HOUSE BILL 363

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Gail Chasey

AN ACT

RELATING TO IMMUNITY FROM TORT CLAIMS; WAIVING IMMUNITY FOR LAW ENFORCEMENT OFFICERS NOT USING BODY CAMERAS.

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

     SECTION 1. Section 41-4-12 NMSA 1978 (being Laws 1976, Chapter 58, Section 12, as amended) is amended to read:

     "41-4-12. LIABILITY--LAW ENFORCEMENT OFFICERS.--

          A. The immunity granted pursuant to Subsection A of Section [5-14-4 NMSA 1953] 41-4-4 NMSA 1978 does not apply to liability for personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights or deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties.

          B. The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 does not apply to liability for personal injury, bodily injury, wrongful death or property damage caused by law enforcement officers who failed to use a body camera in compliance with policies of the officers' agency regarding the use of body cameras.

          C. For the purposes of this section, "body camera" means video equipment attached to the body that permits the visual and audio recording of events that can be preserved in an electronic, digital format."

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