HOUSE BILL 318
51st legislature - STATE OF NEW MEXICO - second session, 2014
INTRODUCED BY
William "Bill" R. Rehm and Carrol H. Leavell
AN ACT
RELATING TO LAW ENFORCEMENT TRAINING; REVISING REQUIREMENTS FOR LAW ENFORCEMENT IN-SERVICE TRAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 29-7-4.1 NMSA 1978 (being Laws 2002, Chapter 34, Section 3 and Laws 2002, Chapter 35, Section 3) is amended to read:
"29-7-4.1. DOMESTIC ABUSE INCIDENT TRAINING.--Domestic abuse incident training shall be included in the curriculum of each basic law enforcement training class. Domestic abuse incident training [shall] may be included as a component of in-service training each year for certified police officers."
SECTION 2. Section 29-7-4.2 NMSA 1978 (being Laws 2011, Chapter 49, Section 1) is amended to read:
"29-7-4.2. CHILD ABUSE INCIDENT TRAINING.--Child abuse incident training shall be included in the curriculum of each basic law enforcement training class. Child abuse incident training [shall] may be included as a component of in-service training each year for certified police officers."
SECTION 3. Section 29-7-7.3 NMSA 1978 (being Laws 2007, Chapter 89, Section 1) is amended to read:
"29-7-7.3. ENSURING CHILD SAFETY UPON ARREST--TRAINING.--Training for ensuring child safety upon the arrest of a parent or guardian shall be included in the curriculum of each basic law enforcement training class and may be included as a component of in-service training each year for certified police officers."
SECTION 4. Section 29-7-7.4 NMSA 1978 (being Laws 2010, Chapter 33, Section 1) is amended to read:
"29-7-7.4. MISSING PERSON AND AMBER ALERT TRAINING.--A minimum of four hours of combined missing person and AMBER alert training shall be included in the curriculum of each basic law enforcement training class. Missing person and AMBER alert training [shall] may be included as a component of in-service training each year for certified police officers."
SECTION 5. Section 29-7-7.5 NMSA 1978 (being Laws 2011, Chapter 180, Section 1) is amended to read:
"29-7-7.5. INTERACTION WITH PERSONS WITH MENTAL IMPAIRMENTS--TRAINING.--
A. A minimum of forty hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, shall be included in the curriculum of each basic law enforcement training class.
B. [A minimum of] Two hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, [shall] may be included as a component of in-service law enforcement training pursuant to Section
29-7-7.1 NMSA 1978.
C. A pre-recorded course on crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, shall not satisfy the requirements of the basic law enforcement training class required pursuant to Subsection A of this section.
D. As used in this section, "mental impairment" includes a mental illness, developmental disability, posttraumatic stress disorder, dual diagnosis, autism, youth in crisis and traumatic brain injury."
SECTION 6. Section 29-11-5 NMSA 1978 (being Laws 1978, Chapter 27, Section 5, as amended) is amended to read:
"29-11-5. SEXUAL CRIMES PROSECUTION AND TREATMENT PROGRAM.--
A. The administrator shall develop, with the cooperation of the [criminal justice] corrections department, the New Mexico state police, the New Mexico law enforcement academy, other authorized law enforcement agencies and existing community-based victim treatment programs, a statewide comprehensive plan to train law enforcement officers and criminal justice and medical personnel in the ability to deal with sexual crimes; to develop strategies for prevention of such crimes; to provide assistance in the assembly of evidence for the facilitation of prosecution of such crimes; and to provide medical and psychological treatment to victims of such crimes. This plan shall include, but not be limited to:
(1) education and training of law enforcement officers and criminal justice and medical personnel;
(2) collection, processing and analysis of evidence [which] that facilitates prosecution of suspects of sexual crimes; and
(3) medical and psychological treatment of victims of such crimes.
B. The comprehensive plan shall be implemented throughout the state, and the administrator may contract with appropriate persons, entities, agencies or community-based programs to provide the services to be rendered pursuant to Subsection A of this section and may pay a reasonable fee for [such] the services.
C. Nothing in this section shall be construed to require criminal prosecution of a suspect of a sexual crime by the victim to whom services are rendered pursuant to the provisions of the Sexual Crimes Prosecution and Treatment Act.
D. Training for law enforcement officers in the proper treatment of victims of sexual crimes and collection of evidence and coordination among agencies shall be incorporated in the regular training program for recruits by the New Mexico state police and the basic course taught by the New Mexico law enforcement academy or by other authorized law enforcement agencies. Already commissioned officers and sex-crime investigators [shall] may receive advanced training through in-service programs."
SECTION 7. Section 29-20-3 NMSA 1978 (being Laws 2003, Chapter 260, Section 3) is amended to read:
"29-20-3. POLICE TRAINING.--
A. No later than December 31, 2004, the New Mexico law enforcement academy board shall develop and incorporate into the basic law enforcement training required pursuant to the Law Enforcement Training Act a course of instruction of at least sixteen hours concerning the safe initiation and conduct of high speed pursuits.
B. The course of instruction shall emphasize the importance of protecting the public at all times and the need to balance the known offense and risk posed by a fleeing suspect against the danger to law enforcement officers and other people by initiating a high speed pursuit.
C. The course of instruction shall include adequate consideration of each of the following subjects:
(1) when to initiate a high speed pursuit;
(2) when to terminate a high speed pursuit;
(3) evaluating risks due to conditions of the vehicle, driver, roadway, weather and traffic during a high speed pursuit;
(4) evaluating dangers to uninvolved motorists and bystanders during a high speed pursuit;
(5) the number of law enforcement units permitted to participate in the high speed pursuit;
(6) the responsibilities of primary, secondary and supervisory law enforcement units during a high speed pursuit;
(7) proper communication and coordination procedures when a high speed pursuit enters another law enforcement agency's jurisdiction, including a tribal jurisdiction;
(8) driving tactics during a high speed pursuit;
(9) communications during a high speed pursuit;
(10) capture of suspects following a high speed pursuit;
(11) supervisory responsibilities during a high speed pursuit;
(12) use of blocking, ramming, boxing and roadblocks as high speed pursuit tactics;
(13) use of alternative methods and technologies for apprehending suspects during a high speed pursuit; and
(14) preparing a report and evaluation and analysis of a high speed pursuit after it has concluded.
D. The New Mexico law enforcement academy board shall develop the program of instruction, learning and performance objectives and standards for training in conjunction with appropriate groups and individuals that have an interest in and expertise regarding high speed pursuits, including law enforcement agencies, law enforcement academy instructors, experts on the subject and members of the public.
[E. In-service law enforcement training, as required pursuant to Section 29-7-7.1 NMSA 1978, shall include at least four hours of instruction that conform with the requirements set forth in Subsection C of this section.
F.] E. Each certified regional law enforcement training facility shall incorporate into its basic law enforcement training [and in-service law enforcement training] a course of training in the safe initiation and conduct of high speed pursuits that is comparable to or exceeds the standards of the course of instruction developed by the New Mexico law enforcement academy board."
SECTION 8. Section 31-18B-5 NMSA 1978 (being Laws 2003, Chapter 384, Section 5) is amended to read:
"31-18B-5. HATE CRIMES--LAW ENFORCEMENT TRAINING.--
A. No later than December 31, 2003, the New Mexico law enforcement academy board shall develop and incorporate into the basic law enforcement training required, pursuant to the Law Enforcement Training Act, a course of instruction at least two hours in length concerning the detection, investigation and reporting of a crime motivated by hate.
B. The New Mexico law enforcement academy board shall develop a course of instruction, learning and performance objectives and training standards, in conjunction with appropriate groups and individuals that have an interest in and expertise regarding crimes motivated by hate. The groups and individuals shall include law enforcement agencies, law enforcement academy instructors, experts on crimes motivated by hate and members of the public.
[C. In-service law enforcement training, as required pursuant to Section 29-7-7.1 NMSA 1978, shall include at least two hours of instruction that conform with the requirements set forth in Subsection B of this section.
D.] C. Each certified regional law enforcement training facility shall incorporate into its basic law enforcement training [and in-service law enforcement training] a course of training described in Subsection B of this section that is comparable to or exceeds the standards of the course of instruction developed by the New Mexico law enforcement academy board."
SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.
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