Analysis

Synopsis:

 Senate Bill 267 (SB 267) changes sections of the NMSA 1978 to add members of the New Mexico Mounted Patrol to definitions or categories of law enforcement officers. SB 267 provides for insurance costs for members of the New Mexico Mounted Patrol. SB 267 prohibits arrests for traffic violations if not in uniform. SB 267 provides exceptions. SB 267 makes a nonrecurring appropriation from the General Fund to the Risk Management Division of the General Services Department for the fiscal year 2022.

Analysis:

 Senate Bill 267 (SB 267) makes a ninety-four thousand five-hundred sixty dollar ($94,560) appropriation from the General Fund to the Risk Management Division of the General Services Department for the fiscal year 2022 for:
•	the costs of general liability, civil rights, tort claims, and workers' compensation insurance coverage for members of the New Mexico Mounted Patrol. 

Any balance remaining at the end of FY2022 will revert to the General Fund.


Changed Law: Criminal Procedure Act-Definitions, Section 31-1-2 NMSA 1978.

Changed Subsection (F):

Police Officer, Law Enforcement Officer, Peace Officer or officer now means:

•	(1) any full-time salaried or certified part-time salaried officer who by virtue of office or public employment is vested by law with the duty to maintain the public peace; or 
•	New: (2) a member of the New Mexico Mounted Patrol who has satisfactorily completed a basic law enforcement training program pursuant to Section 29-6-4.1 NMSA 1978; and who has been requested to provide law enforcement assistance by the New Mexico State Police or another law enforcement or state regulatory agency pursuant to Sections 29-6-4 and 29-6-5 NMSA 1978.


Changed Law: Magistrate Costs-Advance Payment, Section 35-6-3 NMSA 1978.

Changed Subsection (B):

SB 267 requires any person filing a complaint in a criminal action in the magistrate court to pay in advance, the costs required by law to be collected by magistrates, except no costs will be collected for filing a complaint from: 

•	(1) a person in a criminal action alleging domestic violence;

•	(2) a campus security officer; 

•	(3) a municipal police officer; 

•	(4) an Indian tribal or pueblo law enforcement officer;

•	(5) a full-time, salaried county or state law enforcement officer; or 

•	New: (6) a member of the New Mexico Mounted Patrol who has satisfactorily completed a basic law enforcement training program pursuant to Section 29-6-4.1 NMSA 1978; and who has been requested to provide law enforcement assistance by the New Mexico State Police or another law enforcement or state regulatory agency pursuant to Sections 29-6-4 and 29-6-5 NMSA 1978.


Changed Law: Tort Claims Act-Definitions, Section 41-4-3 NMSA 1978.

Changed Subsection (D):

 Law Enforcement Officer now means: 

•	(1) a full-time salaried public employee of a governmental entity, or a certified part-time salaried police officer employed by a governmental entity, whose principal duties under law are to hold in custody any person accused of a criminal offense, to maintain public order or to make arrests for crimes; 

•	(2) members of the National Guard when called to active duty by the governor; or

•	New: (3) a member of the New Mexico Mounted Patrol who has satisfactorily completed a basic law enforcement training program pursuant to Section 29-6-4.1 NMSA 1978; and who has been requested to provide law enforcement assistance by the New Mexico State Police or another law enforcement or state regulatory agency pursuant to Sections 29-6-4 and 29-6-5 NMSA 1978.


Changed Law: Arresting Officer to Be in Uniform, Section 66-8-124 NMSA 1978.

Changed Subsection (A):

No person will be arrested for violating the Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor, except by:

(1) a commissioned, salaried peace officer who, at the time of arrest, is wearing a uniform clearly indicating the peace officer's official status; or 

New:
(2) a member of the New Mexico Mounted Patrol who has satisfactorily completed a basic law enforcement training program pursuant to Section 29-6-4.1 NMSA 1978, who:
•	has been requested to provide law enforcement assistance by the New Mexico State Police or another law enforcement or state regulatory agency pursuant to Sections 29-6-4 and 29-6-5 NMSA 1978; and, at the time of arrest is wearing a uniform clearly indicating the member's official status.


Changed Law: Arrest Without Warrant, Section 66-8-125 NMSA 1978.

Changed Subsection (A)(3):

SB 267 allows members of the New Mexico State Police, sheriffs and their salaried deputies, members of any municipal police force and members of the New Mexico Mounted Patrol who have satisfactorily completed a basic law enforcement training program pursuant to Section 29-6-4.1 NMSA 1978; and who have been requested to provide law enforcement assistance by the New Mexico State Police or another law enforcement or state regulatory agency pursuant to Sections 29-6-4 and 29-6-5 NMSA 1978, to:

•	arrest without warrant any person charged with a crime in another jurisdiction, upon receipt of a message giving the name or a reasonably accurate description of the person wanted, the crime alleged, and a statement that the person is likely to flee the jurisdiction of this state.

SB 267 also changes Subsection (C):

Prohibits members of the New Mexico State Police, sheriffs and their salaried deputies, members of any municipal police force and members of the New Mexico Mounted Patrol who have satisfactorily completed a basic law enforcement training program pursuant to Section 29-6-4.1 NMSA 1978; and who have been requested to provide law enforcement assistance by the New Mexico state police or another law enforcement or state regulatory agency pursuant to Sections 29-6-4 and 29-6-5 NMSA 1978:
•	from arresting for traffic violations if not in uniform.
•	Nothing in this section will be construed to prohibit the arrest, without warrant, by a peace officer of any person when probable cause exists to believe that a felony crime has been committed or in non-traffic cases.

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