SB0019

SENATE BILL 19

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Antonio Maestas

AN ACT

RELATING TO LAW ENFORCEMENT; PROVIDING MECHANISMS TO STRENGTHEN THE LAW ENFORCEMENT AND PUBLIC SAFETY TELECOMMUNICATOR PROFESSIONS; REQUIRING THE ADOPTION AND IMPLEMENTATION OF UP-TO-DATE PROFESSIONAL LAW ENFORCEMENT AND PUBLIC SAFETY TELECOMMUNICATOR TRAINING AND PROFESSIONAL DEVELOPMENT SYSTEMS THAT MEET BEST PRACTICES AND EVOLVING NATIONAL STANDARDS; REQUIRING THE ADOPTION OF EVIDENCE- AND STANDARDS-BASED LAW ENFORCEMENT AND PUBLIC SAFETY TELECOMMUNICATOR TRAINING CURRICULA; REQUIRING REGULAR CURRICULA UPDATES; REQUIRING THE DEVELOPMENT OF TRAINING AND PERFORMANCE STANDARDS; REQUIRING A COMPREHENSIVE REVIEW OF THE LAW ENFORCEMENT AND PUBLIC SAFETY TELECOMMUNICATOR TRAINING SYSTEMS AT LEAST EVERY FIVE YEARS; ALLOWING THE LAW ENFORCEMENT CERTIFICATION BOARD TO SUMMARILY SUSPEND LAW ENFORCEMENT OFFICERS WHO FAIL TO SUBMIT PROOF OF REQUIRED IN-SERVICE TRAINING PRIOR TO BEGINNING A REVOCATION PROCESS; PROVIDING THAT BOARD INVESTIGATION DOCUMENTS SHALL REMAIN CONFIDENTIAL UNTIL FINAL DISPOSITION OF THE CASE; MAKING APPROPRIATIONS.

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

SECTION 1. That version of Section 9-19-8 NMSA 1978 (being Laws 1987, Chapter 254, Section 8, as amended) that is to become effective July 1, 2023 is amended to read:

"9-19-8. ADMINISTRATIVELY ATTACHED AGENCIES.--The governor's organized crime prevention commission [the New Mexico law enforcement standards and training council] and the law enforcement certification board are administratively attached to the department, and the New Mexico law enforcement standards and training council is administratively attached to the New Mexico law enforcement academy in accordance with the Executive Reorganization Act."

SECTION 2. That version of Section 29-7-7 NMSA 1978 (being Laws 1981, Chapter 114, Section 6, as amended) that is to become effective July 1, 2023 is recompiled as Section 29-7-1.2 NMSA 1978 and is amended to read:

"29-7-1.2. DEFINITIONS.--For the purpose of the Law Enforcement Training Act:

A. "academy" means the New Mexico law enforcement academy;

B. "basic law enforcement training" means a course consisting of not less than four hundred hours of instruction in basic law enforcement training as required by the Law Enforcement Training Act;

C. "board" means the law enforcement certification board;

D. "commissioned" means the authority given to a certified law enforcement officer employed by a law enforcement agency to apprehend, arrest and bring before the court any violators within the law enforcement agency's jurisdiction;

[D.] E. "conviction" means an adjudication of guilt or a plea of no contest and includes convictions that are suspended or deferred;

[E.] F. "council" means the New Mexico law enforcement standards and training council;

G. "crisis situation" means conditions in which one or more persons pose a threat of imminent harm to self or others;

[F.] H. "director" means the director of the division;

[G.] I. "division" or "academy" means the New Mexico law enforcement academy of the department of public safety;

J. "executive director" means the executive director of the board;

[H.] K. "in-service law enforcement training" means a course of instruction [required of all certified peace officers and designed to train and equip all police officers in the state with specific law enforcement skills and to ensure the continuing development of all police officers in the state. The training and instruction shall be kept current and may be conducted on a regional basis at the discretion of the director] requiring specified hours, subject matter and skill proficiencies conducted on a schedule specified by the council to maintain certification;

L. "job task analysis" means the periodic, systematic, comprehensive assessment of the skills and knowledge required for all law enforcement or public safety telecommunicator positions;

[I.] M. "law enforcement agency" means an agency of the state or local political subdivision of the state that employs certified and commissioned law enforcement officers or the police department of [a] an Indian nation, tribe or pueblo or the bureau of Indian affairs that employs commissioned and certified law enforcement officers and that has entered into [an] a commissioning agreement with the department of public safety [pursuant to] in accordance with Section 29-1-11 NMSA 1978;

[J.] N. "law enforcement officer" or "police officer" means [any] a commissioned, full-time salaried employee of a law enforcement agency that is part of or administered by the state or any political subdivision of the state, and includes [any] an employee of a missile range civilian police department, who is a graduate of the academy or a recognized [certified] accredited regional law enforcement training facility and who is currently [certifiable] certified by the [academy] board, which employee is responsible for the prevention and detection of crime or the enforcement of the penal, [or] traffic or highway laws of this state. [The term] "Law enforcement officer" specifically includes deputy sheriffs; [Sheriffs are eligible to attend the academy and are eligible to receive certification as provided in the Law Enforcement Training Act. As used in this subsection, "commissioned" means an employee of a law enforcement agency who is authorized by a sheriff or chief of police to apprehend, arrest and bring before the court all violators within the law enforcement agency's jurisdiction; and

K.] O. "certified regional law enforcement training facility" means a law enforcement training facility within the state [certified] accredited by the [director, with the approval of the academy's] board [of directors] that offers basic law enforcement training and in-service law enforcement training that is standardized with the academy and that offers advanced training that is comparable to or exceeds the standards of the programs of the academy; and

P. "professional development" means a program of the academy for which standards are set by the council and that assists law enforcement agencies and certified law enforcement officers to develop individualized career path plans and corrective action plans."

SECTION 3. That version of Section 29-7-3 NMSA 1978 (being Laws 1979, Chapter 202, Section 42, as amended) that is to become effective July 1, 2023 is amended to read:

"29-7-3. NEW MEXICO LAW ENFORCEMENT STANDARDS AND TRAINING COUNCIL.--

A. [There is created] The "New Mexico law enforcement standards and training council" is created and is administratively attached to the New Mexico law enforcement academy of the department of public safety, which shall provide staff support for the council.

B. The council shall develop and [adopt basic training and in-service training standards for police officers and telecommunicators in New Mexico] promulgate training requirements, curricula and methods; professional development programs; and performance standards for law enforcement officers and public safety telecommunicators at all levels, including basic, field, advanced, specialized and instructor training to be consistent throughout New Mexico.

C. The council [shall consist] consists of:

(1) the director of the [New Mexico law enforcement] academy and the directors of [all] the [satellite] accredited regional law enforcement [academies, who shall serve automatically by reason of their position. The remaining seven] training facilities, who serve ex officio; and

(2) eleven members [of the council shall be] appointed by the governor and confirmed by the senate, [An appointed council member shall serve and have all of the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointment. The members appointed by the governor shall consist of] consisting of:

(a) one attorney [who is currently] employed in a district attorney's office;

(b) one attorney [who is currently] employed by the public defender department;

(d) two certified public safety telecommunicators, one of whom shall be from an agency that offers fire and medical telecommunications services and one of whom shall be from a public safety agency serving a rural part of the state;

(e) two members who have experience and specialize in providing adult education; [and]

(f) two citizen-at-large members, one of whom [shall have experience as a] has behavioral health [provider] expertise and neither of whom [shall be a police officer or retired police officer] is an active or retired law enforcement officer or public safety telecommunicator or [have] has a familial or financial [connections] connection to [a police] an active or retired law enforcement officer or public safety telecommunicator or any agency or department for which a [police] law enforcement officer or public safety telecommunicator works;

(g) a sheriff who is a certified law enforcement officer; and

(h) a municipal law enforcement manager who is a certified law enforcement officer.

D. An appointed council member shall serve and have all the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointment. Vacancies on the council shall be filled by appointment by the governor with the consent of the senate for the unexpired term.

[D.] E. Appointments to the council shall be for staggered terms of four years or less made in such manner that the terms of not more than [two] four members expire on July 1 of each year.

[E.] F. Members of the council [shall] are entitled to receive, for their service as members of the council, per diem and mileage as provided in the Per Diem and Mileage Act."

SECTION 4. That version of Section 29-7-4 NMSA 1978 (being Laws 1969, Chapter 264, Section 6, as amended) that is to become effective July 1, 2023 is amended to read:

"29-7-4. POWERS AND DUTIES OF COUNCIL--EVIDENCE- AND STANDARDS-BASED TRAINING PROGRAM--CONTRACTS FOR TRAINING CURRICULA REVISIONS, ADOPTION OF PROGRAM AND PROFESSIONAL STANDARDS.--

A. The council shall:

[A. develop a planned program, to be implemented by the director, of:

(1) basic law enforcement training and in-service law enforcement training, a portion of which may be conducted on a regional basis; and

(2) basic telecommunicator training and in-service telecommunicator training, as provided in the Public Safety Telecommunicator Training Act, a portion of which may be conducted on a regional basis]

(1) after consultation with the board, adopt by rule professional standards that describe the skills, knowledge and behaviors that characterize exemplary practice and professional growth of law enforcement officers and public safety telecommunicators in New Mexico;

(2) develop and continually evaluate the training and professional development system to ensure that it integrates the knowledge and skills necessary for law enforcement officers and public safety telecommunicators to meet or exceed professional standards such that they:

(a) intervene effectively in high-risk and crisis situations to protect the officer and the public safety and to minimize liability;

(b) use force that is objectively reasonable under the totality of circumstances and, when feasible, is least restrictive and limited to protect the officer and the public safety;

(c) treat everyone with respect, regardless of racial, ethnic or cultural differences; physical or mental capacities; or appearance, language or gender; and that avoids civil rights violations;

(d) demonstrate attitudes of pride, professionalism and honor in protecting all persons and communities;

(e) carry out the duty to intervene in another officer's inappropriate conduct, regardless of rank;

(f) demonstrate sensitivity to collateral damage in the wake of trauma resulting from law enforcement interventions;

(g) equitably enforce state laws and local ordinances; and

(h) collect and secure evidence, maintain case documentation and provide accurate testimony to support judicial processes;

(3) ensure that the law enforcement training and professional development system includes responsibilities of agencies to attend to the wellness and behavioral health of its officers, including providing access to needed supportive services, and coordinate and cooperate with other community services;

[B.] (4) prescribe by rule qualifications and required training for instructors, [and prescribe] including field training officers;

(5) prescribe by rule curricula and courses of instruction for [(1) basic] all levels of law enforcement training and [in-service law enforcement] public safety telecommunicator training; [and (2) basic telecommunicator training and in-service telecommunicator training, as provided in the Public Safety Telecommunicator Training Act;

C.] (6) report annually to the governor and the legislature;

[D.] (7) in its discretion, accept donations, contributions, grants or gifts from whatever source for the benefit of the council or academy, which donations, contributions, grants or gifts are appropriated for the use of the council or academy; and

[E.] (8) adopt [publish and file] and promulgate, in accordance with the provisions of the State Rules Act, all rules concerning [the implementation and enforcement of Sections 29-7-2 through 29-7-7.7, 29-7-12, 29-7-14, 29-7C-4, 29-7C-5 and 29-7C-7 NMSA 1978] academy curricula, training programs, including training standards, and professional and performance standards.

B. With the approval of the council during the period the council and the academy are developing and updating the evidence- and standards-based training programs that meet best practices and evolving national standards, the academy may contract with law enforcement and public safety telecommunicator curriculum design and evaluation experts to perform job task analyses of different levels of law enforcement and recommend:

(1) professional standards for law enforcement officers and public safety telecommunicators;

(2) revisions to training curricula and academic and physical performance standards; and

(3) training requirements for instructors and other personnel responsible for training law enforcement officers and public safety telecommunicators in the performance of their duties.

C. The law enforcement training system, including curricula, training standards, professional standards and academy staffing, shall undergo a comprehensive review and update at least every five years.

D. Nothing in Subsection B of this section limits the council from approving interim new or more up-to-date versions of training curricula for the academy during the multiyear process of conducting job task analyses, adopting and promulgating professional standards and training standards and comprehensively revising the academy's training curricula.

E. Until new evidence- and standards-based training programs are implemented, the board shall certify law enforcement officers after successful completion of the training programs then in effect. During the process of updating the training system, the council and the academy shall provide periodic reports to the legislature and shall make a final report, including recommendations for funding and statutory changes, to the governor and the legislature."

SECTION 5. Section 29-7-4.3 NMSA 1978 (being Laws 2022, Chapter 56, Section 13) is amended to read:

"29-7-4.3. LAW ENFORCEMENT CERTIFICATION BOARD--APPOINTMENT--POWERS AND DUTIES--REFUSAL TO ISSUE OR DENIAL, SUSPENSION OR REVOCATION OF CERTIFICATION--SUSPENSION OF CERTIFICATION FOR FAILURE TO MEET REQUIRED IN-SERVICE TRAINING--CONFIDENTIALITY OF INVESTIGATIONS--LAW ENFORCEMENT CERTIFICATION OFFICE CREATED.--

A. The "law enforcement certification board" is established and administratively attached to the department of public safety, [as an independent board in accordance with the Executive Reorganization Act] and the department shall provide administrative services for the board and the law enforcement certification office.

B. The board consists of [nine] eleven members appointed by the governor with the advice and consent of the senate. No more than [five] six members [of the board] shall be members of the same political party. Members shall be appointed so as to represent different geographic areas of the state and the ethnic and cultural diversity of the state's population. The members [of the board] shall be appointed for staggered five-year terms, except that for the initial board, two [of the initial board] members shall be appointed for one-year terms, two [of the initial board] members shall be appointed for two-year terms, two [of the initial board] members shall be appointed for three-year terms, two [of the initial board] members shall be appointed for four-year terms; and [one of the initial board] three members shall be appointed for [a] five-year [term] terms.

[B.] C. The board shall include the following members:

(1) a retired district judge, who [shall serve] serves as chair of the board;

(2) a current or retired municipal [peace officer] law enforcement manager;

(3) a retired sheriff who was certified or a current sheriff who is certified as a law enforcement officer;

(4) a current or retired state or local law enforcement officer who has law enforcement management experience;

[(4)] (5) a current or retired tribal law [peace] law enforcement officer;

(6) a certified public safety telecommunicator;

[(5)] (7) an attorney in private practice who practices as a plaintiff's attorney in the area of civil rights or who represents criminal defendants;

[(6)] (8) an attorney in private practice who represents public entities in civil rights claims; [and

(7)] (9) an attorney who is employed by the public defender department;

(10) a professor of criminal justice at a public post-secondary educational institution in New Mexico; and

(11) a citizen-at-large who has knowledge and interest in law enforcement training.

D. An appointed member shall serve and have all of the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointment. Vacancies shall be filled by appointment by the governor with the consent of the senate for the unexpired term of the member. Members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act.

[C.] E. The board shall:

(1) provide by rule the requirements for applicants to all training programs and for professional development;

(2) provide by rule the requirements for all certifications;

(3) take appeals from applicants who have been denied admission to the academy;

(4) issue certifications to qualified candidates, including law enforcement instructors and regional law enforcement training facilities, recommended for certification by the academy;

[(1)] (5) deny, suspend or revoke [(a) a peace officer's certification for just cause as provided in the Law Enforcement Training Act; and

(b) a telecommunicator's certification for just cause as provided in the Public Safety Telecommunicator Training Act; and (2) conduct investigations, administer oaths and subpoena persons as necessary to make determination regarding fitness of a law enforcement officer to execute a law enforcement officer's duties] certifications for just cause as provided in the Law Enforcement Training Act, the Public Safety Telecommunicator Training Act or other laws and rules promulgated in accordance with those laws; and

(6) approve rules proposed by the office to carry out the board's and the office's powers and duties pursuant to the Law Enforcement Training Act, including specifically rules pertaining to the refusal to admit for training or the denial, suspension or revocation of certification, and any other powers or duties granted to the board or law enforcement certification office.

F. Upon complaint or upon its own motion, the board may conduct investigations, administer oaths and issue subpoenas as necessary to make a determination regarding the behavior and conduct of a law enforcement officer, public safety telecommunicator or instructor to execute the law enforcement officer's, public safety telecommunicator's or instructor's duties or the fitness of a regional law enforcement training facility to properly train cadets or instructors using evidence- and standards-based curricula approved by the council.

[D.] G. The board may require by subpoena the attendance of witnesses or the production of records and other evidence relevant to an investigation and shall have such other powers and duties and administer or enforce such other acts as further provided by law.

[E. The board shall appoint a chief executive officer to assist the board in carrying out its functions. The chief executive officer shall employ persons as necessary to assist the board in carrying out its functions.

F. The board shall adopt, publish and file, in accordance with the provisions of the State Rules Act, all rules concerning the implementation and enforcement of the Law Enforcement Training Act and Public Safety Telecommunicator Training Act except those sections enumerated in Subsection E of Section 29-7-4 NMSA 1978 for which rules shall be adopted, published and filed by the council.

G. The board shall issue or renew a certification to:

(1) graduates from an approved basic law enforcement training program who satisfy the qualifications for certification as set forth in Section 29-7-6 NMSA 1978; or

(2) graduates from an approved basic telecommunicator training program who satisfy the qualifications for certification as set forth in the Public Safety Telecommunicator Training Act.

H. Members of the board shall receive, for their service as members of the board, per diem and mileage as provided in the Per Diem and Mileage Act.]

H. If a law enforcement officer or public safety telecommunicator has not fulfilled the in-service requirement, the board may notify the law enforcement officer or public safety telecommunicator and the law enforcement or public safety agency that the board has summarily suspended the law enforcement officer's or public safety telecommunicator's certification. The notice shall include the information that the law enforcement officer or public safety telecommunicator has sixty days to show proof of completion of the required hours of in-service training or the board will begin the process of revoking the certification. The law enforcement agency or public safety agency may request a waiver of suspension because the law enforcement officer or public safety telecommunicator had been unable to complete the required hours of in-service training because of unforeseen circumstances or other reason provided by rule of the board.

I. Internal affairs and other investigation documents provided to or developed by the board for use in a certification case shall remain confidential and not available for inspection pursuant to the Inspection of Public Records Act until final disposition of a case after the board has completed its adjudication of the case. A decision of the board is a final agency decision and may be appealed as provided in Section 39-3-1.1 NMSA 1978.

J. The "law enforcement certification office" is created and serves as staff for the board. The board shall appoint an executive director who serves at the pleasure of the board. The executive director shall be appointed without regard to political party affiliation and solely on the ground of fitness to perform the duties of the office. The executive director may employ such professional and clerical staff in accordance with the Personnel Act as necessary to support the board. The office shall draft and propose rules to the board to carry out the duties of the board and the office. Approved rules shall be adopted and promulgated in accordance with the State Rules Act."

SECTION 6. That version of Section 29-7-5 NMSA 1978 (being Laws 1969, Chapter 264, Section 7, as amended) that is to become effective July 1, 2023 is amended to read:

"29-7-5. POWERS AND DUTIES OF [THE] ACADEMY DIRECTOR.--The director shall be appointed by and under the supervision and direction of the secretary of public safety. The provisions of the Executive Reorganization Act notwithstanding, the director shall be appointed without regard to political party affiliation and only on the ground of fitness to perform the duties of the office. The director does not serve at the pleasure of the governor or secretary, but may be removed only as provided in Section 29-7-5.1 NMSA 1978. The director shall:

A. be qualified for the position by education and experience, including having:

(1) a bachelor's or higher degree;

(2) certification as a law enforcement officer; and

(3) at least five years' experience as a law enforcement officer and, preferably, experience as a law enforcement instructor or law enforcement administrator;

[A.] B. be the chief executive officer of the academy and employ certified law enforcement instructors and other necessary personnel;

[B. issue] C. recommend to the board that a certificate of completion be granted to [any person] a candidate who:

(1) graduates from an approved basic law enforcement training program and who satisfies the qualifications for certification as set forth in Section 29-7-6 NMSA 1978; or

(2) graduates from an approved basic telecommunicator training program and who satisfies the qualifications for certification as set forth in the Public Safety Telecommunicator Training Act;

[C.] D. perform all other acts necessary and appropriate to the carrying out of the director's duties or at the request of the council or the secretary of public safety;

[D.] E. implement the training standards, curricula and other requirements developed and adopted by the council; and

[E.] F. annually evaluate the courses of instruction being offered by the academy and [make necessary] recommend to the council modifications and adjustments to the programs."

SECTION 7. 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. Sheriffs are eligible to attend the academy and are eligible to receive certification as provided in the Law Enforcement Training Act.

[A.] B. Every county sheriff, 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.

[B.] C. 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.] D. 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 8. Section 29-7-7.1 NMSA 1978 (being Laws 1981, Chapter 114, Section 7, as amended) is amended to read:

"29-7-7.1. IN-SERVICE LAW ENFORCEMENT TRAINING--REQUIREMENTS--ELIGIBILITY--PENALTIES FOR FAILURE TO COMPLETE OR REPORT REQUIREMENTS.--

A. To maintain certification as a law enforcement officer, in-service law enforcement training is required. In-service training consists of [at least] a minimum of forty hours of academic instruction approved by the [board] council for each certified [police] law enforcement officer during each twenty-four month period of employment or service with a [political subdivision] state or local law enforcement agency. The first required in-service law enforcement training [course] period shall commence no later than twelve months after graduation from an approved basic law enforcement training program.

B. [All certified police officers who are eligible for in-service training shall, during each twenty-four month period of employment, complete a minimum of forty hours of in-service law enforcement training in courses approved by the board. All] Each certified [police officers] law enforcement officer shall provide proof of completing in-service law enforcement training requirements to the officer's law enforcement agency and the executive director no later than March 1 of the year in which the requirements must be met. The executive director shall provide annual notice to all certified [police] law enforcement officers regarding in-service law enforcement training requirements. Failure to complete in-service law enforcement training requirements [may] or failure to report completion to the board shall be grounds for suspension of a [certified police] law enforcement officer's certification and may result in the state withholding the law enforcement agency's law enforcement protection fund distribution. A [police] law enforcement officer's certification may be reinstated by the board when the [police] law enforcement officer presents the board with evidence of satisfying in-service law enforcement training requirements.

C. The board shall audit in-service law enforcement training compliance."

SECTION 9. That version of Section 29-7-7.2 NMSA 1978 (being Laws 1981, Chapter 144, Section 8, as amended) that is to become effective July 1, 2023 is amended to read:

"29-7-7.2. REPORTS.--

A. Every law enforcement agency that employs law enforcement officers that are required to be certified by the state shall report on a schedule required by the board and on electronic forms provided by the board that are compatible with the academy information system or other system that may be adopted by the department of public safety and shall be complete and certified by the police chief, sheriff or other head of a law enforcement agency. Each law enforcement agency's reports shall include specific information on each law enforcement officer's status as to:

(1) employment, including date of employment, rank, promotions, disciplinary actions and demotions and the date and general reason for separation from the agency, if applicable;

(2) disciplinary actions, demotions or suspensions of duty and the reasons for the disciplinary actions and demotions or suspensions; and

(3) required in-service law enforcement training, including specific courses and hours completed.

B. Every law enforcement agency within the state shall [submit quarterly a report to the director and the board on the status of each police officer employed by the law enforcement agency. The reports shall include the status of in-service law enforcement training] notify the board within thirty days when a law enforcement officer is employed by the law enforcement agency or leaves employment with that agency.

C. The board may require law enforcement agencies to report on other personnel who are not law enforcement officers but who are required to have in-service law enforcement training.

D. The reporting forms and submittal dates shall be prescribed by the board.

E. Failure of a law enforcement officer to provide proof of having met in-service law enforcement training or failure of a law enforcement agency to submit reports or to timely notify the board of changes in employment status of law enforcement officers may result in the state withholding the agency's law enforcement protection fund distribution."

SECTION 10. Section 29-7-13 NMSA 1978 (being Laws 1993, Chapter 255, Section 10) is amended to read:

"29-7-13. REFUSAL, SUSPENSION OR REVOCATION OF CERTIFICATION.--

A. After consultation with the employing agency, the board may refuse to issue or may suspend or revoke a [police] law enforcement officer's certification when the board determines that a person or officer has:

(1) failed to satisfy the qualifications for certification set forth in Section 29-7-6 NMSA 1978;

(2) committed acts that constitute dishonesty or fraud;

(3) been convicted of, pled guilty to, [or] entered a plea of no contest to or had a probable cause determination made relating to:

(a) any felony charge; or

(b) any violation of federal or state law or a local ordinance relating to aggravated assault, theft or driving while under the influence of intoxicating liquor, [or] drugs or controlled substances [or any law or ordinance involving moral turpitude];

(4) knowingly made any false statement in [his] the application for certification; or

(5) been demoted or suspended from duty by a law enforcement agency for misconduct.

B. The board shall develop, adopt and promulgate administrative procedures for suspension or revocation of a [police] law enforcement officer's certification that include notice and an opportunity for the affected [police] law enforcement officer to be heard, as well as procedures for judicial review of the board's final agency decision as provided in Section 39-3-1.1 NMSA 1978."

SECTION 11. That version of Section 29-7C-4 NMSA 1978 (being Laws 2003, Chapter 320, Section 6, as amended) that is to become effective July 1, 2023 is amended to read:

"29-7C-4. [BASIC] TELECOMMUNICATOR TRAINING PROGRAM.--

A. The council shall:

(1) after consultation with the board, adopt by rule professional standards that describe the skills, knowledge and behaviors that characterize exemplary practice and professional growth of telecommunicators in New Mexico and training standards that implement the professional standards; and

(2) develop and adopt a [basic] telecommunicator training program for telecommunicator certification. The program shall be [constructed to] evidence- and performance-based and shall meet best practices and evolving national standards and the [minimum basic] needs of telecommunicators [in New Mexico] at each level of certification.

B. Until new evidence- and standards-based training programs are adopted and promulgated, the board shall certify telecommunicators after successful completion of the training programs then in effect. During the process of updating the telecommunicator training system, the council and the New Mexico law enforcement academy shall provide periodic reports to the legislature and shall make a final report, including recommendations for funding and statutory changes, to the governor and the legislature."

SECTION 12. Section 29-7C-7 NMSA 1978 (being Laws 2003, Chapter 320, Section 9, as amended) is amended to read:

"29-7C-7. IN-SERVICE TELECOMMUNICATOR TRAINING.--

A. In-service telecommunicator training consists of at least twenty hours of board-approved advanced training, including one hour of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, for each certified telecommunicator during each two-year period. The first training course shall commence no later than twelve months after graduation from a board-approved basic telecommunicator training program.

B. A certified telecommunicator shall provide proof of completion of in-service training requirements to the director no later than March 1 of the year subsequent to the year in which the requirements are met. The director shall provide annual notice to all certified telecommunicators regarding in-service training requirements. Failure to complete in-service training requirements may be grounds for suspension of a telecommunicator's certification at the [director's] board's discretion as provided in Section 29-7-4.3 NMSA 1978. A telecommunicator may be reinstated [at the discretion of the director] by the board when the telecommunicator presents to the [director] board evidence the telecommunicator has satisfied the in-service training requirements.

C. As used in this section, "mental impairment" includes a mental illness, developmental disability, posttraumatic stress disorder, dual diagnosis, autism, youth in crisis and traumatic brain injury."

SECTION 13. Section 29-7C-9 NMSA 1978 (being Laws 2003, Chapter 320, Section 11) is amended to read:

"29-7C-9. REFUSAL, SUSPENSION OR REVOCATION OF CERTIFICATION.--

A. The board [shall] may refuse to issue or [shall] may suspend or revoke a telecommunicator's certification, after consultation with [his] the telecommunicator's employing safety agency, if the board determines that [a person] the telecommunicator has:

(1) failed to satisfy the qualifications for certification set forth in Section 29-7A-3 NMSA 1978;

(2) committed acts that constitute dishonesty or fraud;

(3) been convicted of, pled guilty to, [or] entered a plea of nolo contendere to or had a probable cause determination made relating to a:

(a) felony charge; or

(b) violation of a federal or state law, a local ordinance relating to aggravated assault or theft or a law involving moral turpitude; [or]

(4) knowingly made a false statement on [his] the application; or

(5) been demoted or suspended from duty by the safety agency for misconduct.

B. The board shall [develop, adopt and] promulgate rules that specify the administrative procedures for suspension or revocation of a telecommunicator's certification that include:

(1) notice and opportunity for the affected telecommunicator to be heard; and

(2) procedures for judicial review of the board's final agency decision as provided in Section 39-3-1.1 NMSA 1978."

SECTION 14. Section 29-13-6 NMSA 1978 (being Laws 1983, Chapter 289, Section 6, as amended) is amended to read:

"29-13-6. DISTRIBUTION OF LAW ENFORCEMENT PROTECTION FUND.--

A. Based on a periodic allotment approved by the division for the current fiscal year, the state treasurer shall distribute from the fund the amounts certified by the division to be distributed to governmental entities and the peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund as required in Section 29-13-4 NMSA 1978. Payments shall be made by the treasurer to the appropriate governmental entity or fund unless otherwise specified in Subsection C of this section.

B. The state treasurer is authorized to redirect a distribution to the New Mexico finance authority in an amount certified by the division, pursuant to an ordinance or a resolution passed by the municipality or county and a written agreement of the municipality or county and the New Mexico finance authority.

C. Based on a periodic allotment approved by the division for the current fiscal year, the state treasurer shall distribute from the money in the fund money certified by the division to be distributed to tribes. Payment shall be made to the chief financial officer of the tribe. If necessary, the fund may be decreased below the level of one hundred thousand dollars ($100,000) to enable payment to the tribes. If insufficient money remains in the fund to fully compensate the tribes, a report shall be made to the Indian affairs department and to an appropriate interim committee of the legislature that reviews issues having impact on tribes by September 1 of the year of the shortfall.

D. The academy may notify the division and the state treasurer to withhold the distribution to any governmental entity that has failed to submit required reports to the academy as provided in Section 29-7-7.2 NMSA 1978 or that employs law enforcement officers who have failed to submit proof of completion of required in-service law enforcement training as required in Section 29-7-7.1 NMSA 1978."

SECTION 15. TEMPORARY PROVISIONS--RULES OF NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD--RULES OF NEW MEXICO LAW ENFORCEMENT STANDARDS AND TRAINING COUNCIL OR LAW ENFORCEMENT CERTIFICATION BOARD.--The rules of the New Mexico law enforcement academy board shall continue in effect until amended or repealed by the New Mexico law enforcement standards and training council or the law enforcement certification board, as applicable.

SECTION 16. APPROPRIATIONS.--

A. The following amounts are appropriated from the general fund to the New Mexico law enforcement academy of the department of public safety for expenditure in the specified fiscal years for the following purposes, and money remaining from an appropriation at the end of the specified expenditure period shall revert to the general fund:

(1) two million two hundred fifty thousand dollars ($2,250,000) is appropriated for expenditure in fiscal years 2024 through 2026 to contract with law enforcement curriculum design and evaluation experts to update and modernize the New Mexico law enforcement academy's training programs and to purchase relevant curricula and instructional materials; and

(2) seven hundred fifty thousand dollars ($750,000) is appropriated for expenditure in fiscal years 2024 through 2026 to contract with public safety telecommunicator curriculum design and evaluation experts to update and modernize the New Mexico law enforcement academy's training programs and to purchase relevant curricula and instructional materials.

B. Four hundred twenty-five thousand dollars ($425,000) is appropriated from the general fund to the New Mexico law enforcement academy of the department of public safety for expenditure in fiscal year 2024 for salary and benefits, equipment, supplies and other costs associated with employing one training and development specialist supervisor, two training and development specialists and one law enforcement instructor. Any unexpended or unencumbered balance remaining at the end of fiscal year 2024 shall revert to the general fund.

C. Four hundred seventy-five thousand dollars ($475,000) is appropriated from the general fund to the law enforcement certification board for expenditure in fiscal year 2024 for salary and benefits, equipment, supplies and other costs associated with employing one executive director, one investigator, one attorney and one paralegal for certification enforcement and clerical staff. Any unexpended or unencumbered balance remaining at the end of fiscal year 2024 shall revert to the general fund.

SECTION 17. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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