44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO LAW ENFORCEMENT; AUTHORIZING THE EMPLOYMENT OF PUBLIC SCHOOL POLICE OFFICERS; ESTABLISHING THE POWERS OF PUBLIC SCHOOL POLICE OFFICERS.

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

Section 1. Section 29-5-2 NMSA 1978 (being Laws 1968, Chapter 62, Section 154, as amended) is amended to read:

"29-5-2. EDUCATIONAL INSTITUTIONS--[UNIVERSITY] POLICE OFFICERS' TRAINING AND CERTIFICATION REQUIREMENTS.--

A. The board of regents of each state educational institution designated in Article 12, Section 11 of the constitution of New Mexico [may employ and assign duties of university police officers for the institution] or a local school board in a school district with an enrollment in excess of thirty-five thousand students may employ and assign duties to police officers. Police officers employed by the board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico shall be identified as "university police officers". Police officers employed by a local school board in a school district with an enrollment in excess of thirty-five thousand students shall be identified as "public school police officers". A university police officer or public school police officer shall comply with the training and certification requirements set forth in Chapter 29, Article 7 NMSA 1978.

B. At all times while on duty, university police officers shall carry commissions of office issued by the board of regents. University police officers have the powers of peace officers within the exterior boundaries of lands under control of the board of regents employing them, including public streets and highways within [such] the boundaries. Within this territory, a university police officer may enforce all applicable laws, ordinances and campus traffic regulations, but no arrest for violation of any law, ordinance or campus traffic regulation relating to motor vehicles is valid unless, at the time of arrest, the university police officer is wearing:

(1) a distinctive badge bearing the name of the institution, issued to him by the board of regents; or

(2) a distinctive uniform prescribed and issued to him by the board of regents.

C. At all times while on duty, public school police officers shall carry commissions of office issued by the local school board. Public school police officers have the powers of peace officers within the exterior boundaries of lands under the control of the local school board employing them, including public streets and highways within the boundaries. Within this territory, a public school police officer may enforce all applicable laws, ordinances and local school board rules and policies, but no arrest for violation of any law, ordinance or local school board rule or policy relating to motor vehicles is valid unless, at the time of the arrest, the public school police officer is wearing:

(1) a distinctive badge bearing the name of the school district, issued to him by the local school board; or

(2) a distinctive uniform prescribed and issued to him by the local school board."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.