SENATE BILL 102

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

INTRODUCED BY

Michael Padilla and Patricio Ruiloba

AN ACT

RELATING TO COUNTIES; PROVIDING FOR QUALIFICATIONS TO SERVE AS SHERIFF; CONFORMING SECTION 29-7-6.1 NMSA 1978 (BEING LAWS 1993, CHAPTER 255, SECTION 7, AS AMENDED) TO THESE QUALIFICATIONS.

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

     SECTION 1. A new section of Chapter 4, Article 41 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHERIFF--QUALIFICATIONS.--

          A. In addition to other requirements imposed by law, in order to be elected or appointed as a sheriff, a person shall meet the following qualifications:

                (1) have at least five years of professional law enforcement experience that may include military law enforcement experience;

                (2) be a resident of the state for one year and a resident of the county for which the person is seeking to be elected or appointed sheriff;

                (3) hold a certificate attesting to completion of a basic law enforcement training program pursuant to Section 29-7-6.1 NMSA 1978; and

                (4) not have been recalled from public office.

          B. If a sheriff does not maintain a residence in the county in which the sheriff was elected or appointed, the sheriff shall be deemed to have resigned.

          C. A voter may challenge the candidacy for election to the office of sheriff of any person seeking nomination on the grounds that the person seeking nomination does not meet the qualification requirements of Subsection A of this section. The challenge shall be made by filing a petition in the district court within ten days after the day for filing a declaration of candidacy, which petition shall be heard in the same manner as provided in Subsection F of Section 1-8-26 NMSA 1978."

     SECTION 2. Section 29-7-6.1 NMSA 1978 (being Laws 1993, Chapter 255, Section 7, as amended) is amended to read:

     "29-7-6.1. COUNTY SHERIFFS--TRAINING REQUIREMENT.--

          A. Every county sheriff elected or appointed to office prior to July 1, 2018, except sheriffs who have previously been awarded a certificate attesting to completion of a basic law enforcement training program, shall participate in and complete an administrative law enforcement training program no later than twelve months after the date the sheriff assumes office as a county sheriff. Beginning on July 1, 2018, no person may be elected or appointed to the office of sheriff without having a certificate attesting to completion of a basic law enforcement training program.

          B. The director shall establish the administrative law enforcement training program for county sheriffs, subject to review and approval by the executive committee of the sheriff's affiliate of the New Mexico association of counties.

          C. A county sheriff's per diem, mileage and tuition expenses attributed to attendance at the administrative law enforcement training shall be paid for by the governing body of the county served by that sheriff."

     SECTION 3. CONTINGENT EFFECTIVE DATE.--The provisions of this act shall become effective upon certification by the secretary of state that the constitution of New Mexico has been amended as proposed by a joint resolution of the second session of the fifty-third legislature, entitled "A JOINT RESOLUTION PROPOSING TO AMEND ARTICLE 10 OF THE CONSTITUTION OF NEW MEXICO BY ADDING A NEW SECTION TO PROVIDE FOR QUALIFICATIONS FOR COUNTY SHERIFFS AS PROVIDED BY LAW EXCEPT FOR COUNTIES INCORPORATED PURSUANT TO ARTICLE 10, SECTION 5 OF THE CONSTITUTION OF NEW MEXICO.".