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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

SM 58

ANALYST Wilson

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SJM 65

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

Senate Memorial 58 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.

Senate Memorial 58 – 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

SM 58 duplicates SJM 65.

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