HOUSE BILL 214

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Patricia Roybal Caballero

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO LAW ENFORCEMENT; ENACTING THE USE OF FORCE ACT; ESTABLISHING THE SPECIAL USE OF FORCE UNIT AS A DIVISION IN THE OFFICE OF THE ATTORNEY GENERAL; REQUIRING EXCESSIVE USE OF 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 "Use of Force Act".

     SECTION 2. [NEW MATERIAL] DEFINITION.--As used in the Use of Force Act, "excessive use of 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 USE OF FORCE UNIT.--

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

          B. Notwithstanding any other provision of law, the special use of force unit has exclusive powers of investigation and prosecution of alleged excessive use of 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 use of force unit as may be required to ensure the swift and competent investigation and prosecution of excessive use of force cases.

     SECTION 4. [NEW MATERIAL] EXCESSIVE USE OF FORCE CASES IN DISTRICT COURT.--An excessive use of 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 shall not be presented 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 2018 to establish the special use of force unit. Any unexpended or unencumbered balance remaining at the end of fiscal year 2018 shall revert to the general fund.

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