HOUSE BILL 510

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

INTRODUCED BY

Gail Chasey

AN ACT

RELATING TO LAW ENFORCEMENT; CREATING THE PEACE OFFICER SERIOUS USE OF FORCE INVESTIGATION AND PROSECUTION ACT; CREATING THE PEACE OFFICER SERIOUS USE OF FORCE INVESTIGATION AND PROSECUTION FUND; 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 "Peace Officer Serious Use of Force Investigation and Prosecution Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Peace Officer Serious Use of Force Investigation and Prosecution Act:

          A. "commissioned" means authorized by a sheriff or chief of police to prevent and detect crime and enforce the criminal and traffic laws of the state;

          B. "peace officer" means a commissioned employee or a certified law enforcement officer of a law enforcement agency that is part of or administered by the state or a political subdivision of the state who is responsible for the prevention and detection of crime and the enforcement of the criminal and traffic laws of the state; and

          C. "serious use of force" means any use of force by a peace officer that results in or causes the death of another person.

     SECTION 3. [NEW MATERIAL] PEACE OFFICER SERIOUS USE OF FORCE INVESTIGATION AND PROSECUTION FUND.--The "peace officer serious use of force investigation and prosecution fund" is created in the state treasury. The fund consists of appropriations to the fund, income from investment of the fund and money otherwise accruing to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The administrative office of the district attorneys shall administer the fund, and money in the fund is appropriated to the administrative office of the district attorneys to provide for investigations and prosecutions provided for in the Peace Officer Serious Use of Force Investigation and Prosecution Act. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the director of the administrative office of the district attorneys or the director's authorized representative.     SECTION 4. [NEW MATERIAL] SERIOUS USE OF FORCE INVESTIGATIONS--APPOINTMENT OF SPECIAL PROSECUTOR.--

          A. If a peace officer is involved in a serious use of force incident, the officer's law enforcement agency shall notify the district attorney in whose jurisdiction the incident took place about the incident.

          B. A district attorney who receives notice of a serious use of force incident shall, as soon as practicable, determine whether a conflict of interest would prevent the district attorney from conducting an investigation of the incident. If there is no conflict of interest, the district attorney shall investigate the incident, and if the district attorney determines that the serious use of force was not justified, prosecute the peace officer.

          C. If a district attorney notified of a serious use of force incident determines that a conflict of interest prevents the district attorney's investigation of the incident, the district attorney shall notify the attorney general of the conflict of interest and the attorney general shall appoint three district attorneys to appoint a special prosecutor who does not have a conflict of interest with respect to the incident to conduct the investigation and, if appropriate, prosecute the involved peace officer.

          D. If a district attorney conducting an investigation of a serious use of force incident determines that costs associated with the investigation are an unreasonable burden on the district attorney's office, the district attorney through the director of the administrative office of the district attorneys may request additional funding from the peace officer serious use of force investigation and prosecution fund.

     SECTION 5. APPROPRIATION.--One million dollars ($1,000,000) is appropriated from the general fund to the peace officer serious use of force investigation and prosecution fund for expenditure in fiscal year 2018 and subsequent fiscal years to provide assistance for investigations and prosecutions provided for in the Peace Officer Serious Use of Force Investigation and Prosecution Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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