SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 105

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









AN ACT

RELATING TO STATE PARKS; PROVIDING STATE PARK LAW ENFORCEMENT OFFICERS WITH AUTHORITY TO PROVIDE ASSISTANCE TO FULL-TIME PEACE OFFICERS; AMENDING A SECTION OF THE NMSA 1978.



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

Section 1. Section 16-2-30 NMSA 1978 (being Laws 1935, Chapter 57, Section 17, as amended) is amended to read:

"16-2-30. POLICE POWERS VESTED IN DIRECTOR AND [PARK AND RECREATION] STATE PARKS EMPLOYEES DESIGNATED BY THE

SECRETARY.--

A. The director of the state parks division and [such state park and recreation] state parks division employees [as may be] designated by the secretary are vested with general police power and with the authority of conservators of the peace within state parks and recreation areas [and]. It shall be their duty to enforce the laws of the state and the rules and regulations of the energy, minerals and natural resources department within state parks and recreation areas [and]. They shall have the further power of forcibly ejecting from [any] a state park or recreation area [any and all persons] a person who knowingly, willfully or wantonly [violate any] violates a rule or regulation of the department within a state park or recreation area.

B. State park law enforcement officers, in emergency situations, shall be considered on duty and within the scope of their employment for employee benefits when they follow specific instructions from a duly qualified full-time peace officer and aid the peace officer in carrying out his duties. State park law enforcement officers shall respond in emergency situations, subject to the needs of the park to which they are assigned, and they shall have law enforcement powers outside the park so long as they follow specific instructions from the peace officer who requested aid.

C. As used in this section, "emergency" means a sudden, unexpected occurrence or an unforeseen combination of circumstances that calls for immediate action without time for deliberation."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.

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