SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 646

54th legislature - STATE OF NEW MEXICO - first session, 2019

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; AMENDING THE PEACE OFFICER'S EMPLOYER-EMPLOYEE RELATIONS ACT TO CLARIFY THAT THE COMPELLED STATEMENT OF AN OFFICER SHALL NOT BE RELEASED EXCEPT UPON COURT ORDER.

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

     SECTION 1. Section 29-14-3 NMSA 1978 (being Laws 1991, Chapter 117, Section 3) is amended to read:

     "29-14-3. [DEFINITION] DEFINITIONS.--As used in the Peace Officer's Employer-Employee Relations Act:

          A. "compelled statement" means a statement provided by an officer to the officer's employer if the statement is compelled under threat of dismissal from employment or any other employment sanction; and

          B. "peace officer" or "officer" means any employee of a police or sheriff's department that is part of or administered by the state or any political subdivision of the state who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the state."

     SECTION 2. Section 29-14-6 NMSA 1978 (being Laws 1991, Chapter 117, Section 6) is amended to read:

     "29-14-6. INVESTIGATION OF ADMINISTRATIVE MATTERS--LIMITATIONS.--

          A. When any peace officer is under investigation for an administrative matter, the officer shall be permitted to produce any relevant documents, witnesses or other evidence to support [his] the case and [he] the officer may cross-examine any adverse witnesses during any grievance process or appeal involving disciplinary action.

          B. The compelled statement of an officer shall not be released by the employer except upon court order."

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