HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILLS 315 & 549

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO REGIONAL TRANSPORTATION; AUTHORIZING REGIONAL TRANSIT DISTRICTS TO EMPLOY LAW ENFORCEMENT OFFICERS OR TO CONTRACT WITH OTHER AGENCIES FOR LAW ENFORCEMENT; PROVIDING POWERS AND DUTIES OF COMMUTER RAIL SERVICE LAW ENFORCEMENT OFFICERS.

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

     Section 1. Section 73-25-1 NMSA 1978 (being Laws 2003, Chapter 65, Section 1) is amended to read:

     "73-25-1. SHORT TITLE.--[This act] Chapter 73, Article 25 NMSA 1978 may be cited as the "Regional Transit District Act"."      Section 2. A new section of the Regional Transit District Act is enacted to read:

     "[NEW MATERIAL] AUTHORIZATION TO EMPLOY COMMUTER RAIL SERVICE LAW ENFORCEMENT OFFICERS--POWERS AND DUTIES OF OFFICERS.--

          A. A district that operates a commuter rail service may employ commuter rail service law enforcement officers for the district and assign duties to the officers.

          B. At all times while on duty, commuter rail service law enforcement officers shall carry commissions of office issued by the district. Commuter rail service law enforcement officers shall have the powers of peace officers on all property, tracks, rights of way, easements, vehicles, buses, vans, railcars, locomotives and facilities owned, leased, licensed, maintained or operated by the district. Within this territory, a commuter rail service law enforcement officer may enforce all applicable laws, ordinances and regulations, but no arrest for violation of any law, ordinance or regulation is valid unless, at the time of arrest, the commuter rail service law enforcement officer is wearing:

                (1) a distinctive badge bearing the name of the district issued by the district; or

                (2) a distinctive uniform prescribed and issued by the district.

          C. A person employed by the district as a commuter rail service law enforcement officer shall fulfill the requirements for certification in Subsection A of Section 29-7-6 NMSA 1978 within one year of the date of first employment.

          D. A district may contract with other law enforcement agencies to provide law enforcement services for the district."

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