HOUSE BILL 279

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Greg Nibert and Monica Youngblood and William "Bill" R. Rehm

 

 

 

 

 

AN ACT

RELATING TO LAW ENFORCEMENT; CONFIRMING SOVEREIGN IMMUNITY OF LAW ENFORCEMENT OFFICERS UNDER CERTAIN CONDITIONS.

 

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

     SECTION 1. Section 41-4-12 NMSA 1978 (being Laws 1976, Chapter 58, Section 12, as amended) is amended to read:

     "41-4-12. LIABILITY--LAW ENFORCEMENT OFFICERS.--

          A. The immunity granted pursuant to Subsection A of Section [5-14-4 NMSA 1953] 41-4-4 NMSA 1978 does not apply to liability for personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights or deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when [caused] committed by law enforcement officers while acting within the scope of their duties.

          B. The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 applies if a court determines that the officer's conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known."

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