Senate Bill 364

SENATE BILL 364

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Cindy Nava and Javier Martínez and Craig W. Brandt

and Michael Padilla and Joseph Cervantes

 

 

 

 

AN ACT

RELATING TO LAW ENFORCEMENT; AMENDING QUALIFICATIONS FOR THE APPOINTMENT OF LAW ENFORCEMENT OFFICERS TO INCLUDE AUTHORIZATION TO WORK BY THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.

 

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

     SECTION 1. Section 29-1-9 NMSA 1978 (being Laws 1891, Chapter 60, Section 1 and Laws 1891, Chapter 60, Section 2, as amended) is amended to read:

     "29-1-9. APPOINTMENT OF PEACE OFFICERS--CITIZENSHIP CERTIFICATE OF APPOINTMENT--EXCEPTIONS.--

          A. No sheriff of a county, mayor of a city or other person authorized by law to appoint special deputy sheriffs, marshals, [policemen] police officers or other peace officers in the state of New Mexico to preserve the public peace and to prevent and quell public disturbances shall appoint as such special deputy sheriff, marshal, [policeman] police officer or other peace officer any person who [shall] is not [be] a citizen of the United States of America or has not been authorized to work by the United States citizenship and immigration services.

          B. No person shall assume or exercise the functions, powers, duties and privileges incident and belonging to the office of special deputy sheriff, marshal, [policeman] police officer or other peace officer without first having received an appointment in writing from a person authorized by law to appoint special deputy sheriffs, marshals, [policemen] police officers or other peace officers; provided that nothing in this section shall apply to lawfully appointed United States marshals or to deputies of those marshals or to railroad peace officers appointed pursuant to Section 63-2-18 NMSA 1978 in the performance of their duties as peace officers.

          C. This section shall not apply in times of riot or unusual disturbance and when so declared by the public proclamation of the governor of the state."

     SECTION 2. Section 29-2-6 NMSA 1978 (being Laws 1941, Chapter 147, Section 6, as amended) is amended to read:

     "29-2-6. QUALIFICATIONS OF MEMBERS.--

          A. Members of the New Mexico state police, except the chief, shall:

                (1) at the time of their appointment, be citizens of the United States or be authorized to work by the United States citizenship and immigration services;

                (2) at the time of their appointment, have reached twenty-one years of age;

                (3) except as otherwise provided in Subsection B of this section, at the time of their appointment, have completed at least sixty hours of college credit or have had two years of military or law enforcement service. This requirement shall not apply to officers who are certified and commissioned as of June 30, 2015 in the former motor transportation division or the former special investigations division;

                (4) be of good moral character and not have been convicted of a felony or infamous crime in the courts of this state or other state or any country or in the federal courts; and

                (5) pass a physical examination that the New Mexico state police may require.

          B. Notwithstanding the requirement of Paragraph (3) of Subsection A of this section, the chief may appoint a member of the New Mexico state police who has at least thirty hours of college credit, and the chief shall determine an appropriate time period after appointment for the member to complete the additional thirty hours of college credit required. This provision shall not apply to officers who are certified and commissioned as of June 30, 2015 in the former motor transportation division or the former special investigations division."

     SECTION 3. Section 29-7-6 NMSA 1978 (being Laws 1993, Chapter 255, Section 6) is amended to read:

     "29-7-6. QUALIFICATIONS FOR CERTIFICATION.--

          A. An applicant for certification shall provide evidence satisfactory to the board that [he] the applicant:

                (1) is a citizen of the United States or has been authorized to work by the United States citizenship and immigration services and has reached the age of majority;

                (2) holds a high school diploma or the equivalent;

                (3) holds a valid driver's license;

                (4) has not been convicted of or pled guilty to or entered a plea of nolo contendere to any felony charge or, within the three-year period immediately preceding [his] the application, to any violation of any federal or state law or local ordinance relating to aggravated assault, theft, driving while intoxicated, controlled substances or other crime involving moral turpitude and has not been released or discharged under dishonorable conditions from any of the armed forces of the United States;

                (5) after examination by a licensed physician, is free of any physical condition that might adversely affect [his] the applicant's performance as a police officer or prohibit [him] the applicant from successfully completing a prescribed basic law enforcement training required by the Law Enforcement Training Act;

                (6) after examination by a certified psychologist, is free of any emotional or mental condition that might adversely affect [his] performance as a police officer or prohibit [him] the applicant from successfully completing a prescribed basic law enforcement training required by the Law Enforcement Training Act;

                (7) is of good moral character;

                (8) has met any other requirements for certification prescribed by the board pursuant to regulations adopted by the board; and

                (9) has previously been awarded a certificate of completion by the director attesting to the applicant's completion of an approved law enforcement training program.

          B. A person employed as a police officer by any law enforcement agency in this state shall forfeit [his] the person's position unless, no later than twelve months after beginning [his] employment as a police officer, the person satisfies the qualifications for certification set forth in Subsection A of this section and is awarded a certificate attesting to that fact."