SENATE BILL 303

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antoinette Sedillo Lopez

 

 

 

 

 

AN ACT

RELATING TO LAW ENFORCEMENT; PROHIBITING THE USE OF STATE FUNDS AND PROHIBITING LAW ENFORCEMENT ENTITIES THAT RECEIVE STATE FUNDS FROM ENGAGING IN JOINT OPERATIONS OR PROVIDING SUPPORT TO FEDERAL LAW ENFORCEMENT THAT CONCEALS THEIR IDENTITY; PROVIDING A RIGHT OF ACTION; PROVIDING PENALTIES.

 

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

     SECTION 1. [NEW MATERIAL] PROHIBITING STATE FUNDS TO BE USED IN CERTAIN FEDERAL LAW ENFORCEMENT ACTIVITIES.--

          A. Funds appropriated to the department of public safety shall not be expended in support of any joint operation with federal law enforcement officers or other employees or agents of the federal government who conceal their identity while exercising law enforcement authority.

          B. A local government receiving state public safety funds shall not participate in any joint operation with federal law enforcement officers or other employees or agents of the federal government who conceal their identity while exercising law enforcement authority.

          C. The provisions of this section shall not apply when a peace officer in the course of employment:

                (1) conducts an undercover operation sanctioned by the peace officer's law enforcement agency of employment;

                (2) is a member of a special weapons and tactics team and performing special weapons and tactics responsibilities; or

                (3) conducts an explosive recovery and disposal operation to render safe or disassemble an explosive or incendiary device and materials.

          D. A person shall not knowingly use, or cause to be used, state funds in support of any joint operation with federal law enforcement officers or other employees or agents of the federal government who conceal the law enforcement officer's or other employee's or agent's identity while exercising law enforcement authority.

          E. Proof of specific intent to defraud is not required for a violation of this section.

          F. A person who violates this section shall be liable for:

                (1) three times the amount of damages sustained by the state or political subdivision because of the violation;

                (2) a civil penalty of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000) for each violation;

                (3) the costs of a civil action brought to recover damages or penalties; and

                (4) reasonable attorney fees, including the fees of the attorney general, state agency or political subdivision counsel.

          G. A person, the state or a political subdivision of the state may bring a civil action for a violation of this section. The action shall be brought in the name of the state or political subdivision of the state. The person bringing the action shall be referred to as the qui tam plaintiff. On the same day as the complaint is filed, the qui tam plaintiff shall serve the attorney general with a copy of the complaint and written disclosure of substantially all material evidence and information the qui tam plaintiff possesses. The attorney general on behalf of the state or a political subdivision of the state, or a political subdivision on its own behalf, may intervene and proceed with the action within sixty days after receiving the complaint and the material evidence and information.

          H. The state is entitled to all proceeds collected in an action or a settlement pursuant to this section. The state or the political subdivision of the state is entitled to reasonable expenses incurred in the action plus reasonable attorney fees, including the fees of the attorney general or the political subdivision, that shall be paid by the defendant.

          I. The qui tam plaintiff shall receive an amount for reasonable expenses incurred in the action plus reasonable attorney fees that shall be paid by the defendant.

          J. No person, other than the attorney general on behalf of the state or a political subdivision of the state, or a political subdivision on its own behalf, may intervene or bring a related action based on the facts underlying the pending action.

          K. As used in this section:

                (1) "peace officer" means a federal, state or local 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; and

                (2) "undercover operation" means an operation that:

                     (a) is conducted by one or more law enforcement agencies that is focused on a suspect or suspects who are the target of an ongoing criminal investigation;

                     (b) involves one or more peace officers who are covert operatives and whose identities are concealed and kept confidential; and

                     (c) is designed to: 1) obtain information about criminal activity of individuals or organizations through the development of ongoing relationships with individuals or organizations; or 2) effect an arrest.

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