0001| HOUSE BILL 499
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| G. X. MCSHERRY
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO LAW ENFORCEMENT; AUTHORIZING COUNTY SHERIFFS TO
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0012| DESIGNATE CERTAIN FEDERAL LAW ENFORCEMENT OFFICERS AS NEW
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0013| MEXICO PEACE OFFICERS; AMENDING A SECTION OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 29-1-11 NMSA 1978 (being Laws 1972,
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0017| Chapter 8, Section 1, as amended) is amended to read:
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0018| "29-1-11. AUTHORIZATION OF TRIBAL AND PUEBLO POLICE
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0019| OFFICERS AND CERTAIN FEDERAL OFFICERS TO ACT AS NEW MEXICO
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0020| PEACE OFFICERS--AUTHORITY, PAYMENT AND PROCEDURE FOR
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0021| COMMISSIONED PEACE OFFICERS.--
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0022| A. All persons who are duly commissioned officers
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0023| of the police or sheriff's department of any New Mexico Indian
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0024| tribe or pueblo or who are law enforcement officers employed by
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0025| the bureau of Indian affairs and are assigned in New Mexico
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0001| are, when commissioned under Subsection B of this section,
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0002| recognized and authorized to act as New Mexico peace officers.
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0003| These officers have all the powers of New Mexico peace officers
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0004| to enforce state laws in New Mexico, including [but not
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limited to] the power to make arrests for violation of state
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0006| laws.
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0007| B. The chief of the New Mexico state police is
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0008| granted authority to issue commissions as New Mexico peace
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0009| officers to members of the police or sheriff's department of
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0010| any New Mexico Indian tribe or pueblo or a law enforcement
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0011| officer employed by the bureau of Indian affairs to implement
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0012| the provisions of this section. The procedures to be followed
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0013| in the issuance and revocation of commissions and the
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0014| respective rights and responsibilities of the departments shall
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0015| be set forth in a written agreement to be executed between the
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0016| chief of the New Mexico state police and the tribe or pueblo or
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0017| the appropriate federal official.
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0018| C. The agreement referred to in Subsection B of
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0019| this section shall contain the following conditions:
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0020| (1) the tribe or pueblo, but not the bureau of
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0021| Indian affairs, shall submit proof of adequate public liability
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0022| and property damage insurance for vehicles operated by the
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0023| peace officers and police professional liability insurance from
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0024| a company licensed to sell insurance in the state;
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0025| (2) each applicant for a commission shall
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0001| successfully complete four hundred hours of basic police
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0002| training that is approved by the director of the New Mexico law
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0003| enforcement academy;
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0004| (3) the chief of the New Mexico state police
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0005| shall have the authority to suspend any commission granted
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0006| pursuant to Subsection B of this section for reasons solely
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0007| within his discretion;
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0008| (4) if any provision of the agreement is
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0009| violated by the tribe or pueblo or any of its agents, the chief
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0010| of the New Mexico state police shall suspend the agreement on
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0011| five days' notice, which suspension shall last until the chief
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0012| is satisfied that the violation has been corrected and will not
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0013| recur;
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0014| (5) the officer's goldenrod-colored
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0015| [officer's] second copy of any citation issued pursuant to a
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0016| commission authorized by this section shall be submitted within
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0017| five days to the chief of the New Mexico state police;
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0018| (6) any citation issued pursuant to a
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0019| commission authorized by this section shall be to a magistrate
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0020| court of New Mexico; except that any citations issued to
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0021| Indians within the exterior boundaries of an Indian reservation
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0022| shall be cited into tribal court;
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0023| (7) the agreement or any commission issued
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0024| pursuant to it shall not confer any authority on a tribal court
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0025| or other tribal authority which that court or authority would
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0001| not otherwise have;
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0002| (8) the authority conferred by any agreement
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0003| entered into pursuant to the provisions of this section shall
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0004| be coextensive with the exterior boundaries of the reservation;
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0005| except that an officer commissioned under this section may
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0006| proceed in hot pursuit of an offender beyond the exterior
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0007| boundaries of the reservation, and the authority conferred in
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0008| any written agreement between the chief of the New Mexico state
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0009| police and the Navajo tribe may extend beyond the exterior
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0010| boundaries of the Navajo reservation to and including the area
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0011| enclosed by the following description:
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0012| Beginning at a point where the southern boundary line of
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0013| the Navajo Indian reservation intersects the western
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0014| right-of-way line of US 666, and running thence; southerly
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0015| along the western right-of-way line of US 666 to the northerly
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0016| city limits of Gallup; thence, easterly along the northerly
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0017| city limits of Gallup to the northern side of the right-of-way
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0018| of I-40; thence, in an easterly direction along the northerly
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0019| side of the right-of-way of I-40 to the northerly limits of the
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0020| village of Prewitt; thence, in a straight line between the
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0021| northerly boundary of the village of Prewitt to the southerly
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0022| boundary of Ambrosia Lake; thence in a straight line between
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0023| the southerly boundary of Ambrosia Lake to the southerly
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0024| boundary of Hospah; thence, east along a straight line from the
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0025| southerly boundary of Hospah to the southern boundary of
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0001| Torreon; thence along the easterly side of the right-of-way of
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0002| state road 197 to the westerly city limits of Cuba; thence,
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0003| north along the westerly side of the right-of-way of state road
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0004| 44 to the southerly boundary of the Jicarilla Apache Indian
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0005| reservation; thence, westerly along the southerly boundary of
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0006| the Jicarilla Apache Indian reservation to the southwest corner
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0007| of that reservation; thence, northerly along the westerly
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0008| boundary of the Jicarilla Apache Indian reservation to a point
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0009| where the westerly boundary of the reservation intersects the
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0010| southerly side of the right-of-way of state road 44; thence,
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0011| northerly along the southerly side of the right-of-way of state
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0012| road 44 to its intersection with the northerly side of the
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0013| right-of-way of Navajo road 3003; thence, along the northerly
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0014| side of the right-of-way of Navajo road 3003 to a point where
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0015| the northerly side of the right-of-way of Navajo road 3003
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0016| intersects the westerly side of the right-of-way line of state
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0017| road 371; thence, northerly along the west side of the
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0018| right-of-way of state road 371 to the southerly side of the
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0019| right-of-way of Navajo road 36; thence, westerly along the
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0020| southerly side of the right-of-way of Navajo road 36 to the
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0021| eastern border of the Navajo Indian reservation; thence, along
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0022| the eastern and southerly borders of the Navajo Indian
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0023| reservation to the point of beginning.
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0024| The municipalities of Cuba and Gallup and the villages of
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0025| Thoreau and Prewitt are excluded from the grant of authority
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0001| that may be conferred in any written agreement entered into
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0002| pursuant to provisions of this section; provided, however, any
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0003| written agreement may include under such grant of authority the
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0004| communities of Ambrosia Lake, Hospah, Torreon, Lybrook,
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0005| Nageezi, Counselors and Blanco Trading Post and those
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0006| communities commonly known as the Wingate community; the Navajo
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0007| Tribe blue water ranch area of the Thoreau community; the
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0008| Prewitt community, exclusive of the village of Prewitt; the
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0009| Haystack community; the Desidero community; the Sand Springs
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0010| community; the Rincon Marquis community; the Charley Jesus
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0011| Arviso and the Castillo community; and state road 264 beginning
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0012| at the point where it intersects US 666 and ending where state
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0013| road 264 intersects the Arizona-New Mexico state line;
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0014| (9) the chief of the New Mexico state police
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0015| or his designee and the tribe or pueblo or the appropriate
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0016| federal official shall be required to meet at least quarterly
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0017| or more frequently at the call of the chief of the New Mexico
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0018| state police to discuss the status of the agreement and invite
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0019| other law enforcement or other officials to attend as
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0020| necessary; and
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0021| (10) as consideration for law enforcement
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0022| services rendered for the state by tribal or pueblo police
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0023| officers who are commissioned peace officers pursuant to this
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0024| section, each tribe or pueblo shall receive from the law
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0025| enforcement protection fund three hundred dollars ($300) for
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0001| each commissioned peace officer in the tribe or pueblo. To be
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0002| counted as a commissioned peace officer for the purposes of
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0003| this paragraph, a commissioned peace officer shall have been
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0004| assigned to duty and have worked in New Mexico for no fewer
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0005| than two hundred days in the calendar year immediately prior to
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0006| the date of payment. Payments shall be made for only those
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0007| divisions of the tribal or pueblo police departments that
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0008| perform services in New Mexico. No Indian nation, tribe or
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0009| pueblo police department shall be eligible for any disbursement
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0010| under the fund if officers of that department cite non-Indians
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0011| into the court of that Indian nation, tribe or pueblo. This
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0012| eligibility requirement would apply to either civil or criminal
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0013| citations issued by an Indian nation, tribe or pueblo police
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0014| department.
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0015| D. Nothing in this section impairs or affects the
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0016| existing status and sovereignty of tribes and pueblos of
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0017| Indians as established under the laws of the United States.
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0018| E. All persons who are duly commissioned federal
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0019| law enforcement officers employed by the federal bureau of
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0020| investigation; drug enforcement administration; bureau of
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0021| alcohol, tobacco and firearms; United States secret service;
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0022| United States customs service; immigration and naturalization
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0023| service; United States marshals service; postal inspection
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0024| service; and other appropriate federal officers whose primary
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0025| duty is law enforcement related, [as designated by the chief
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of the New Mexico state police upon a recommendation by a
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county sheriff] who are assigned in New Mexico and who are
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0003| designated by the county sheriff in the county in which they
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0004| are working, are recognized and authorized to act as New
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0005| Mexico peace officers and have all the powers of New Mexico
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0006| peace officers to enforce state laws in New Mexico, including
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0007| the power to make arrests for violation of state laws. This
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0008| subsection shall not be construed to impose liability upon or
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0009| to require indemnification by the state for any act performed
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0010| by a federal law enforcement officer pursuant to this
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0011| subsection.
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0012| F. The provisions of Subsection E of this section
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0013| regarding designation of federal law enforcement officers by a
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0014| county sheriff do not apply to federal law enforcement officers
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0015| who are duly commissioned officers of a police or sheriff's
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0016| department for an Indian tribe or pueblo in New Mexico or who
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0017| are federal law enforcement officers employed by the bureau of
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0018| Indian affairs."
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0019| Section 2. EFFECTIVE DATE.--The effective date of the
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0020| provisions of this act is July 1, 1997.
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0021| - 8 - State of New Mexico
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0022| House of Representatives
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0023|
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0024| FORTY-THIRD LEGISLATURE
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0025| FIRST SESSION, 1997
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0001|
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0002|
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0003| February 15, 1997
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0004|
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0005|
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0006| Mr. Speaker:
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0007|
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0008| Your JUDICIARY COMMITTEE, to whom has been referred
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0009|
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0010| HOUSE BILL 499
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0011|
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0012| has had it under consideration and reports same with
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0013| recommendation that it DO PASS, amended as follows:
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0014|
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0015| 1. On page 7, line 21, after the semicolon insert "United
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0016| States probation department; United States pretrial services
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0017| agency;".
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0018|
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0019| 2. On page 7, line 25, after "sheriff" insert "on a case-
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0020| by- case basis".
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0021|
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0022| The roll call vote on Amendment #2 was 7 For 2 Against
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0023| Yes: 7
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0024| No: Luna, Sanchez
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0025| Excused: Carpenter, King, Rios, Stewart
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0001| Absent: None
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0002|
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0003| Respectfully submitted,
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0004|
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0005|
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0006|
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0007|
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0008|
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0009| Thomas P. Foy, Chairman
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0010|
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0011|
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0012| Adopted Not Adopted
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0013|
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 9 For 0 Against
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0019| Yes: 9
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0020| Excused: Carpenter, King, Rios, Stewart
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0021| Absent: None
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0022|
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0023|
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0024| G:\BILLTEXT\BILLW_97\H0499
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