HOUSE BILL 961

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO LAW ENFORCEMENT; GRANTING IMMUNITY TO LAW ENFORCEMENT OFFICERS FOR INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY HIGH-SPEED PURSUITS AND ROADBLOCKS.

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

     Section 1. Section 41-4-12 NMSA 1978 (being Laws 1976, Chapter 58, Section 12, as amended) is amended to read:

     "41-4-12. LIABILITY--LAW ENFORCEMENT OFFICERS.--

          A. Except as provided in Subsection B of this section, the immunity granted pursuant to Subsection A of Section [5-14-4 NMSA 1953] 41-4-4 NMSA 1978 does not apply to liability for personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights or deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties.

          B. The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 applies to liability for high-speed pursuits and roadblocks conducted by law enforcement officers while acting within the scope of their duties.

          C. As used in this section:

                (1) "high-speed pursuit" means an attempt by a law enforcement officer in an authorized emergency vehicle to apprehend an occupant of a motor vehicle the driver of which is actively attempting to avoid apprehension by exceeding the speed limit; and

                (2) "roadblock" means a temporary installation or set up to control or block traffic along a road for the purpose of apprehending a fleeing suspect."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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