HOUSE BILL 270

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Jane E. Powdrell-Culbert

AN ACT

RELATING TO LAW ENFORCEMENT; PROVIDING FOR A STUDY OF BIAS-BASED POLICING; MAKING AN APPROPRIATION.

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

     Section 1. BIAS-BASED POLICING STUDY AND REPORT.--

          A. As used in this section:

                (1) "bias-based policing" means:

                     (a) the practice of targeting persons for suspected illegal activities using race, ethnicity, color, age, gender identity, sexual orientation, nationality, religion, political affiliation, disability, socioeconomic status or any combination of these or other noncriminal characteristics as the sole criterion for the determination of probable cause; and

                     (b) using traffic enforcement as a pretext in the prevention and detection of crime, including the apprehension, detention or arrest of persons, stops of motor vehicles for alleged traffic violations or investigatory purposes, search and seizure of property, enforcement of state laws and rules and policy and procedure development or to conduct further investigation; and

                (2) "law enforcement agencies" means state, county, municipal, university, border, tribal and other local law enforcement agencies in New Mexico.

          B. The New Mexico sentencing commission shall contract for a study of bias-based policing on a statewide basis. The study shall include an examination of:

                (1) all available data regarding motor vehicle stops and arrests by law enforcement agencies;

                (2) complaints against law enforcement agencies and officers;

                (3) monetary settlements of complaints against law enforcement agencies; and

                (4) other information available that is necessary to attain a full understanding of bias-based policing incidents and practices.

          C. Following a thorough review of the study results, the New Mexico sentencing commission, in collaboration with other agencies involved in the study, shall create recommendations for the development and implementation of plans, policies and strategies to eliminate bias-based policing in New Mexico. The recommendations shall include:

                (1) policies for law enforcement agencies that are designed to protect individuals' civil rights, including training of law enforcement officers;

                (2) strategies to improve the data available to identify and understand bias-based policing incidents and practices;

                (3) educational efforts for communities of color promoting understanding of civil rights relating to law enforcement activities; and

                (4) data collection requirements for law enforcement agencies.

          D. The study results and recommendations shall be presented to the public with opportunities for public comment and to the governor, the department of public safety, the department of transportation, the governor's homeland security advisor, the courts, the corrections department and the appropriate interim legislative committee. A preliminary progress report shall be made to the public and entities described in this subsection by October 1, 2008, and a final report, including all study results, shall be made to the public and the entities by August 1, 2009.

     Section 2. APPROPRIATION.--One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the New Mexico sentencing commission for expenditure in fiscal years 2009 and 2010 to contract for a study of and report on bias-based policing on a statewide basis. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund.

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