HOUSE BILL 321

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

INTRODUCED BY

David M. Gallegos and Candie G. Sweetser and Larry R. Scott and Bob Wooley and William "Bill" R. Rehm

AN ACT

RELATING TO COUNTY SHERIFFS; ALLOWING THE HIGHEST-RANKING DEPUTY SHERIFF TO EXERCISE THE POWERS OF SHERIFF UNTIL A SHERIFF HAS BEEN APPOINTED AND QUALIFIED; DECLARING AN EMERGENCY.

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

     SECTION 1. Section 4-41-9 NMSA 1978 (being Laws 1855-1856, Chapter 2, Section 3, as amended) is amended to read:

     "4-41-9. POWERS OF DEPUTY SHERIFF.--[Sec. 198. The said] Deputies are [hereby] authorized to discharge all the duties [which] that belong to the office of sheriff that may be placed under their charge by their principals, with the same effect as though they were executed by the respective sheriffs. If there is a vacancy in the office of sheriff, the highest-ranking deputy sheriff shall exercise the powers of sheriff until a sheriff is appointed and qualified."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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