SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILLS 19 & 252

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

 

 

 

 

 

 

 

AN ACT

RELATING TO LAW ENFORCEMENT; ALLOWING THE LAW ENFORCEMENT CERTIFICATION BOARD TO SUMMARILY SUSPEND LAW ENFORCEMENT OFFICERS WHO FAIL TO SUBMIT PROOF OF REQUIRED IN-SERVICE LAW ENFORCEMENT TRAINING PRIOR TO BEGINNING A REVOCATION PROCESS; PROVIDING MECHANISMS TO STRENGTHEN THE LAW ENFORCEMENT AND PUBLIC SAFETY TELECOMMUNICATOR PRO9FESSIONS; CREATING A POLICE OFFICER DATABASE; ENACTING THE USE OF FORCE PROCEDURES ACT; REGULATING THE USE OF PHYSICAL FORCE BY LAW ENFORCEMENT OFFICERS; ESTABLISHING A DUTY FOR OFFICERS TO INTERVENE.

 

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 29-7-3 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 training officer programs, 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] 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;

                     (c) one certified police chief of a New Mexico Indian nation, tribe or pueblo;

                     (d) two New Mexico state-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 New Mexico state- certified law enforcement officer; and

                     (h) a municipal law enforcement manager who is a New Mexico-state certified law enforcement officer in a command position.

          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 appointments. Vacancies on the council shall be filled by appointment by the governor with the consent of the senate for the remainder of 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 3. 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 New Mexico state- certified municipal [peace officer] law enforcement manager in a command position;

                (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 New Mexico state-certified law enforcement officer who has law enforcement management command 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) 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.

          [D.] F. 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.] G. 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.] H. 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.] I. 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.] J. 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.

          K. Internal affairs and other investigation documents provided to or developed by the board for use in a certification case shall remain confidential. A decision of the board is a final agency decision and may be appealed as provided in Section 39-3-1.1 NMSA 1978."

     SECTION 4. 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