SENATE MEMORIAL 72

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

INTRODUCED BY

Gerald Ortiz y Pino

A MEMORIAL

REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO STUDY THE PREVALENCE OF POLICE BRUTALITY IN NEW MEXICO AND TO IDENTIFY STRATEGIES TO CONTROL AND PREVENT POLICE VIOLENCE.

     WHEREAS, police brutality is characterized by excessive and unnecessary force by police when dealing with civilians, according to Black's Law Dictionary; and

     WHEREAS, an excessive use of force includes a force well beyond what would be necessary to handle a situation; and

     WHEREAS, the most obvious form of police brutality is physical, but police officers can use nerve gas, batons, tasers, pepper spray and guns to intimidate civilians; and

     WHEREAS, many countries have laws to address police brutality, but many complaints made by civilians about excessive use of force are still not investigated; and

     WHEREAS, researchers suggest that complaints may not be investigated because police officers have the authority to use force when necessary and it is often difficult to prove that police brutality has taken place; and

     WHEREAS, the United States has been under scrutiny for increased incidences of alleged police brutality; and

     WHEREAS, New Mexico law enforcement officers also have come under increased scrutiny for incidents of police violence; and

     WHEREAS, an incident of Albuquerque police officers shooting and killing a homeless camper received national attention, resulting in an investigation by the federal bureau of investigation and murder charges being filed against the officers; and

     WHEREAS, public officials have an obligation to monitor the actions of law enforcement personnel and the increased incidences of violence against innocent civilians; and

     WHEREAS, the identification of methods to address police violence would assist local officials to help ensure that innocent civilians are not subjected to police violence; and

     WHEREAS, the participation of local officials to study the strategies to prevent and control violations of human civil rights by police officers would benefit local communities;

      NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the department of public safety be requested to study police violence and the use of excessive force and to propose strategies to prevent and control police violence; and

     BE IT FURTHER RESOLVED that New Mexico local elected officials with law enforcement oversight of cities, municipalities, towns and villages be requested to work with the department of public safety to study strategies to prevent and control violations of human civil rights by police officers; and

     BE IT FURTHER RESOLVED that the department of public safety be requested to report its findings and recommendations to the appropriate interim legislative committee no later than November 1, 2015; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of public safety and local government officials.

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