45th legislature - STATE OF NEW MEXICO - first session, 2001
FOR THE COURTS AND CRIMINAL JUSTICE COMMITTEE
AN ACT
RELATING TO LAW ENFORCEMENT; AMENDING THE RATE OF DISTRIBUTION FROM THE LAW ENFORCEMENT PROTECTION FUND; AMENDING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 29-1-11 NMSA 1978 (being Laws 1972, Chapter 8, Section 1, as amended) is amended to read:
"29-1-11. AUTHORIZATION OF TRIBAL AND PUEBLO POLICE
OFFICERS AND CERTAIN FEDERAL OFFICERS TO ACT AS NEW MEXICO
PEACE OFFICERS--AUTHORITY [PAYMENT] AND PROCEDURE FOR
COMMISSIONED PEACE OFFICERS.--
A. All persons who are duly commissioned officers of the police or sheriff's department of any New Mexico Indian tribe or pueblo or who are law enforcement officers employed by the bureau of Indian affairs and are assigned in New Mexico are, when commissioned under Subsection B of this section, recognized and authorized to act as New Mexico peace officers. These officers have all the powers of New Mexico peace officers to enforce state laws in New Mexico, including the power to make arrests for violation of state laws.
B. The chief of the [New Mexico] state police is
granted authority to issue commissions as New Mexico peace
officers to members of the police or sheriff's department of
any New Mexico Indian tribe or pueblo or a law enforcement
officer employed by the bureau of Indian affairs to implement
the provisions of this section. The procedures to be followed
in the issuance and revocation of commissions and the
respective rights and responsibilities of the departments
shall be set forth in a written agreement to be executed
between the chief of the [New Mexico] state police and the
tribe or pueblo or the appropriate federal official.
C. The agreement referred to in Subsection B of this section shall contain the following conditions:
(1) the tribe or pueblo, but not the bureau of Indian affairs, shall submit proof of adequate public liability and property damage insurance for vehicles operated by the peace officers and police professional liability insurance from a company licensed to sell insurance in the state;
(2) each applicant for a commission shall successfully complete four hundred hours of basic police training that is approved by the director of the New Mexico law enforcement academy;
(3) the chief of the [New Mexico] state
police shall have the authority to suspend any commission
granted pursuant to Subsection B of this section for reasons
solely within his discretion;
(4) if any provision of the agreement is
violated by the tribe or pueblo or any of its agents, the
chief of the [New Mexico] state police shall suspend the
agreement on five days' notice, which suspension shall last
until the chief is satisfied that the violation has been
corrected and will not recur;
(5) the goldenrod-colored officer's second
copy of any citation issued pursuant to a commission
authorized by this section shall be submitted within five days
to the chief of the [New Mexico] state police;
(6) any citation issued pursuant to a commission authorized by this section shall be to a magistrate court of New Mexico; except that any citations issued to Indians within the exterior boundaries of an Indian reservation shall be cited into tribal court;
(7) the agreement or any commission issued pursuant to it shall not confer any authority on a tribal court or other tribal authority which that court or authority would not otherwise have;
(8) the authority conferred by any agreement
entered into pursuant to the provisions of this section shall
be coextensive with the exterior boundaries of the
reservation; except that an officer commissioned under this
section may proceed in hot pursuit of an offender beyond the
exterior boundaries of the reservation, and the authority
conferred in any written agreement between the chief of the
[New Mexico] state police and the Navajo tribe may extend
beyond the exterior boundaries of the Navajo reservation to
and including the area enclosed by the following description:
Beginning at a point where the southern boundary line of the Navajo Indian reservation intersects the western right-of-way line of US 666, and running thence; southerly along the western right-of-way line of US 666 to the northerly city limits of Gallup; thence, easterly along the northerly city limits of Gallup to the northern side of the right-of-way of I-40; thence, in an easterly direction along the northerly side of the right of way of I-40 to the northerly limits of the village of Prewitt; thence, in a straight line between the northerly boundary of the village of Prewitt to the southerly boundary of Ambrosia Lake; thence in a straight line between the southerly boundary of Ambrosia Lake to the southerly boundary of Hospah; thence, east along a straight line from the southerly boundary of Hospah to the southern boundary of Torreon; thence along the easterly side of the right of way of state road 197 to the westerly city limits of Cuba; thence, north along the westerly side of the right of way of state road 44 to the southerly boundary of the Jicarilla Apache Indian reservation; thence, westerly along the southerly boundary of the Jicarilla Apache Indian reservation to the southwest corner of that reservation; thence, northerly along the westerly boundary of the Jicarilla Apache Indian reservation to a point where the westerly boundary of the reservation intersects the southerly side of the right of way of state road 44; thence, northerly along the southerly side of the right of way of state road 44 to its intersection with the northerly side of the right of way of Navajo road 3003; thence, along the northerly side of the right of way of Navajo road 3003 to a point where the northerly side of the right of way of Navajo road 3003 intersects the westerly side of the right-of-way line of state road 371; thence, northerly along the west side of the right of way of state road 371 to the southerly side of the right of way of Navajo road 36; thence, westerly along the southerly side of the right of way of Navajo road 36 to the eastern border of the Navajo Indian reservation; thence, along the eastern and southerly borders of the Navajo Indian reservation to the point of beginning.
The municipalities of Cuba and Gallup and the villages of Thoreau and Prewitt are excluded from the grant of authority that may be conferred in any written agreement entered into pursuant to provisions of this section; provided, however, any written agreement may include under such grant of authority the communities of Ambrosia Lake, Hospah, Torreon, Lybrook, Nageezi, Counselors and Blanco Trading Post and those communities commonly known as the Wingate community; the Navajo Tribe blue water ranch area of the Thoreau community; the Prewitt community, exclusive of the village of Prewitt; the Haystack community; the Desidero community; the Sand Springs community; the Rincon Marquis community; the Charley Jesus Arviso and the Castillo community; and state road 264 beginning at the point where it intersects US 666 and ending where state road 264 intersects the Arizona-New Mexico state line; and
(9) the chief of the [New Mexico] state
police or his designee and the tribe or pueblo or the
appropriate federal official shall be required to meet at
least quarterly or more frequently at the call of the chief of
the [New Mexico] state police to discuss the status of the
agreement and invite other law enforcement or other officials
to attend as necessary [and
(10) as consideration for law enforcement
services rendered for the state by tribal or pueblo police
officers who are commissioned peace officers pursuant to this
section, each tribe or pueblo shall receive from the law
enforcement protection fund three hundred dollars ($300) for
each commissioned peace officer in the tribe or pueblo. To be
counted as a commissioned peace officer for the purposes of
this paragraph, a commissioned peace officer shall have been
assigned to duty and have worked in New Mexico for no fewer
than two hundred days in the calendar year immediately prior
to the date of payment. Payments shall be made for only those
divisions of the tribal or pueblo police departments that
perform services in New Mexico. No Indian nation, tribe or
pueblo police department shall be eligible for any
disbursement under the fund if officers of that department
cite non-Indians into the court of that Indian nation, tribe
or pueblo. This eligibility requirement would apply to either
civil or criminal citations issued by an Indian nation, tribe
or pueblo police department].
D. Nothing in this section impairs or affects the existing status and sovereignty of tribes and pueblos of Indians as established under the laws of the United States.
E. All persons who are duly commissioned federal law enforcement officers employed by the federal bureau of investigation; drug enforcement administration; bureau of alcohol, tobacco and firearms; United States secret service; United States customs service; immigration and naturalization service; United States marshals service; postal inspection service; United States probation department; United States pretrial services agency; and other appropriate federal officers whose primary duty is law enforcement related, who are assigned in New Mexico and who are required to be designated by the county sheriff on a case-by-case basis in the county in which they are working, are recognized and authorized to act as New Mexico peace officers and have all the powers of New Mexico peace officers to enforce state laws in New Mexico, including the power to make arrests for violation of state laws. The department of public safety shall maintain a registry that lists the name and affiliated federal agency of every federal law enforcement officer recognized and authorized to act as a New Mexico peace officer pursuant to the provisions of this subsection. This subsection shall not be construed to impose liability upon or to require indemnification by the state for any act performed by a federal law enforcement officer pursuant to this subsection.
F. The provisions of Subsection E of this section regarding designation of federal law enforcement officers by a county sheriff do not apply to federal law enforcement officers who are duly commissioned officers of a police or sheriff's department for an Indian tribe or pueblo in New Mexico or who are federal law enforcement officers employed by the bureau of Indian affairs."
Section 2. Section 29-13-4 NMSA 1978 (being Laws 1993, Chapter 179, Section 6, as amended) is amended to read:
"29-13-4. DETERMINATION OF NEEDS AND RATE OF DISTRIBUTION.--
A. Annually on or before April 15, the division shall
[(1)] consider and determine the relative
needs as requested by municipal [and] police, university
police, tribal and pueblo police and county sheriff's
departments for money in the fund pursuant to the provisions
of Subsection B of this section [and
(2) calculate the amount of consideration due
a tribal police department pursuant to the provisions of
Paragraph (10) of Subsection C of Section 29-1-11 NMSA 1978].
B. The division shall determine the rate of
distribution of money in the fund to each municipal [and]
police, university police, tribal and pueblo police and county
sheriff's department as follows:
(1) all municipal police and county sheriff's departments shall be rated by class pursuant to this paragraph in accordance with populations established by the most recently completed decennial census; provided that the population of any county shall not include the population of any municipality within that county that has a municipal police department. The rate of distribution to which a municipal police or county sheriff's department is entitled is the following:
CLASS POPULATION AMOUNT
1 0 to 20,000 $20,000
2 20,001 to 160,000 30,000
3 160,001 to 1,280,000 40,000;
(2) tribal and pueblo police departments and
university police departments shall be entitled to a rate of
distribution of [seventeen thousand dollars ($17,000)] twenty
thousand dollars ($20,000); [and]
(3) tribal and pueblo police departments shall be entitled, unless allocations are adjusted pursuant to the provisions of Subsection C of this section, to six hundred dollars ($600) for each commissioned peace officer in the tribe or pueblo. To be counted as a commissioned peace officer for the purposes of this paragraph, a commissioned peace officer shall have been assigned to duty and have worked in New Mexico for no fewer than two hundred days in the calendar year immediately prior to the date of payment. Payments shall be made for only those divisions of the tribal or pueblo police departments that perform services in New Mexico; and
[(3)] (4) municipal and university police and
county sheriff's departments shall be entitled, unless
allocations are adjusted pursuant to the provisions of
Subsection C of this section, to six hundred dollars ($600)
for each police officer or sheriff's deputy employed full time
by his department who has been certified by the New Mexico law
enforcement academy as a police officer or has been authorized
to act as a New Mexico peace officer pursuant to the
provisions of Section 29-1-11 NMSA 1978.
C. After distributions are determined in
accordance with [Paragraph (2) of Subsection A and]
Paragraphs (1) and (2) of Subsection B of this section, if
the balance in the fund is insufficient to permit the total
allocations provided by [Paragraph (3)] Paragraphs (3) and
(4) of Subsection B of this section, the division shall
reduce that allocation to the maximum amount permitted by
available money."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.