0001|                           SENATE BILL 536
    |
0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
    |
0003|                            INTRODUCED BY
    |
0004|                            L. SKIP VERNON
    |
0005|     
    |
0006|                                   
    |
0007|     
    |
0008|                                   
    |
0009|     
    |
0010|                                AN ACT
    |
0011|     RELATING TO LAW ENFORCEMENT; PROVIDING FOR THE COMMISSIONING OF
    |
0012|     LAW ENFORCEMENT ACADEMY PERSONNEL AS PEACE OFFICERS; REMOVING A
    |
0013|     DEFINITION OF COMMISSIONED.
    |
0014|     
    |
0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0016|          Section 1.  Section 29-7-5 NMSA 1978 (being Laws 1969,
    |
0017|     Chapter 264, Section 7, as amended) is amended to read:
    |
0018|          "29-7-5.  POWERS AND DUTIES OF THE DIRECTOR.--
    |
0019|               <u>A.</u>   The director shall:
    |
0020|                    <s>[A.]</s> <u>(1)</u>  be the chief executive officer of
    |
0021|     the academy and employ necessary personnel;
    |
0022|                    <s>[B.]</s> <u>(2)</u>  issue a certificate of completion
    |
0023|     to any person who graduates from an approved basic law
    |
0024|     enforcement training program and who satisfies the
    |
0025|     qualifications for certification as set forth in Section 29-7-6
    |
0001|     NMSA 1978;
    |
0002|                    <s>[C.]</s> <u>(3)</u>  perform all other acts necessary
    |
0003|     and appropriate to the carrying out of his duties;
    |
0004|                    <s>[D.]</s> <u>(4)</u>  act as executive secretary to the
    |
0005|     board;
    |
0006|                    <s>[E.]</s> <u>(5)</u>  carry out the policy as set by
    |
0007|     the board; and
    |
0008|                    <s>[F.]</s> <u>(6)</u>  annually evaluate the courses of
    |
0009|     instruction being offered by the academy and make necessary
    |
0010|     modifications and adjustments to the programs.
    |
0011|               <u>B.  The director and appropriate employees may be
</u>    |
<u></u>0012| <u>    commissioned as peace officers in the performance of their
</u>    |
<u></u>0013| <u>    duties.</u>"
    |
0014|          Section 2.  Section 29-7-7 NMSA 1978 (being Laws 1981,
    |
0015|     Chapter 114, Section 6, as amended) is amended to read:
    |
0016|          "29-7-7.  DEFINITIONS.--For the purpose of the Law
    |
0017|     Enforcement Training Act:
    |
0018|               A.  "academy" means the New Mexico law enforcement
    |
0019|     academy;
    |
0020|               B.  "basic law enforcement training" means a course
    |
0021|     consisting of not less than four hundred hours of instruction
    |
0022|     in basic law enforcement training as required by the Law
    |
0023|     Enforcement Training Act;
    |
0024|               C.  "board" means the New Mexico law enforcement
    |
0025|     academy board;
    |
0001|               D.  "conviction" means an adjudication of guilt or a
    |
0002|     plea of no contest and includes convictions that are suspended
    |
0003|     or deferred;
    |
0004|               E.  "director" means the director of the academy;
    |
0005|               F.  "in-service law enforcement training" means a
    |
0006|     course of instruction required of all certified peace officers
    |
0007|     designed to train and equip all police officers in the state
    |
0008|     with specific law enforcement skills and to ensure the
    |
0009|     continuing development of all police officers in the state. 
    |
0010|     The training and instruction shall be kept current and may be
    |
0011|     conducted on a regional basis at the discretion of the
    |
0012|     director;
    |
0013|               G.  "police officer" means any commissioned employee
    |
0014|     of a law enforcement agency that is part of or administered by
    |
0015|     the state or any political subdivision of the state and which
    |
0016|     employee is responsible for the prevention and detection of
    |
0017|     crime or the enforcement of the penal or traffic or highway
    |
0018|     laws of this state.  The term specifically includes deputy
    |
0019|     sheriffs.  Sheriffs are eligible to attend the academy and are
    |
0020|     eligible to receive certification as provided in the Law
    |
0021|     Enforcement Training Act <s>[As used in this subsection,
</s>    |
<s></s>0022| <s>    "commissioned" means an employee of a law enforcement agency
</s>    |
<s></s>0023| <s>    who is authorized by a sheriff or chief of police to apprehend,
</s>    |
<s></s>0024| <s>    arrest and bring before the court all violators within the
</s>    |
<s></s>0025| <s>    state]</s>; and
    |
0001|               H.  "certified regional law enforcement training
    |
0002|     facility" means a law enforcement training facility within the
    |
0003|     state certified by the director, with the approval of the
    |
0004|     academy's board of directors, that offers basic law enforcement
    |
0005|     training and in-service law enforcement training that is
    |
0006|     comparable to or exceeds the standards of the programs of the
    |
0007|     academy."
    |
0008|          Section 3.  EFFECTIVE DATE.--The effective date of the
    |
0009|     provisions of the provisions of this act is July 1, 1997.
    |
0010|                            - 4 -
    |