SENATE BILL 147

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

INTRODUCED BY

Mimi Stewart

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO LAW ENFORCEMENT; REQUIRING INVESTIGATION OR PROSECUTION BY THE ATTORNEY GENERAL OF ANY ACTION AGAINST A LAW ENFORCEMENT OFFICER SUSPECTED OF A VIOLENT FELONY, ASSAULT AGAINST A HOUSEHOLD MEMBER, ABUSE OF A CHILD OR ANY CRIME FOR WHICH REGISTRATION UNDER THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT IS REQUIRED.

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

     SECTION 1. Section 8-5-2 NMSA 1978 (being Laws 1933, Chapter 21, Section 2, as amended) is amended to read:

     "8-5-2. DUTIES OF ATTORNEY GENERAL.--

          A. Except as otherwise provided by law, the attorney general shall:

                [A.] (1) prosecute and defend all causes in the supreme court and court of appeals in which the state is a party or interested;

                [B.] (2) prosecute and defend in any other court or tribunal all actions and proceedings, civil or criminal, in which the state may be a party or interested when in [his] the attorney general's judgment the interest of the state requires such action or when requested to do so by the governor;

                [C.] (3) prosecute and defend all actions and proceedings brought by or against any state officer or head of a state department, board or commission or any employee of the state in [his] the officer's, head's or employee's official capacity;

                [D.] (4) give [his] an opinion in writing upon any question of law submitted to [him] the attorney general by the legislature or any branch [thereof] of the legislature, any state official, elective or appointive, or any district attorney on any subject pending before them or under their control with which they have to deal officially or with reference to their duty in office;

                [E.] (5) prepare drafts for contracts, bonds and other instruments of writing [which] that may be required for the use of the state whenever requested to do so by any state officer;

                [F.] (6) promptly account to the state treasurer for all state funds received by [him] the attorney general;

                [G.] (7) report to the governor and legislature the condition of [his] the attorney general's office, the text of all opinions rendered and a summary of business transacted of public interest, which report shall be submitted each year;

                [H.] (8) keep a register of all opinions rendered and all actions prosecuted and defended by [him] the attorney general and of all proceedings in relation thereto;

                [I.] (9) attend and assist in the trial of any indictment or information in any county on direction of the governor;

                [J.] (10) appear before local, state and federal courts and regulatory officers, agencies and bodies to represent and to be heard on behalf of the state when in [his] the attorney general's judgment the public interest of the state requires such action or when requested to do so by the governor; and

                [K.] (11) perform all other duties required by law.

          B. Notwithstanding any other provision of law, the investigation or prosecution of a law enforcement officer of the state, or any county, municipality or other political subdivision of the state, shall be undertaken by the attorney general when the law enforcement officer is suspected of a violent felony as defined in the Criminal Sentencing Act, assault against a household member, abuse of a child or any crime for which registration under the Sex Offender Registration and Notification Act is required."

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