HOUSE BILL 322

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Patricia Roybal Caballero

AN ACT

RELATING TO LAW ENFORCEMENT; ESTABLISHING THE SPECIAL EXCESSIVE FORCE UNIT AS A DIVISION IN THE OFFICE OF THE ATTORNEY GENERAL; REQUIRING EXCESSIVE FORCE CASES TO BE BROUGHT TO A HEARING IN DISTRICT COURT; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Excessive Force Act".

     SECTION 2. [NEW MATERIAL] DEFINITION.--As used in the Excessive Force Act, "excessive force case" means a case that arises out of an action taken by a law enforcement officer while the officer was acting in the officer's official capacity, including:

          A. a shooting by a law enforcement officer;

          B. an allegation of assault, battery or homicide by a law enforcement officer; or

          C. any other allegation of the use of excessive force brought against a law enforcement officer.

     SECTION 3. [NEW MATERIAL] ESTABLISHMENT OF SPECIAL EXCESSIVE FORCE UNIT.--

          A. The "special excessive force unit" is established as a division of the office of the attorney general.

          B. Notwithstanding any other provision of law, the special excessive force unit has exclusive powers of investigation and prosecution of alleged excessive force cases by law enforcement officers in the state.

          C. The attorney general shall ensure the allocation of sufficient staff and resources to the special excessive force unit as may be required to ensure the swift and competent investigation and prosecution of excessive force cases.

     SECTION 4. [NEW MATERIAL] EXCESSIVE FORCE CASES IN DISTRICT COURT.--An excessive force case shall be presented in a preliminary hearing or inquiry before the district court in the judicial district in whose jurisdiction the incident occurred for a determination of probable cause, and not to a grand jury.

     SECTION 5. APPROPRIATION.--One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the office of the attorney general for expenditure in fiscal year 2017 to establish the special excessive force unit. Any unexpended or unencumbered balance remaining at the end of fiscal year 2017 shall revert to the general fund.

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