HOUSE JOINT RESOLUTION 1

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

INTRODUCED BY

Patricia Roybal Caballero

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 10 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW COUNTIES AND MUNICIPALITIES TO ESTABLISH INDEPENDENT POLICE REVIEW BOARDS WITH AUTHORITY TO INVESTIGATE AND RESOLVE CITIZEN COMPLAINTS.

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

     SECTION 1. It is proposed to amend Article 10 of the constitution of New Mexico by adding a new section to read:

          "A. The governing body of a county or municipality may establish a citizen police review board that shall be independent of the governing body.

          B. A governing body that establishes a citizen police review board shall provide for a process to select the board's members from the list of jurors for the county or municipality in which the review board convenes.

          C. A citizen police review board shall have authority to investigate citizen complaints regarding a law enforcement agency or law enforcement officer of the county or municipality and report findings and recommendations for action to the governing body as provided by law.

          D. A citizen police review board shall be required to convene in public sessions. The respondent in a review board investigation shall have the right to be represented by counsel. Deliberations of the review board after the hearing of evidence shall be conducted in a public session, and the findings of fact and conclusions of law of the review board shall be made public."

     SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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