SENATE BILL 66

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Katy M. Duhigg and Heather Berghmans

 

 

 

 

 

AN ACT

RELATING TO EMPLOYMENT; PROVIDING THAT THE CRIMINAL OFFENDER EMPLOYMENT ACT DOES NOT APPLY TO CERTAIN AGENCIES; REQUIRING EXEMPT AGENCIES TO PROMULGATE RULES RELATED TO CRIMINAL HISTORY SCREENING; DECLARING AN EMERGENCY.

 

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

     SECTION 1. Section 28-2-5 NMSA 1978 (being Laws 1974, Chapter 78, Section 5) is amended to read:

     "28-2-5. NONAPPLICABILITY TO [LAW ENFORCEMENT] AGENCIES.--

          A. The Criminal Offender Employment Act is not applicable to:

                (1) any law enforcement agency [however];

                (2) the early childhood education and care department for consideration of an applicant for licensure, registration or employment at a child care facility;

                (3) an agency for consideration of an applicant for employment as a caregiver or hospital caregiver subject to the Caregivers Criminal History Screening Act;

                (4) the children, youth and families department; and

                (5) the public education department for consideration of an applicant for licensure under the School Personnel Act.

          B. Nothing [herein] in the Criminal Offender Employment Act shall be construed to preclude [a law enforcement] an exempt agency in its discretion from adopting the policy set forth [herein] in that act.

          C. An agency exempted pursuant to Subsection A of this section shall promulgate rules related to criminal history screening for the purpose of determining eligibility."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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