0001| SENATE BILL 4
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| Timothy Z. Jennings
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO LAW ENFORCEMENT; AUTHORIZING COUNTY SHERIFFS TO
|
0012| DESIGNATE CERTAIN FEDERAL LAW ENFORCEMENT OFFICERS AS NEW
|
0013| MEXICO PEACE OFFICERS; AMENDING A SECTION OF THE NMSA 1978.
|
0014|
|
0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0016| Section 1. Section 29-1-11 NMSA 1978 (being Laws 1972,
|
0017| Chapter 8, Section 1, as amended) is amended to read:
|
0018| "29-1-11. AUTHORIZATION OF TRIBAL AND PUEBLO POLICE
|
0019| OFFICERS AND CERTAIN FEDERAL OFFICERS TO ACT AS NEW MEXICO
|
0020| PEACE OFFICERS--AUTHORITY, PAYMENT AND PROCEDURE FOR
|
0021| COMMISSIONED PEACE OFFICERS.--
|
0022| A. All persons who are duly commissioned officers
|
0023| of the police or sheriff's department of any New Mexico Indian
|
0024| tribe or pueblo or who are law enforcement officers employed by
|
0025| the bureau of Indian affairs and are assigned in New Mexico
|
0001| are, when commissioned under Subsection B of this section,
|
0002| recognized and authorized to act as New Mexico peace officers.
|
0003| These officers have all the powers of New Mexico peace officers
|
0004| to enforce state laws in New Mexico, including [but not
|
limited to] the power to make arrests for violation of state
|
0006| laws.
|
0007| B. The chief of the New Mexico state police is
|
0008| granted authority to issue commissions as New Mexico peace
|
0009| officers to members of the police or sheriff's department of
|
0010| any New Mexico Indian tribe or pueblo or a law enforcement
|
0011| officer employed by the bureau of Indian affairs to implement
|
0012| the provisions of this section. The procedures to be followed
|
0013| in the issuance and revocation of commissions and the
|
0014| respective rights and responsibilities of the departments shall
|
0015| be set forth in a written agreement to be executed between the
|
0016| chief of the New Mexico state police and the tribe or pueblo or
|
0017| the appropriate federal official.
|
0018| C. The agreement referred to in Subsection B of
|
0019| this section shall contain the following conditions:
|
0020| (1) the tribe or pueblo, but not the bureau of
|
0021| Indian affairs, shall submit proof of adequate public liability
|
0022| and property damage insurance for vehicles operated by the
|
0023| peace officers and police professional liability insurance from
|
0024| a company licensed to sell insurance in the state;
|
0025| (2) each applicant for a commission shall
|
0001| successfully complete four hundred hours of basic police
|
0002| training that is approved by the director of the New Mexico law
|
0003| enforcement academy;
|
0004| (3) the chief of the New Mexico state police
|
0005| shall have the authority to suspend any commission granted
|
0006| pursuant to Subsection B of this section for reasons solely
|
0007| within his discretion;
|
0008| (4) if any provision of the agreement is
|
0009| violated by the tribe or pueblo or any of its agents, the chief
|
0010| of the New Mexico state police shall suspend the agreement on
|
0011| five days' notice, which suspension shall last until the chief
|
0012| is satisfied that the violation has been corrected and will not
|
0013| recur;
|
0014| (5) the goldenrod-colored officer's second
|
0015| copy of any citation issued pursuant to a commission authorized
|
0016| by this section shall be submitted within five days to the
|
0017| chief of the New Mexico state police;
|
0018| (6) any citation issued pursuant to a
|
0019| commission authorized by this section shall be to a magistrate
|
0020| court of New Mexico; except that any citations issued to
|
0021| Indians within the exterior boundaries of an Indian reservation
|
0022| shall be cited into tribal court;
|
0023| (7) the agreement or any commission issued
|
0024| pursuant to it shall not confer any authority on a tribal court
|
0025| or other tribal authority which that court or authority would
|
0001| not otherwise have;
|
0002| (8) the authority conferred by any agreement
|
0003| entered into pursuant to the provisions of this section shall
|
0004| be coextensive with the exterior boundaries of the reservation;
|
0005| except that an officer commissioned under this section may
|
0006| proceed in hot pursuit of an offender beyond the exterior
|
0007| boundaries of the reservation, and the authority conferred in
|
0008| any written agreement between the chief of the New Mexico state
|
0009| police and the Navajo tribe may extend beyond the exterior
|
0010| boundaries of the Navajo reservation to and including the area
|
0011| enclosed by the following description:
|
0012| Beginning at a point where the southern boundary line of
|
0013| the Navajo Indian reservation intersects the western
|
0014| right-of-way line of US 666, and running thence; southerly
|
0015| along the western right-of-way line of US 666 to the northerly
|
0016| city limits of Gallup; thence, easterly along the northerly
|
0017| city limits of Gallup to the northern side of the right-of-way
|
0018| of I-40; thence, in an easterly direction along the northerly
|
0019| side of the right-of-way of I-40 to the northerly limits of the
|
0020| village of Prewitt; thence, in a straight line between the
|
0021| northerly boundary of the village of Prewitt to the southerly
|
0022| boundary of Ambrosia Lake; thence in a straight line between
|
0023| the southerly boundary of Ambrosia Lake to the southerly
|
0024| boundary of Hospah; thence, east along a straight line from the
|
0025| southerly boundary of Hospah to the southern boundary of
|
0001| Torreon; thence along the easterly side of the right-of-way of
|
0002| state road 197 to the westerly city limits of Cuba; thence,
|
0003| north along the westerly side of the right-of-way of state road
|
0004| 44 to the southerly boundary of the Jicarilla Apache Indian
|
0005| reservation; thence, westerly along the southerly boundary of
|
0006| the Jicarilla Apache Indian reservation to the southwest corner
|
0007| of that reservation; thence, northerly along the westerly
|
0008| boundary of the Jicarilla Apache Indian reservation to a point
|
0009| where the westerly boundary of the reservation intersects the
|
0010| southerly side of the right-of-way of state road 44; thence,
|
0011| northerly along the southerly side of the right-of-way of state
|
0012| road 44 to its intersection with the northerly side of the
|
0013| right-of-way of Navajo road 3003; thence, along the northerly
|
0014| side of the right-of-way of Navajo road 3003 to a point where
|
0015| the northerly side of the right-of-way of Navajo road 3003
|
0016| intersects the westerly side of the right-of-way line of state
|
0017| road 371; thence, northerly along the west side of the
|
0018| right-of-way of state road 371 to the southerly side of the
|
0019| right-of-way of Navajo road 36; thence, westerly along the
|
0020| southerly side of the right-of-way of Navajo road 36 to the
|
0021| eastern border of the Navajo Indian reservation; thence, along
|
0022| the eastern and southerly borders of the Navajo Indian
|
0023| reservation to the point of beginning.
|
0024| The municipalities of Cuba and Gallup and the villages of
|
0025| Thoreau and Prewitt are excluded from the grant of authority
|
0001| that may be conferred in any written agreement entered into
|
0002| pursuant to provisions of this section; provided, however, any
|
0003| written agreement may include under such grant of authority the
|
0004| communities of Ambrosia Lake, Hospah, Torreon, Lybrook,
|
0005| Nageezi, Counselors and Blanco Trading Post and those
|
0006| communities commonly known as the Wingate community; the Navajo
|
0007| Tribe blue water ranch area of the Thoreau community; the
|
0008| Prewitt community, exclusive of the village of Prewitt; the
|
0009| Haystack community; the Desidero community; the Sand Springs
|
0010| community; the Rincon Marquis community; the Charley Jesus
|
0011| Arviso and the Castillo community; and state road 264 beginning
|
0012| at the point where it intersects US 666 and ending where state
|
0013| road 264 intersects the Arizona-New Mexico state line;
|
0014| (9) the chief of the New Mexico state police
|
0015| or his designee and the tribe or pueblo or the appropriate
|
0016| federal official shall be required to meet at least quarterly
|
0017| or more frequently at the call of the chief of the New Mexico
|
0018| state police to discuss the status of the agreement and invite
|
0019| other law enforcement or other officials to attend as
|
0020| necessary; and
|
0021| (10) as consideration for law enforcement
|
0022| services rendered for the state by tribal or pueblo police
|
0023| officers who are commissioned peace officers pursuant to this
|
0024| section, each tribe or pueblo shall receive from the law
|
0025| enforcement protection fund three hundred dollars ($300) for
|
0001| each commissioned peace officer in the tribe or pueblo. To be
|
0002| counted as a commissioned peace officer for the purposes of
|
0003| this paragraph, a commissioned peace officer shall have been
|
0004| assigned to duty and have worked in New Mexico for no fewer
|
0005| than two hundred days in the calendar year immediately prior to
|
0006| the date of payment. Payments shall be made for only those
|
0007| divisions of the tribal or pueblo police departments that
|
0008| perform services in New Mexico. No Indian nation, tribe or
|
0009| pueblo police department shall be eligible for any disbursement
|
0010| under the fund if officers of that department cite non-Indians
|
0011| into the court of that Indian nation, tribe or pueblo. This
|
0012| eligibility requirement would apply to either civil or criminal
|
0013| citations issued by an Indian nation, tribe or pueblo police
|
0014| department.
|
0015| D. Nothing in this section impairs or affects the
|
0016| existing status and sovereignty of tribes and pueblos of
|
0017| Indians as established under the laws of the United States.
|
0018| E. All persons who are duly commissioned federal
|
0019| law enforcement officers employed by the federal bureau of
|
0020| investigation; drug enforcement administration; bureau of
|
0021| alcohol, tobacco and firearms; United States secret service;
|
0022| United States customs service; immigration and naturalization
|
0023| service; United States marshals service; postal inspection
|
0024| service; and other appropriate federal officers whose primary
|
0025| duty is law enforcement related, [as designated by the chief
|
of the New Mexico state police upon a recommendation by a
|
county sheriff] who are assigned in New Mexico and who are
|
0003| designated by the county sheriff in the county in which they
|
0004| are working, are recognized and authorized to act as New
|
0005| Mexico peace officers and have all the powers of New Mexico
|
0006| peace officers to enforce state laws in New Mexico, including
|
0007| the power to make arrests for violation of state laws. This
|
0008| subsection shall not be construed to impose liability upon or
|
0009| to require indemnification by the state for any act performed
|
0010| by a federal law enforcement officer pursuant to this
|
0011| subsection.
|
0012| F. The provisions of Subsection E of this section
|
0013| regarding designation of federal law enforcement officers by a
|
0014| county sheriff do not apply to federal law enforcement officers
|
0015| who are duly commissioned officers of a police or sheriffs's
|
0016| department for an Indian tribe or pueblo in New Mexico or who
|
0017| are federal law enforcement officers employed by the bureau of
|
0018| Indian affairs."
|
0019| Section 2. EFFECTIVE DATE.--The effective date of the
|
0020| provisions of this act is July 1, 1997.
|
0021| - 8 -
|
0022|
|
0023| FORTY-THIRD LEGISLATURE SB 4/a
|
0024| FIRST SESSION, 1997
|
0025|
|
0001|
|
0002| January 27, 1997
|
0003|
|
0004| Mr. President:
|
0005|
|
0006| Your JUDICIARY COMMITTEE, to whom has been referred
|
0007|
|
0008| SENATE BILL 4
|
0009|
|
0010| has had it under consideration and reports same with
|
0011| recommendation that it DO PASS, amended as follows:
|
0012|
|
0013| 1. On page 7, line 25, enter "sheriff" insert "on a case-by-case
|
0014| basis",
|
0015|
|
0016| and thence referred to the PUBLIC AFFAIRS COMMITTEE.
|
0017|
|
0018| Respectfully submitted,
|
0019|
|
0020|
|
0021|
|
0022|
|
0023| __________________________________
|
0024| Fernando R. Macias, Chairman
|
0025|
|
0001|
|
0002|
|
0003| Adopted_______________________ Not
|
0004| Adopted_______________________
|
0005| (Chief Clerk) (Chief Clerk)
|
0006|
|
0007|
|
0008| Date ________________________
|
0009|
|
0010|
|
0011| The roll call vote was 6 For 1 Against
|
0012| Yes: 6
|
0013| No: Macias
|
0014| Excused: Tsosie
|
0015| Absent: 0
|
0016|
|
0017|
|
0018|
|
0019|
|
0020|
|
0021| S0004JU1 .114966.1
|
0022|
|
0023| FORTY-THIRD LEGISLATURE
|
0024| FIRST SESSION, 1997 SB 4/a
|
0025|
|
0001| February 12, 1997
|
0002|
|
0003| Mr. President:
|
0004|
|
0005| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0006| referred
|
0007|
|
0008| SENATE BILL 4, as amended
|
0009|
|
0010| has had it under consideration and reports same with
|
0011| recommendation that it DO PASS, amended as follows:
|
0012|
|
0013| 1. On page 7, line 24, after the second occurrence of "are"
|
0014| insert "required to be".
|
0015|
|
0016| 2. On page 8, line 4, after the period insert "The
|
0017| department of public safety shall maintain a registry that lists
|
0018| the name and affiliated federal agency of every federal law
|
0019| enforcement officer recognized and authorized to act as a New
|
0020| Mexico peace officer pursuant to the provisions of this
|
0021| subsection.".
|
0022|
|
0023| 3. On page 8, line 11, strike "sheriffs's" and insert in
|
0024| lieu thereof "sheriff's".
|
0025|
|
0001| Respectfully submitted,
|
0002|
|
0003|
|
0004|
|
0005| __________________________________
|
0006| Shannon Robinson, Chairman
|
0007|
|
0008|
|
0009| Adopted_______________________ Not
|
0010| Adopted_______________________
|
0011| (Chief Clerk) (Chief Clerk)
|
0012|
|
0013| Date ________________________
|
0014|
|
0015|
|
0016| The roll call vote was 7 For 0 Against
|
0017| Yes: 7
|
0018| No: 0
|
0019| Excused: Adair, Vernon
|
0020| Absent: None
|
0021|
|
0022|
|
0023| S0004PA1 .115296.1
|
0024|
|
0025| State of New Mexico
|
0001| House of Representatives
|
0002|
|
0003| FORTY-THIRD LEGISLATURE
|
0004| FIRST SESSION, 1997
|
0005|
|
0006|
|
0007| March 15, 1997
|
0008|
|
0009|
|
0010| Mr. Speaker:
|
0011|
|
0012| Your JUDICIARY COMMITTEE, to whom has been referred
|
0013|
|
0014| SENATE BILL 4, as amended
|
0015|
|
0016| has had it under consideration and reports same with
|
0017| recommendation that it DO PASS, amended as follows:
|
0018|
|
0019| 1. On page 1, line 11, after the semicolon insert
|
0020| "AUTHORIZING UNITED STATES PROBATION OFFICERS AND UNITED STATES
|
0021| PRETRIAL SERVICES OFFICERS TO ACT AS NEW MEXICO PEACE OFFICERS;".
|
0022|
|
0023| 2. On page 7, line 21, after the semicolon insert "United
|
0024| States probation department; United States pretrial services
|
0025| agency;".
|
0001|
|
0002| The roll call vote on Amendment #1 was 9 For 2 Against
|
0003| Yes: 9
|
0004| No: M.P. Garcia, Mallory
|
0005| Excused: Luna, Rios
|
0006| Absent: None
|
0007|
|
0008| Respectfully submitted,
|
0009|
|
0010|
|
0011|
|
0012|
|
0013| Thomas P. Foy, Chairman
|
0014|
|
0015|
|
0016| Adopted Not Adopted
|
0017|
|
0018| (Chief Clerk) (Chief Clerk)
|
0019|
|
0020| Date
|
0021|
|
0022| The roll call vote was 10 For 1 Against
|
0023| Yes: 10
|
0024| No: Alwin
|
0025| Excused: Luna, Rios
|
0001| Absent: None
|
0002|
|
0003| .118946.1
|
0004| G:\BILLTEXT\BILLW_97\S0004
|