46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO LAW ENFORCEMENT; PROVIDING RESERVE LAW ENFORCEMENT OFFICERS CERTIFIED BY THE NEW MEXICO LAW ENFORCEMENT ACADEMY WITH AUTHORITY TO MAKE ARRESTS FOR CERTAIN OFFENSES RELATED TO MOTOR VEHICLES; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 66-8-124 NMSA 1978 (being Laws 1961, Chapter 213, Section 3, as amended) is amended to read:

"66-8-124. ARRESTING OFFICER TO BE IN UNIFORM.--

A. [No] A person shall not be arrested for violating the Motor Vehicle Code or any other law relating to motor vehicles [punishable as] that is a misdemeanor offense, except by a commissioned, salaried peace officer or a reserve law enforcement officer who is certified by the New Mexico law enforcement academy who, at the time of arrest, is wearing a uniform clearly indicating his official status.

B. Notwithstanding the provisions of Subsection A of this section, a municipality may provide by ordinance that uniformed private security guards may be commissioned by the local police agency to issue parking citations for violations of clearly and properly marked fire zones and handicapped zones. Prior to the commissioning of any security guard, the employer of the security guard shall agree in writing with the local police agency to [said] the commissioning of the employer's security guard. The employer of [any] a security guard commissioned [under] pursuant to the provisions of this section shall be liable for the actions of that security guard in carrying out his duties pursuant to that commission. Notwithstanding the provisions of the Tort Claims Act, private security guards commissioned [under] pursuant to this section shall not be deemed public employees [under] pursuant to that act."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.