HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 486

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

AN ACT

RELATING TO LAW ENFORCEMENT; REQUIRING A LAW ENFORCEMENT AGENCY HIRING A PERSON WHO PREVIOUSLY WORKED FOR ANOTHER LAW ENFORCEMENT AGENCY TO CONSULT THE DISCIPLINARY RECORD OF THAT PERSON; REQUIRING A LAW ENFORCEMENT AGENCY TO RELEASE DISCIPLINARY RECORDS OF AN OFFICER TO A REQUESTING LAW ENFORCEMENT AGENCY.

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

     SECTION 1. [NEW MATERIAL] REQUEST FOR DISCIPLINARY RECORD.--

          A. When a law enforcement agency seeks to hire as a police officer a person who was previously employed by a different law enforcement agency, the hiring agency shall request a copy of all records concerning discipline, cautions, reprimands or similar records concerning the officer's conduct that are held by the prior agency, with an appropriate required waiver for those records. The person being considered for employment with a new law enforcement agency shall execute the appropriate required waiver in order to be considered for employment.

          B. When a law enforcement agency receives a request for the disciplinary records of the police officer accompanied by an appropriate required waiver from another law enforcement agency seeking to hire one of its police officers or former police officers, the law enforcement agency shall provide those records for examination by the requesting agency.

          C. The disciplinary records provided by a law enforcement agency shall be privileged and shall not be disclosed to a person not directly involved in the future employment decision affecting the officer.

          D. A law enforcement agency shall not be held liable for civil damages as a result of transmitting or requesting a police officer's disciplinary record.

          E. As used in this section:

                (1) "appropriate required waiver" means a waiver that has been signed and executed by the police officer applicant;

                (2) "law enforcement agency" means any agency that employs police officers; and

                (3) "police officer" has the same meaning as used in the Law Enforcement Training Act.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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