46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO LAW ENFORCEMENT; PROVIDING FOR THE ORGANIZATION, POWERS AND ADMINISTRATION OF THE MOTOR TRANSPORTATION DIVISION; CREATING CRIMINAL OFFENSES REGARDING AND PROVIDING PENALTIES FOR MISUSE OF A MOTOR TRANSPORTATION DIVISION UNIFORM, BADGE OR VEHICLE.

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

Section 1. Section 29-2-1.1 NMSA 1978 (being Laws 1987, Chapter 254, Section 18, as amended) is amended to read:

"29-2-1.1. DEFINITIONS.--As used in Chapter 29, Articles 1 through 18 NMSA 1978:

A. "chief" or "chief of the state police" means the director of the New Mexico state police division of the department;

B. "commission" means the public safety advisory commission;

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

D. "member of the New Mexico state police" means a commissioned officer of the New Mexico state police;

E. "New Mexico law enforcement academy" or "academy" means a bureau of the training and recruiting division of the department of public safety;

F. "New Mexico state police" means the New Mexico state police division of the department;

G. "New Mexico state police board" or "board" means the secretary of public safety; and

H. "secretary" means the secretary of public safety."

Section 2. A new Section 29-19-1 NMSA 1978 is enacted to read:

"29-19-1. [NEW MATERIAL] DIVISION CREATED.--There is created in the department the "motor transportation division"."

Section 3. A new Section 29-19-2 NMSA 1978 is enacted to read:

"29-19-2. [NEW MATERIAL] DEFINITIONS.--As used in Chapter 29, Article 19 NMSA 1978:

A. "chief" or "chief of the motor transportation division" means the director of the division;

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

C. "division" means the motor transportation division of the department;

D. "officer of the division" means a commissioned officer of the division; and

E. "secretary" means the secretary of public safety."

Section 4. A new Section 29-19-3 NMSA 1978 is enacted to read:

"29-19-3. [NEW MATERIAL] DIVISION--ORGANIZATION.--The division shall consist of a chief, a deputy chief, a major, captains, lieutenants, sergeants, patrolmen and non-commissioned personnel as per the Personnel Act within the limits of the funds appropriated for the division."

Section 5. A new Section 29-19-4 NMSA 1978 is enacted to read:

"29-19-4. [NEW MATERIAL] APPOINTMENTS--REMOVAL.--The secretary shall appoint the chief. The chief shall serve at the pleasure of the secretary. The chief is the executive officer of the division and shall be subject to the control, supervision and direction of the chief of the New Mexico state police. All patrol officers, other officers and civilian employees shall be appointed by the chief as per personnel board rules."

Section 6. A new Section 29-19-5 NMSA 1978 is enacted to read:

"29-19-5. [NEW MATERIAL] QUALIFICATIONS OF AN OFFICER.--An officer of the division, except the chief, shall:

A. at the time of the officer's appointment, be a citizen of the United States and at least twenty-one years of age;

B. be of good moral character and not have been convicted of a felony or an infamous crime in a court of a county, this state or another state or in a federal court; and

C. pass a physical examination and any other examination the department may require."

Section 7. A new Section 29-19-6 NMSA 1978 is enacted to read:

"29-19-6. [NEW MATERIAL] COMMISSIONS--SALARY.--

A. The chief shall commission officers of the division.

B. The personnel board shall determine the pay band assignments for officers of the division."

Section 8. A new Section 29-19-7 NMSA 1978 is enacted to read:

"29-19-7. [NEW MATERIAL] UNIFORM AND BADGES--UNIFORM ALLOWANCE TO BE SET BY SECRETARY.--The secretary shall prescribe a suitable and distinctive uniform. The secretary shall provide and issue to each commissioned officer of the division a uniform and an appropriate badge, which shall contain in plain legible letters the words "Motor Transportation Police". The prescribed uniform and badge shall be worn at all times when on duty, except when by direction of the chief of the division, the chief of the New Mexico state police, the secretary or the governor. A uniform allowance shall be established by the secretary and allowed in addition to a commissioned officer's salary and paid according to department policy."

Section 9. A new Section 29-19-8 NMSA 1978 is enacted to read:

"29-19-8. [NEW MATERIAL] UNAUTHORIZED WEARING OF UNIFORM OR BADGE--UNAUTHORIZED MARKING OF MOTOR VEHICLE--PENALTY.--

A. Unauthorized wearing of a uniform or badge consists of wearing or requiring the wearing, without the authorization of the chief, of a uniform or badge whose material, color or design causes the wearer to appear to be an officer of the division.

B. Unauthorized marking of a motor vehicle consists of marking, using, possessing or owning or requiring the marking or using, without the authorization of the chief, of a motor vehicle whose insignia, color or equipment causes the motor vehicle to appear to be a motor transportation division police vehicle.

C. A person who commits unauthorized wearing of a uniform or badge pursuant to Subsection A of this section or unauthorized marking of a motor vehicle pursuant to Subsection B of this section is guilty of a petty misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978."

Section 10. A new Section 29-19-9 NMSA 1978 is enacted to read:

"29-19-9. [NEW MATERIAL] CHIEF AND OTHER COMMISSIONED OFFICERS OF THE DIVISION--POWERS AND DUTIES.--The chief and the other officers of the division, when duly commissioned, shall be:

A. conservators of the peace within the state, with full power to apprehend, arrest and bring before the proper court all law violators within the state;

B. ex-officio deputies and agents of the officers of the taxation and revenue department and of the officers and departments within the state charged with registration of motor vehicles, the issuance of licenses to operators of motor vehicles and of the officers and departments of the state charged with the regulation and control of motor vehicles operated upon the public highways for hire in the transportation of either passengers or property; and

C. charged with the enforcement of all laws of the state regulating the use of highways."