SENATE BILL 264

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Steven P. Neville

AN ACT

RELATING TO LAW ENFORCEMENT; AUTHORIZING A SCHOOL DISTRICT TO ESTABLISH A POLICE FORCE WITH JURISDICTION WITHIN THE BOUNDARIES OF THE SCHOOL DISTRICT; REQUIRING SPECIALIZED TRAINING.

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

     SECTION 1. A new section of Chapter 29 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LOCAL SCHOOL BOARD AUTHORIZED TO ESTABLISH POLICE FORCE--QUALIFICATIONS AND AUTHORITY--JURISDICTION--REPORT TO LEGISLATURE.--

          A. A local school board may establish a police force and adopt policies and rules applicable to the police force, including:

                (1) defining acts that pose a substantial threat to school safety justifying arrest;

                (2) defining petty acts of misconduct that should be treated as disciplinary infractions;

                (3) when to report petty acts of misconduct and misdemeanors to other law enforcement agencies, including:

                     (a) disorderly conduct;

                     (b) interference with the educational process;

                     (c) simple assault or battery;

                     (d) theft of less than two hundred fifty dollars ($250);

                     (e) trespassing; and

                     (f) vandalism of property that results in less than five hundred dollars ($500) in damages; and

                (4) requiring that disciplinary interactions between students and school police be based on the individual student and the particular circumstances of the student's acts or omissions.

          B. Each year a school district shall submit a report to the public education department that includes:

                (1) the number of arrests, citations and referrals to the children, youth and families department that law enforcement officers and other school employees have made for any alleged delinquent act on school property;

                (2) the offenses for which students were arrested, cited or referred to the children, youth and families department for an alleged delinquent act on school property; and

                (3) for students arrested, cited or referred to the children, youth and families department for an alleged delinquent act, statistics categorized by offense regarding the student's:

                     (a) age;

                     (b) race;

                     (c) gender; and

                     (d) if applicable, special education eligibility category.

          C. The superintendent of a school district, pursuant to authority granted by the local school board, may employ and assign duties to police officers for the school district.

          D. Police officers employed by a school district:

                (1) shall be New Mexico certified law enforcement officers;

                (2) shall have the powers of peace officers within the exterior boundaries of the school district;

                (3) shall at all times while on duty carry commissions of office issued by the local school board;

                (4) shall be required to participate in ongoing, specialized training that focuses on working appropriately and effectively with children and adolescents, including students with disabilities, with such training to be provided by the school district at no cost to the officers;

                (5) may enforce all applicable laws on school district property;

                (6) may enforce all applicable laws within the exterior boundaries of the school district as commissioned by the sheriff of the county in which the school district is located; and

                (7) may make arrests for violations of law, but no arrest is valid unless the arresting police officer is, at the time of the arrest, wearing a distinctive:                            (a) badge issued by the local school board and bearing the name of the school district; and

                     (b) uniform prescribed and issued by the local school board.

          E. A school district that establishes a police force shall report to the appropriate interim legislative committee on the operations of the police force, including policies, procedures, practices, training programs, discipline of students, school safety and oversight by the local school board and superintendent. The school district shall provide a full report within one year of establishing the police force and, thereafter, upon request of the committee chair.

          F. As used in this section, "local school board" means the policy-setting body of a school district."

     SECTION 2. DELAYED REPEAL.--Section 1 of this act is repealed effective July 1, 2019.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.

- 5 -