Summary:

 House Bill 485 (HB 485) enacts the School Marshal Act and provides powers and duties. HB 485 requires qualifications, training and law enforcement certification. HB 485 requires the New Mexico law enforcement standards and training council to develop a school marshal training  course. HB 485 allows school marshals to carry concealed weapons. 

Legislation Overview:

 House Bill 485 in SECTION 1 adds a new section of the Public School Code to specify Sections 1 through 5 of this act may be cited as the School Marshal Act (Act). 
SECTION 2 provides definitions as used in the Act.
SECTION 3 to add a new section of the Public School Code to create the School Marshal Program.
A. A school district may employ school marshals who meet the requirements for school security personnel. School marshals shall be trained by the New Mexico law enforcement academy or in a program approved by the academy and certified as a school marshal by the law enforcement certification board. 
B. To be eligible to serve as a school marshal, the school employee shall: (1) have a license to carry a concealed handgun; and (2) meet other qualifications required for school security personnel. 
C. A school marshal shall carry a firearm only with the permission of the local school board and the public school insurance authority. 
D. A school marshal shall act only as necessary to prevent or stop the commission of an offense that threatens serious bodily injury or death of persons on public school property. 
SECTION 4 adds a new section of the Public School Code to specify local school board powers and duties for the Program.
A. To implement a Program, the local school board shall: 
(1) ensure that a school district employee who is appointed as a school marshal meets the qualifications provided in the Act, in Section 22-10A-40 NMSA 1978 and in rules promulgated by the department or the local school board; and 
(2) notify the department. 
B. The local school board, in consultation with the public school insurance authority, shall promulgate a policy describing a school marshal's duties and responsibilities. The policy shall: 
- provide procedures and alternate procedures for how a school marshal possesses, carries and stores a firearm on school premises; 
- specify the types of firearms, ammunition, and other related equipment that a school marshal is authorized to possess, carry and store on school premises; and 
- specify requirements regarding additional professional development and training. 
C. A school marshal is not entitled to accrue retirement benefits from the educational retirement board or the public employees retirement association. 
D. A person's status as a school marshal ends if: 
(1) the person's license to carry a concealed weapon is suspended or revoked;
(2) the person has received formal discipline for the use of excessive force or misconduct or is convicted of behavior or crimes listed in this paragraph;
(3) the person no longer meets the qualifications to be eligible as a school marshal or the qualifications required for school security personnel; or
(4) the person's employment with the school district ends. 
SECTION 5 adds a new section of the Public School Code to direct the school board to provide the school marshal’s .
name, date of birth and address of the school marshal's place of employment to: 
- the department and the public school insurance authority; 
- the law enforcement certification board; and 
- all applicable law enforcement and safety agencies in the school district and, in the case of a school district that has a public school located within the boundaries of a federally recognized Indian nation, tribe or pueblo, the chief tribal law enforcement officer. 
SECTION 6 amends School Security Personnel as follows:
A(5) amends the definition of “school security personnel” to insert “or on contract” and to insert   “includes school marshals” along with other law enforcement officers.
Subsection C regarding rules pertaining to persons prohibited from employment as school personnel, updates this subsection to insert the legal code: Subsection A of Section 28-2-4 NMSA 1978. The previous code reference is deleted. 
SECTION 7 adds a new section of the Law Enforcement Training Act to provide that the council shall develop curriculum and standards for training of school marshals. The curriculum shall contain the elements, procedures and strategies listed in this Section.
SECTION 8 amends Unlawful Carrying of a Deadly Weapon on School premises in Subsection A (1) to insert “or a school marshal or other law enforcement officer.
SECTION 9 makes the effective date July 1, 2025.