HB0473

HOUSE BILL 473

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

INTRODUCED BY

Cathrynn N. Brown

AN ACT

RELATING TO SCHOOL SECURITY PERSONNEL; PROVIDING FOR ASSISTANT SCHOOL SECURITY PERSONNEL WHO ARE REGISTERED LEVEL ONE OR LEVEL TWO SECURITY GUARDS PURSUANT TO THE PRIVATE INVESTIGATIONS ACT AND ESTABLISHING QUALIFICATIONS; PROVIDING THAT RETIRED OR FORMER COMMISSIONED PEACE OFFICERS OR REGISTERED LEVEL THREE SECURITY GUARDS PURSUANT TO THE PRIVATE INVESTIGATIONS ACT MAY BE SCHOOL SECURITY PERSONNEL; AMENDING THE PRIVATE INVESTIGATIONS ACT TO PROVIDE THAT APPLICANTS FOR REGISTRATION AS A LEVEL ONE, LEVEL TWO OR LEVEL THREE SECURITY GUARD MAY BE EMPLOYED BY A SCHOOL DISTRICT OR CHARTER SCHOOL; MAKING CONFORMING AMENDMENTS.

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

SECTION 1. Section 22-10A-40 NMSA 1978 (being Laws 2019, Chapter 189, Section 3) is amended to read:

"22-10A-40. SCHOOL SECURITY PERSONNEL--DEFINITIONS-- REQUIRED TRAINING.--

A. As used in this section:

(1) "assistant school security personnel" means level one or level two security guards registered pursuant to the Private Investigations Act who are employed by a school district and are not authorized to carry a firearm on school premises;

[(1)] (2) "firearm" means a handgun recommended by the department of public safety and authorized by the public school insurance authority;

[(2)] (3) "local school board" includes governing bodies of charter schools;

[(3)] (4) "school district" includes charter schools;

[(4)] (5) "school premises" means:

(a) the buildings and grounds, including playgrounds, playing fields and parking areas, and any school bus of a public school, whether owned by the school district or under contract, in or on which school or school-related activities are being conducted under the supervision of the local school board; or

(b) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which school-related and school-sanctioned activities are being performed; and

[(5)] (6) "school security personnel" means retired or former certified and commissioned law enforcement officers, retired or former commissioned peace officers or level three security guards registered pursuant to the Private Investigations Act who are employed by a school district and authorized by department rules and local school board policy to carry a firearm on school premises.

B. The department shall promulgate rules to carry out the purposes of this section.

C. The department shall promulgate rules pertaining to persons who are prohibited from employment as school security personnel, including:

(1) the applicability of Paragraph (1) or (3) of Subsection A of Section 28-2-4 NMSA 1978 for criminal offenders;

(2) the commitment of a felony; a misdemeanor involving moral turpitude that has bearing on the job of school security personnel; formal discipline for the use of excessive force; or misconduct or crimes that include inappropriate touching, sexual harassment, sexual assault, sexual abuse, discrimination, behavior intended to induce a child into engaging in illegal, immoral or other prohibited behavior, crimes against children and dependents or sexual exploitation of children; and

(3) negligent or illegal use of a firearm.

D. Prior to an offer of employment, the school district shall require for each potential school security personnel:

(1) proof that the retired or former law enforcement officer was certified and commissioned or that the retired or former peace officer was commissioned for no less than three years and left law enforcement in good standing or proof that the level three security guard holds a valid registration pursuant to Section 61-27B-18 NMSA 1978;

(2) successful completion of school security personnel training;

(3) proof of up-to-date firearms training;

(4) a background check that indicates the person has not been convicted of a crime or engaged in behavior that violates the School Personnel Act; and

(5) any other conditions required by law, department rule or school district policy.

E. Prior to an offer of employment, the school district shall require for each potential assistant school security personnel:

(1) proof that the level one or level two security guard holds or is eligible to hold a valid registration pursuant to Section 61-27B-16 or 61-27B-17 NMSA 1978;

(2) successful completion of school security personnel training;

(3) a background check that indicates the person has not been convicted of a crime or engaged in behavior that violated the School Personnel Act; and

(4) any other conditions required by law, department rule or school district policy.

[E.] F. School security personnel shall not perform any other job in the school district, by title or duty, other than school security while carrying a firearm.

[F.] G. Prior to school security personnel being allowed to carry firearms authorized by department rules and local school board policy, the school security personnel must successfully pass a physical and psychological evaluation as prescribed by the department in consultation with the public school insurance authority to determine suitability to carry a firearm. The school district shall pay the cost of the physical and psychological evaluations for current and potential school security personnel.

[G.] H. The department and the public school insurance authority shall approve one or more school security personnel and firearms training programs. Approved programs must include working with students with special needs, cultural competency and prohibited profiling practices. The department of public safety shall make recommendations for firearms training."

SECTION 2. Section 61-27B-16 NMSA 1978 (being Laws 2007, Chapter 115, Section 16) is amended to read:

"61-27B-16. SECURITY GUARD--LEVEL ONE--REGISTRATION--REQUIREMENTS.--

A. On or after July 1, 2007, every individual seeking employment or employed as a level one security guard shall file an application for registration with the department.

B. The department shall issue a registration for a level one security guard to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) is at least eighteen years of age;

(2) is of good moral character;

(3) has successfully completed an examination as required by department rule;

(4) has not been convicted of a felony or an offense involving dishonesty, an offense involving an intentional violent act or the illegal use or possession of a deadly weapon and has not been found to have violated professional ethical standards;

(5) has completed a curriculum approved in department rule consisting of level one security guard training prior to being placed on a guard post for the first time as a level one security guard; that training may be provided by:

(a) a public educational institution in New Mexico or an educational institution licensed by the higher education department pursuant to the Post-Secondary Educational Institution Act;

(b) an in-house training program provided by a licensed private patrol company using a curriculum approved by the department; or

(c) any other department-approved educational institution using a curriculum approved by the department and complying with department standards set forth in department rules;

(6) is employed by a private patrol company under the direct supervision of a licensed private patrol operator, a level three security guard or a private patrol operations manager or by a school district or charter school; and

(7) meets other requirements set forth in department rules.

C. A private patrol company, school district or charter school shall notify the department within thirty days from the date of termination of a level one security guard of the employment termination."

SECTION 3. Section 61-27B-17 NMSA 1978 (being Laws 2007, Chapter 115, Section 17) is amended to read:

"61-27B-17. SECURITY GUARD--LEVEL TWO--REGISTRATION--REQUIREMENTS.--

A. On or after July 1, 2007, every individual seeking employment or employed as a level two security guard shall file an application for registration with the department.

B. The department shall issue a registration for a level two security guard to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) meets the requirements to be granted registration as a level one security guard and maintains in good standing a current registration as a level one security guard;

(2) has successfully completed an examination as required by department rule;

(3) possesses a high school diploma or its equivalent;

(4) in addition to the training required to be registered as a level one security guard, has completed a curriculum approved in department rule of level two security guard training prior to being placed on a guard post for the first time as a level two security guard; that training may be provided by:

(a) a public educational institution in New Mexico or an educational institution licensed by the higher education department pursuant to the Post-Secondary Educational Institution Act;

(b) an in-house training program provided by a licensed private patrol company using a curriculum approved by the department;

(d) any other department-approved educational institution using a curriculum approved by the department and complying with department standards set forth in department rules;

(5) is employed by a private patrol company under the direct supervision of a licensed private patrol operator, a level three security guard or a private patrol operations manager or by a school district or charter school; and

(6) meets other requirements set forth in department rules.

C. A private patrol company, school district or charter school shall notify the department within thirty days from the date of termination of a level two security guard of the employment termination."

SECTION 4. Section 61-27B-18 NMSA 1978 (being Laws 2007, Chapter 115, Section 18, as amended) is amended to read:

"61-27B-18. SECURITY GUARD--LEVEL THREE--REGISTRATION--REQUIREMENTS.--

A. Every individual seeking employment or employed as a level three security guard shall file an application for registration with the department.

B. The department shall issue a registration for a level three security guard to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) is at least twenty-one years of age;

(2) meets the requirements to be granted registration as a level two security guard and maintains in good standing a current registration as a level two security guard;

(3) has successfully completed an examination as required by department rule;

(4) possesses a high school diploma or its equivalent;

(5) in addition to the training required to be registered as a level two security guard and before the applicant shall be placed for the first time at a guard post as a level three security guard, has completed a curriculum approved by the department consisting of the minimum training for firearm certification prescribed by the department; provided that the additional training required by the department is provided by:

(a) a public educational institution in New Mexico or an educational institution licensed by the higher education department pursuant to the Post-Secondary Educational Institution Act;

(b) an in-house training program provided by a licensed private patrol company using a curriculum approved by the department;

(d) any other department-approved educational institution using a curriculum approved by the department and complying with department standards set forth in department rules;

(6) is firearm certified by the New Mexico law enforcement academy or the national rifle association;

(7) is employed by a private patrol company under the direct supervision of a licensed private patrol operator, another level three security guard or a private patrol operations manager or by a school district or charter school; and

(8) meets other requirements set forth in department rules.

C. A private patrol company, school district or charter school shall notify the department within thirty days from the date of termination of a level [two] three security guard of the employment termination."