safety rather than discharge a firearm at the vehicle or its occupants.

     SECTION 5. [NEW MATERIAL] TOTALITY OF CIRCUMSTANCES REVIEW.--A totality of the circumstances review shall include consideration of whether:

          A. the law enforcement officer's conduct during an interaction contributed to the risk of imminent harm to an identifiable person by the victim of force;

          B. there existed an opportunity for de-escalation tactics and techniques or other feasible alternative actions during an interaction;

          C. the law enforcement officer identified the officer's self as a law enforcement officer to the victim of force;

          D. an arrest could have been effected at a later time with a lower risk to the safety of the public or the victim of force;

          E. the law enforcement officer made reasonable accommodations in light of the victim of force's physical disability, mental illness, developmental or neurological condition or disability, drug interactions, linguistic limitations, then-existing mental, emotional or physical condition or other characteristics that may have interfered with the victim of force's ability to cooperate or comply with the law enforcement officer's instructions;

          F. the law enforcement officer called in a medical or mental health professional in response to a potential medical or mental health crisis;

          G. the law enforcement officer gave any warnings to the victim of force before using force or otherwise escalating;

          H. the law enforcement officer exacerbated the injury sustained by the victim of force by taking subsequent actions;

          I. there existed any disparities between the officer and victim of force in other relevant circumstantial factors of the interaction, including physical size, age, weapons, the number of officers compared to the number of victims or non-officers involved, injuries or special knowledge or skills that may have placed the officer at an advantage or disadvantage; and

          J. there was a threat of harm to the officer or another person and the nature and immediacy of the threat.

     SECTION 6. [NEW MATERIAL] UNLAWFUL USE OF FORCE--PRESCRIBING PENALTIES.--

          A. If a law enforcement officer is found to have used physical force in violation of the Law Enforcement Officer Procedures Act, the officer shall be immediately disciplined and, depending on the seriousness of the violation, may be decommissioned and terminated from the officer's position or have any officer certification revoked. Upon a finding by a court, the secretary or the head of the law enforcement agency employing the officer that a law enforcement officer used physical force, including deadly physical force, in violation of this section, which resulted in great bodily harm or death, or that the law enforcement officer violated Paragraphs (8) through (11) of Subsection A of Section 4 of the Law Enforcement Officer Procedures Act, the law enforcement officer shall be immediately decommissioned, have any officer certification revoked, be terminated from the officer's position and disqualified from future employment as a law enforcement officer in New Mexico.

          B. A law enforcement officer who uses force against a person in a manner inconsistent with the provisions of Section 3 or 4 of the Law Enforcement Officer Procedures Act that does not result in death may be charged with battery or aggravated battery pursuant to the provisions of Sections 30-3-4 and 30-3-5 NMSA 1978.

          C. A law enforcement officer who uses force against a person in a manner inconsistent with the provisions of Section 3 or 4 of the Law Enforcement Officer Procedures Act that results in death may be charged with manslaughter or murder pursuant to the provisions of Chapter 30, Article 2 NMSA 1978.

     SECTION 7. [NEW MATERIAL] DUTY TO INTERVENE.--

          A. A law enforcement officer present and observing another officer using physical force, including deadly physical force, that the law enforcement officer has probable cause to believe is unlawful based on the totality of the circumstances shall intercede to prevent the use of unlawful force, unless interceding would result in imminent harm to the officer or another identifiable individual.

          B. A law enforcement officer who observes another officer using physical force, including deadly physical force, that the law enforcement officer has probable cause to believe is unlawful based on the totality of the circumstances shall report the incident to the officer's direct supervisor as soon as reasonably possible but no later than the end of the officer's shift. The law enforcement officer shall prepare a detailed written statement describing the incident consistent with the uniform protocols set forth in Subsection A of Section 11 of the Law Enforcement Officer Procedures Act. The law enforcement officer's written statement shall be included in the supervisor's report.

          C. A person has a right to the intervention of law enforcement officers in the circumstances set forth in this section. A law enforcement officer who had a duty to intervene and failed to do so shall be disciplined and, depending on the seriousness of the violation, may be decertified, decommissioned or terminated from the officer's position. A law enforcement officer who had a duty to intervene and failed to do so may be held liable jointly and severally with any law enforcement officer who used unreasonable force for any injuries or death caused by such officer's unreasonable use of force.

     SECTION 8. [NEW MATERIAL] RETALIATORY ACTION PROHIBITED--PUBLIC EMPLOYER RESPONSIBLE FOR PREVENTING AND STOPPING.--

          A. A law enforcement agency and its agents shall not take, encourage or provoke direct or indirect retaliatory action against a law enforcement officer because the officer pursuant to the Law Enforcement Officer Procedures Act:

                (1) intervenes or reports pursuant to Section 7 of the Law Enforcement Officer Procedures Act;

                (2) communicates to the law enforcement agency or a third party information about an action or a failure to act that the law enforcement officer believes in good faith constitutes an unlawful or improper act;

                (3) provides information to, or testifies before, a public body as part of an investigation, hearing or inquiry into an unlawful or improper act; or

                (4) objects to or refuses to participate in an activity, policy or practice that constitutes an unlawful or improper act.

          B. A law enforcement agency is responsible for preventing, stopping and investigating retaliatory action. If a law enforcement agency knows or reasonably should know of a retaliatory action taken against a law enforcement officer, the agency shall immediately intervene.

          C. The department shall promulgate rules to implement the provisions of this section and establish procedures for reporting and investigating alleged retaliation.

     SECTION 9. [NEW MATERIAL] REQUIRING USE OF FORCE POLICIES--PUBLISHING POLICIES--FAILURE TO COMPLY.--

          A. Every law enforcement agency shall adopt a policy regarding the use of force by its law enforcement officers and the agency shall incorporate the policy into the training of every law enforcement officer. The law enforcement certification board shall develop a model use of force policy, publish the model policy to its website and transmit a copy to all law enforcement agencies in the state.

          B. The use of force policy required pursuant to Subsection A of this section shall address the following:

                (1) required procedures for de-escalation tactics and techniques before using or increasing the use of force;

                (2) procedures to determine the appropriate level of force to be used in particular situations, with examples;

                (3) a ban on the discharge of tear gas or other chemical weapons, the discharge of rubber pellets from a propulsion device and attacking a person using a police dog and the ban on the use of a chokehold, except when a person's attack poses a threat of imminent harm to the officer or a third person; provided that an officer shall cease the use of a chokehold as soon as the person no longer poses a threat of imminent harm to the officer or third person;

                (4) required procedures for issuing warnings prior to discharging a firearm, discharging a stun gun or using physical force;

                (5) clear limits on the use of force pursuant to Section 3 of the Law Enforcement Officer Procedures Act, ensuring that less than deadly physical force is used only to the extent that it is proportional and the least amount of force necessary to achieve its lawful objective and that deadly physical force is only used as a last resort when necessary to defend against imminent threats to human life;

                (6) the duty of officers to intervene pursuant to Section 7 of the Law Enforcement Officer Procedures Act; and

                (7) comprehensive reporting protocols pursuant to Subsection A of Section 11 of the Law Enforcement Officer Procedures Act.

          C. Not later than ninety days after the effective date of the Law Enforcement Officer Procedures Act, the head of each law enforcement agency shall publish the use of force policy required by Subsection A of this section in a location that is accessible to the public and in a conspicuous place on the agency's website, if any.

          D. A law enforcement agency that fails to comply with the provisions of this section shall be ineligible to apply for grants administered by any state agency. The department shall afford the law enforcement agency an opportunity to contest a finding that the agency did not comply with the provisions of this section.

     SECTION 10. [NEW MATERIAL] USE OF FORCE INVESTIGATIONS--FAILURE TO COMPLY.--

          A. All law enforcement agencies shall develop and publicly disclose a policy for investigating alleged use of force violations.

          B. A law enforcement agency that fails to comply with the provisions of this section shall be ineligible to apply for grants administered by any state agency. The department shall afford the law enforcement agency an opportunity to contest a finding that the agency did not comply with the provisions of this section.

     SECTION 11. [NEW MATERIAL] REPORTING OFFICER-INVOLVED INJURIES OR DEATHS--FAILURE TO COMPLY.--

          A. The department shall create a uniform protocol for a law enforcement agency to report officer-involved injuries or deaths. The uniform protocol shall require a report of the following information regarding each incident:

                (1) the reporting law enforcement agency;

                (2) the date of the incident;

                (3) the location of the incident;

                (4) the name, age, sex, race and ethnicity of each law enforcement officer involved;

                (5) whether each law enforcement officer involved was on duty or in uniform during the incident;

                (6) the name of each witness;

                (7) the name, age, sex, race and ethnicity of each injured or deceased person involved, if known; and, if unknown, a description of the inquiry undertaken to ascertain that information; 

                (8) whether each injured person received emergency medical care, was hospitalized or died as a result of the incident;

                (9) a description of the injuries sustained by each injured person;

                (10) a description of any efforts to render medical aid to each injured person;

                (11) whether and in what manner each injured or deceased person used, exhibited or possessed a deadly weapon during the incident;

                (12) whether each injured or deceased person

exhibited signs or symptoms of mental illness or impairment at the time of the incident;

                (13) whether a law enforcement officer involved attempted to call medical or mental health professionals to the scene during the incident;

                (14) the reason for the use of force by law enforcement officers;

                (15) whether the reporting law enforcement agency determined the use of force was justified;

                (16) a description of the physical force used by each law enforcement officer during the incident;

                (17) a description of the de-escalation tactics and techniques used by each law enforcement officer involved during the incident;

                (18) for each law enforcement officer present, a description of all attempts to intervene to prevent the use of unreasonable physical force during the incident; and

                (19) whether the incident occurred during or as a result of:

                     (a) an emergency call or request for assistance and a description of the facts and circumstances;

                     (b) the execution of a warrant or other enforcement action; or

                     (c) a hostage-taking, a barricade or other emergency situation.

          B. Not later than forty-five days after an officer-involved injury or death, the law enforcement agency that employs the law enforcement officer involved in the incident shall complete and submit to the secretary a report using the uniform protocol. If the law enforcement agency maintains a website, the agency shall post the report online upon submission to the secretary. Not later than five days after receiving a report, the secretary shall post the report on the department's website. If no officer-involved injuries or deaths have occurred during a quarterly period, the law enforcement agency shall submit a no incident report to the secretary in a manner prescribed by the secretary. The quarterly periods for no incident reports pursuant to this subsection shall be:

                (1) January 1 to March 31;

                (2) April 1 to June 30;

                (3) July 1 to September 30; and

                (4) October 1 to December 31.

          C. A law enforcement agency that fails to comply with Subsection B of this section shall be ineligible to apply for grants administered by any state agency. The department shall afford the law enforcement agency an opportunity to contest a finding that the agency did not comply with Subsection B of this section.

          D. The department shall prepare an annual report regarding all officer-involved injuries or deaths that occurred during the preceding fiscal year. The report shall include:

                (1) the total number of officer-involved

injuries or deaths;

                (2) the number of officer-involved injuries or deaths reported by each law enforcement agency;

                (3) the entirety of data reported using the

uniform protocol; and

                (4) any operational, policy, regulatory or legislative recommendations to reduce the number and seriousness of officer-involved injuries or deaths.

          E. On or before September 30 of each year, the secretary shall submit the report to the governor, the speaker of the house of representatives, the president pro tempore of the senate and the appropriate legislative interim committee dealing with courts, corrections and justice. On or before September 30 of each year, the secretary shall post the report on the department's website.

     SECTION 12. [NEW MATERIAL] USE OF FORCE DATABASE.--

          A. By no later than June 30, 2024, the department shall create a database to coordinate the sharing of information among state, local and federal law enforcement agencies concerning uses of force related to law enforcement matters. Ownership and responsibility to maintain the database shall transfer to the law enforcement certification board on July 1, 2024.

          B. The database provided for in Subsection A of this section shall include a mechanism to track terminations, resignations, decertifications, criminal convictions of and civil judgments against law enforcement officers for improper use of force; provided that the database shall distinguish between instances in which a judicial, administrative or other factual or legal determination was made and those in which no judicial, administrative or other factual or legal determination was made.

          C. Each law enforcement agency shall notify the department regarding any notice of terminations, resignations, decertifications, criminal convictions of and civil judgments against law enforcement officers for improper use of force. Each law enforcement agency shall notify the department regarding each written agreement made between the agency and any of the agency's employees or former employees that includes terms of separation or otherwise relates to the law enforcement officer's employment with the agency. After July 1, 2024, notice shall be made to the law enforcement certification board.

          D. Upon a particularized showing of the need for the requested data, the law enforcement certification board shall make available to a law enforcement agency data regarding specific law enforcement officers whose identities have been entered into the database described in Subsection A of this section.

          E. The law enforcement certification board shall annually provide a report to the governor and the legislature regarding the status of law enforcement officers and former law enforcement officers in the state, including aggregated and anonymized data from the database described in Subsection A of this section.

          F. A law enforcement agency that fails to comply with Subsection C of this section shall be ineligible to apply for grants administered by any state agency. The department shall afford the law enforcement agency an opportunity to contest a finding that the agency did not comply with Subsection C of this section.

     SECTION 13. [NEW MATERIAL] SEARCH WARRANTS--REQUIRING KNOCK AND ANNOUNCE--SHOWING SEARCH WARRANT--PROVIDING A PENALTY.--

          A. A law enforcement officer executing a search warrant shall knock and announce the officer's presence and purpose before forcibly entering a residence. A law enforcement officer shall not dispense with the requirement of this subsection in any circumstances. A law enforcement officer shall not seek, execute or participate in the execution of a search warrant in which the executing law enforcement officers do not knock and announce their presence and purpose.

          B. When executing a search warrant, a law enforcement officer shall be recognizable and identifiable as a uniformed law enforcement officer, with the officer's name and identification number visible. The law enforcement officer shall provide audible notice of the officer's authority and purpose in a manner reasonably expected to be heard by occupants of the place to be searched prior to the execution of the search warrant.

          C. After entering and securing the place to be searched, and prior to undertaking a search or seizure pursuant to the search warrant, the executing law enforcement officer shall read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to an occupant of the place to be searched. If the place to be searched is unoccupied, the executing law enforcement officer shall leave a copy of the search warrant suitably affixed to the place to be searched.

          D. A law enforcement officer charged with the execution of a search warrant shall be accompanied only by the persons reasonably necessary for the successful execution of the search warrant with all practicable safety.

          E. A law enforcement officer entering a premises pursuant to a search warrant shall not be armed with specialized, military-style equipment, including assault rifles, submachine guns, shotguns, flash bang stun grenades or other stun agents, except when expressly authorized by the search warrant upon a showing of particularized suspicion that an occupant of the target premises is in actual possession of a deadly weapon and the use of specialized weaponry by law enforcement officers is likely to be necessary.

          F. Before entering the premises of a property to be searched, a law enforcement officer shall:

                (1) physically knock on an entry door to the premises in a manner and duration that can be heard by the occupants and, when available, sound a bell or other device affixed to the outside of a building that can be rung by visitors to signal a visitor's arrival;

                (2) clearly and verbally announce the officer's self as a law enforcement officer having a search warrant in a manner that can be heard by the occupants;

                (3) clearly and verbally announce that the occupants must open the door pursuant to the search warrant and that force may be used if the occupants fail to respond; and

                (4) wait a minimum of sixty seconds for occupants to respond before entering the premises by force.

          G. Evidence seized or obtained shall be inadmissible if subsequent judicial review determines that a law enforcement officer did not comply with Subsections A through F of this section.

     SECTION 14. Section 14-2-1 NMSA 1978 (being Laws 1947, Chapter 130, Section 1, as amended) is amended to read:

     "14-2-1. RIGHT TO INSPECT PUBLIC RECORDS--EXCEPTIONS.-- Every person has a right to inspect public records of this state except:

          A. records pertaining to physical or mental examinations and medical treatment of persons confined to an institution;

          B. letters of reference concerning employment, licensing or permits;

          C. letters or memoranda that are matters of opinion in personnel files or students' cumulative files; provided that records describing the disposition of law enforcement misconduct investigations shall not be exempt from inspection;

          D. portions of law enforcement records that reveal:

                (1) confidential sources, methods or information; or

                (2) before charges are filed, names, address, contact information or protected personal identifier information [as defined in this act] of individuals who are:

                     (a) accused but not charged with a crime; or

                     (b) victims of or non-law-enforcement witnesses to an alleged crime of: 1) assault with intent to commit a violent felony pursuant to Section 30-3-3 NMSA 1978 when the violent felony is criminal sexual penetration; 2) assault against a household member with intent to commit a violent felony pursuant to Section 30-3-14 NMSA 1978 when the violent felony is criminal sexual penetration; 3) stalking pursuant to Section 30-3A-3 NMSA 1978; 4) aggravated stalking pursuant to Section 30-3A-3.1 NMSA 1978; 5) criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978; or 6) criminal sexual contact pursuant to Section 30-9-12 NMSA 1978.

     Law enforcement records include evidence in any form received or compiled in connection with a criminal investigation or prosecution by a law enforcement or prosecuting agency, including inactive matters or closed investigations to the extent that they contain the information listed in this subsection; provided that the presence of such information on a law enforcement record does not exempt the record from inspection;

          E. as provided by the Confidential Materials Act;

          F. trade secrets, attorney-client privileged information and long-range or strategic business plans of public hospitals discussed in a properly closed meeting;

          G. tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack; and

          H. as otherwise provided by law."

     SECTION 15. Section 29-7-4.4 NMSA 1978 (being Laws 2022, Chapter 56, Section 6) is amended to read:

     "29-7-4.4. LAW ENFORCEMENT OFFICER TRAINING.--The curriculum of each basic law enforcement training class and in-service training each year for certified police officers shall include:

          A. crisis management and intervention;

          B. dealing with individuals who are experiencing mental health issues;

          C. methods of de-escalation;

          D. peer-to-peer intervention;

          E. stress management;

          F. racial sensitivity;

          G. reality-based situational training; and

          H. use of force training consistent with the Law Enforcement Officer Procedures Act that includes the elimination of vascular neck restraints."

     SECTION 16. Section 30-2-6 NMSA 1978 (being Laws 1963, Chapter 303, Section 2-7, as amended) is amended to read:

     "30-2-6. JUSTIFIABLE HOMICIDE BY PUBLIC OFFICER OR PUBLIC EMPLOYEE.--

          A. Homicide is justifiable when committed by a public officer or public employee or those acting by their command and in their aid and assistance:

                (1) in obedience to any judgment of a competent court;

                (2) when necessarily committed in overcoming actual resistance to the execution of some legal process or to the discharge of any other legal duty;

                (3) when necessarily committed in retaking felons who have been rescued or who have escaped or when necessarily committed in arresting felons fleeing from justice; or

                (4) when necessarily committed in order to prevent the escape of a felon from any place of lawful custody or confinement.

          B. [For the purposes of this section, homicide is "necessarily committed" when a public officer or public employee has probable cause to believe he or another is threatened with serious harm or deadly force while performing those lawful duties described in this section. Whenever feasible, a public officer or employee should give warning prior to using deadly force] Homicide is "necessarily committed" only if a public officer or public employee's use of force was lawful according to Section 3 of the Law Enforcement Officer Procedures Act."

     SECTION 17. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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