SENATE BILL 395
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Ben D. Altamirano
AN ACT
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. A new section of Chapter 65 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DIVISION ORGANIZED.--There is organized in the department the "motor transportation division"."
Section 2. A new section of Chapter 65 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in Sections 1 through 9 of this act:
A. "chief" 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" means a commissioned officer of the division;
E. "personnel board" means the personnel board created in the Personnel Act; and
F. "secretary" means the secretary of public safety."
Section 3. A new section of Chapter 65 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DIVISION--ORGANIZATION.--The division shall consist of a chief, deputy chief, major, captains, lieutenants, sergeants, patrol officers and noncommissioned personnel according to the Personnel Act within the limits of the funds appropriated for the division."
Section 4. A new section of Chapter 65 NMSA 1978 is enacted to read:
"[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 secretary. All officers and civilian employees of the division shall be appointed by the chief according to personnel board rules."
Section 5. A new section of Chapter 65 NMSA 1978 is enacted to read:
"[NEW MATERIAL] QUALIFICATIONS OF AN OFFICER.--An officer, 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;
C. pass a physical examination and any other examination the department may require; and
D. hold a high school diploma or the equivalent."
Section 6. A new section of Chapter 65 NMSA 1978 is enacted to read:
"[NEW MATERIAL] CHIEF AND OTHER OFFICERS--POWERS AND DUTIES.--The chief and other officers shall be:
A. peace officers in the performance of their duties with full power to apprehend, arrest and bring before the proper court law violators within the state and authority to enforce the Motor Carrier Act, the Motor Transportation Act, the Motor Vehicle Code and the Criminal Code; and
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 and the issuance of licenses to operators of motor vehicles."
Section 7. A new section of Chapter 65 NMSA 1978 is enacted to read:
"[NEW MATERIAL] COMMISSIONS--SALARY.--
A. The chief shall commission officers.
B. The personnel board shall determine the pay band assignments for officers."
Section 8. A new section of Chapter 65 NMSA 1978 is enacted to read:
"[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 officer 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, the secretary or the governor. A uniform allowance shall be established by the secretary and allowed in addition to an officer's and a noncommissioned uniformed employee's salary and paid according to department policy."
Section 9. A new section of Chapter 65 NMSA 1978 is enacted to read:
"[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.
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 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."
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