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F I S C A L I M P A C T R E P O R T
SPONSOR Ortiz y Pino
ORIGINAL DATE
LAST UPDATED
3/1/07
HB
SHORT TITLE Civil & Human Rights Leaders, In Honor
SB SJM 65
ANALYST Wilson
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates SM 58
SOURCES OF INFORMATION
LFC Files
SUMMARY
Synopsis of Bill
Senate Joint Memorial 65 supports the creation of human and civil rights standards as they are
essential for a nonbarbaric society and honors Dr. Martin Luther King, Jr., Cesar Chavez, Reyes
Lopez Tijerina and Rudolfo “Corky" Gonzales.
The New Mexico legislative council is requested to establish an interim human and civil rights
task force composed of state senators and representatives who support human and civil rights and
human and civil rights advocates to examine, individually and separately, each and every
concern set forth in this memorial and make recommendations to the appropriate interim
legislative committee for the enactment of laws to protect human and civil rights.
FISCAL IMPLICATIONS
NFI
SIGNIFICANT ISSUES
The state of New Mexico expresses complete support of the law enforcement professions and the
officers involved in law enforcement professions.
pg_0002
Senate Joint Memorial 65 – Page
2
The state of New Mexico upholds human and civil rights inherent in its statutes, rules and
policies. Violators of human and civil rights must be held accountable.
The number of citizen complaints of excessive useof force among law enforcement and security
officers is not generally known to the public and elected officials due to the unofficial code of
silence pervasive in law enforcement and lawenforcement agencies.
Governmental entities that are not home-rule municipalities lack enabling legislation to establish
independent law enforcement oversight with appropriate authority to determine violations on the
part of law enforcement officers, including police chiefs, sheriffs, upper levels of law
enforcement agencies and private security guards,whether or not contracted by governmental
entities.
Most unjustified use of force cases that are the equivalent of battery are not reported to the
district attorney for criminal prosecution, and there is reluctance by district attorney offices to
prosecute law enforcement officers for theunjustified use of force resulting in criminal assault
andbattery and aggravated battery.
There are few or minimal penalties in municipalities and counties for law enforcement and
security officers who use excessive force.
The standard disciplinary measure applied to law enforcement officers found to have used
excessive force resulting in injury or serious injury is usually a verbal or written reprimand and
does not match the seriousness of the offense.
A verbal or written reprimand as a penalty against a law enforcement officer who is found to
have used excessive force resulting in injury or serious injury is an inadequate response to such
unprofessional behavior by officer.
The number of law enforcement and security officers being disciplined is not a sufficient
standard to determine the actual number of instances of excessive use of force by law
enforcement and security officers.
The city of Albuquerque and the Albuquerque police officers association have agreed to a
contract that prohibits the discipline of law enforcement officers when found liable in a court of
law of excessive use of force.
DUPLICATION
SJM 65 duplicates SM 58.
TECHNICAL ISSUES
The title mentions honoring Dr. Martin Luther King, Jr., Cesar Chavez, Reyes Lopez Tijerina
and Rudolfo “Corky" Gonzales, but there is no other mention of them in the memorial.
DW/mt