HB 401

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AN ACT

RELATING TO LAW ENFORCEMENT OFFICERS; ELIMINATING THE

REQUIREMENT THAT LAW ENFORCEMENT OFFICERS BE CITIZENS OF THE

STATE OF NEW MEXICO; REQUIRING THAT LAW ENFORCEMENT OFFICERS

BE CITIZENS OF THE UNITED STATES; DECLARING AN EMERGENCY.

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

Section 1. Section 4-41-10 NMSA 1978 (being Laws 1891,

Chapter 63, Section 4, as amended) is amended to read:

"4-41-10. RIGHT TO CARRY ARMS--DEPUTIES--APPOINTMENT.--

All sheriffs shall at all times be considered as in the

discharge of their duties and be allowed to carry arms on

their persons. On the appointment of any regular or permanent

deputy sheriff, it shall be the duty of the sheriff to file

one notice of the appointment in the office of the county

clerk of the sheriff's county and one notice of the

appointment in the office of the clerk of the district court

of that county, and each of the sheriff's deputies shall file

an oath of office in the office of the county clerk. Any

sheriff is hereby authorized at any time to appoint

respectable and orderly persons as special deputies to serve

any particular order, writ or process or when in the opinion

of any sheriff the appointment of special deputies is

necessary and required for the purpose of preserving the

peace, and it shall not be necessary to give or file any

HB 401

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notice of such special appointment; however, the provision

authorizing the carrying of concealed arms shall not apply to

such persons. Provided, no person shall be eligible to

appointment as a deputy sheriff unless the person is a citizen

of the United States of America. There shall be no additional

fees or per diem paid by the counties for any additional

deputies other than as provided by law."

Section 2. Section 29-1-9 NMSA 1978 (being Laws 1891,

Chapter 60, Section 1, as amended) is amended to read:

"29-1-9. APPOINTMENT OF PEACE OFFICERS--CITIZENSHIP

CERTIFICATE OF APPOINTMENT--EXCEPTIONS.--No sheriff of a

county, mayor of a city or other person authorized by law to

appoint special deputy sheriffs, marshals, policemen or other

peace officers in the state of New Mexico to preserve the

public peace and to prevent and quell public disturbances

shall appoint as such special deputy sheriff, marshal,

policeman or other peace officer any person who shall not be a

citizen of the United States of America. No person shall

assume or exercise the functions, powers, duties and

privileges incident and belonging to the office of special

deputy sheriff, marshal, policeman or other peace officer

without first having received an appointment in writing from a

person authorized by law to appoint special deputy sheriffs,

marshals, policemen or other peace officers; provided that

nothing in this section shall apply to lawfully appointed

United States marshals or to deputies of those marshals or to

railroad peace officers appointed pursuant to Section 63-2-18

NMSA 1978 in the performance of their duties as peace

officers.

This section shall not apply in times of riot or unusual

disturbance and when so declared by the public proclamation of

the governor of the state."

Section 3. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately. HB 401

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