1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.166682.2
SENATE JOINT MEMORIAL 65
48
TH
LEGISLATURE
- STATE OF NEW MEXICO -
FIRST SESSION
, 2007
INTRODUCED BY
Gerald P. Ortiz y Pino
A JOINT MEMORIAL
IN HONOR OF CIVIL RIGHTS AND DR. MARTIN LUTHER KING, JR., CESAR
CHAVEZ, REYES LOPEZ TIJERINA AND RUDOLFO "CORKY" GONZALES.
WHEREAS, the state of New Mexico expresses complete
support of the law enforcement professions and the officers
involved in law enforcement professions; and
WHEREAS, the state of New Mexico upholds human and civil
rights inherent in its statutes, rules and policies; and
WHEREAS, violators of human and civil rights must be held
accountable; and
WHEREAS, the number of citizen complaints of excessive use
of force among law enforcement and security officers is not
generally known to the public and elected officials due to the
unofficial code of silence pervasive in law enforcement and law
enforcement agencies; and
pg_0002
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.166682.2
- 2 -
WHEREAS, governmental entities that are not home-rule
municipalities lack enabling legislation to establish
independent law enforcement oversight with appropriate
authority to determine violations on the part of law
enforcement officers, including police chiefs, sheriffs, upper
levels of law enforcement agencies and private security guards,
whether or not contracted by governmental entities; and
WHEREAS, most unjustified use of force cases that are the
equivalent of battery are not reported to the district attorney
for criminal prosecution, and there is a reluctance by district
attorney offices to prosecute law enforcement officers for the
unjustified use of force resulting in criminal assault and
battery and aggravated battery; and
WHEREAS, there are few or minimal penalties in
municipalities and counties for law enforcement and security
officers who use excessive force; and
WHEREAS, the standard disciplinary measure applied to law
enforcement officers found to have used excessive force
resulting in injury or serious injury is usually a verbal or
written reprimand and does not match the seriousness of the
offense; and
WHEREAS, a verbal or written reprimand as a penalty
against a law enforcement officer who is found to have used
excessive force resulting in injury or serious injury is an
inadequate response to such unprofessional behavior by the
pg_0003
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.166682.2
- 3 -
officer; and
WHEREAS, the number of law enforcement and security
officers being disciplined is not a sufficient standard to
determine the actual number of instances of excessive use of
force by law enforcement and security officers; and
WHEREAS, the city of Albuquerque and the Albuquerque
police officers association have agreed to a contract that
prohibits the discipline of law enforcement officers when found
liable in a court of law of excessive use of force;
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF NEW MEXICO that it support the creation of human and
civil rights standards; and
BE IT FURTHER RESOLVED that human and civil rights are
essential for a nonbarbaric society; and
BE IT FURTHER RESOLVED that the New Mexico legislative
council be requested to establish an interim human and civil
rights task force composed of state senators and
representatives who support human and civil rights and human
and civil rights advocates; and
BE IT FURTHER RESOLVED that the task force be directed to
examine, individually and separately, each and every concern
set forth in this memorial and make recommendations to the
appropriate interim legislative committee for the enactment of
laws to protect human and civil rights; and
BE IT FURTHER RESOLVED that copies of this memorial be
pg_0004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.166682.2
transmitted to the president pro tempore of the senate, the
speaker of the house of representatives, the members of the New
Mexico legislative council and the governor.
- 4 -