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F I S C A L I M P A C T R E P O R T
SPONSOR Madalena
DATE TYPED 2/18/05
HB 793
SHORT TITLE County Sheriff Appointment of Deputies
SB
ANALYST Wilson
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
SOURCES OF INFORMATION
LFC Files
Responses Received From
Administrative Office of the District Attorneys (AODA)
Attorney General’s Office (AGO)
SUMMARY
Synopsis of Bill
House Bill 793 amends current law by adding “New Mexico” when referencing state police and
chief of police and adds the term “Nation” when the statute references tribes and pueblos.
The bill also changes a right of way line from US 666 to US 491.
This bill does not limit, impair or nullify the authority of county sheriffs to appoint pursuant to
existing law duly commissioned state or federally certified officers who are employees of a po-
lice or sheriff's department of an Indian nation, tribe or pueblo in New Mexico or who are federal
law enforcement officers employed by the bureau of Indian affairs as deputy sheriffs authorized
to enforce New Mexico criminal and traffic law.
Significant Issues
The AODA states that this bill codifies current practice in New Mexico.
pg_0002
House Bill 793-- Page 2
OTHER SUBSTANTIVE ISSUES
The AGO provided the following:
An additional clarification that may be appropriate would be to add language to
subsections C(3) and (4) making any suspension be in writing and distributed to
the Indian nation, tribe or pueblo and the chief of the New Mexico state police.
Another clarification that may be needed in reference to section D, is to add lan-
guage at the end as established under the laws of the United States”, and cite spe-
cifically 18 U.S.C. Sec 1151.
DW/yr