HOUSE MEMORIAL 57

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Antonio "Moe" Maestas

A MEMORIAL

REQUESTING LAW ENFORCEMENT AGENCIES TO MAKE VIOLENT CRIMES A PRIORITY AND TO FILE CRIMINAL COMPLAINTS FOR MISDEMEANOR VIOLENT CRIMES AGAINST NON-HOUSEHOLD MEMBERS WHEN THERE ARE CREDIBLE ALLEGATIONS THAT A CRIME HAS BEEN COMMITTED.

     WHEREAS, violent crimes are a priority and should be given precedence over nonviolent crimes; and

     WHEREAS, some law enforcement officers generally believe they can do nothing with respect to a misdemeanor violent crime against a non-household member unless they witness the crime; and

     WHEREAS, some law enforcement officers inform members of the public that there is nothing they can do with respect to those non-household member misdemeanor crimes that they did not witness; and

     WHEREAS, in 2008, the law was changed, and civilians no longer could file misdemeanor criminal complaints for wrongs committed against them; and

     WHEREAS, victims lose faith in a criminal justice system that does not respond to violent crimes and may feel compelled to seek retribution in other ways; and

     WHEREAS, although a law enforcement officer cannot make an arrest for some misdemeanor violent crimes against a non-household member unless the officer has witnessed the crime, a law enforcement official can file a criminal complaint against the alleged perpetrator based upon credible allegations from a witness to the crime and a statement of probable cause; and

     WHEREAS, in order to maintain the peace and assist victims of violence, law enforcement officials should be knowledgeable about the changes in law and the paths of redress available and should inform victims of their options; and

     WHEREAS, law enforcement agencies should prioritize violent crimes and encourage law enforcement officers as a matter of public policy to file criminal complaints when there are credible allegations of violence;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that law enforcement agencies across the state be requested to prioritize violent crimes and to require law enforcement officers to file criminal complaints for misdemeanor violent offenses against non-household members when there are credible allegations of the crime; and

     BE IT FURTHER RESOLVED that law enforcement agencies across the state continue to provide training to officers as needed regarding the options available for addressing misdemeanor violent crimes; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the executive director of the New Mexico law enforcement academy and to state and local law enforcement agencies throughout the state.

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