HOUSE BILL 383

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

David L. Doyle

AN ACT

RELATING TO GOVERNMENTAL CONDUCT; SPECIFYING THE CRIMINAL ACTS THAT QUALIFY AS PUBLIC CORRUPTION OFFENSES; CREATING A PUBLIC CORRUPTION INVESTIGATIONS AND PROSECUTION DIVISION IN THE DEPARTMENT OF PUBLIC SAFETY; AMENDING SECTIONS OF THE NMSA 1978.

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

     SECTION 1. Section 9-19-2 NMSA 1978 (being Laws 1987, Chapter 254, Section 2, as amended) is amended to read:

     "9-19-2. DEFINITIONS.--As used in the Department of Public Safety Act:

          A. "department" means the department of public safety; [and]

          B. "public corruption offense" means:

                (1) violating the ethical principles of public service, as provided in Subsection D of Section 10-16-3 NMSA 1978;

                (2) taking an official act for personal financial interest, as provided in Section 10-16-4 NMSA 1978;

                (3) paying or receiving public money for services not rendered, as provided in Section 30-23-2 NMSA 1978;

                (4) making or permitting false public voucher, as provided in Section 30-23-3 NMSA 1978;

                (5) committing unlawful interest in a public contract, where the value received is more than fifty dollars ($50.00), as provided in Section 30-23-6 NMSA 1978;

                (6) committing bribery of public officer or public employee, as provided in Section 30-24-1 NMSA 1978;

                (7) demanding or receiving bribe by public officer or employee, as provided in Section 30-24-2 NMSA 1978;

                (8) tampering with public records, as provided in Section 30-26-1 NMSA 1978;

                (9) soliciting or receiving illegal kickback, as provided in Section 30-41-1 NMSA 1978; and

                (10) offering or paying illegal kickback, as provided in Section 30-41-2 NMSA 1978; and

          [B.] C. "secretary" means the secretary of public safety."

     SECTION 2. Section 9-19-4 NMSA 1978 (being Laws 1987, Chapter 254, Section 4, as amended) is amended to read:

     "9-19-4. DEPARTMENT ESTABLISHED.--There is created in the executive branch the "department of public safety". The department shall be a cabinet department and shall consist of, but not be limited to, [five] six program divisions, an administrative division and an information technology division as follows:

          A. the New Mexico state police division;

          B. the special investigations division;

          C. the training and recruiting division;

          D. the technical support division;

          E. the administrative services division;

          F. the motor transportation division; [and]

          G. the information technology division; and

          H. the public corruption investigations and prosecution division."

     SECTION 3. Section 9-19-7 NMSA 1978 (being Laws 1987, Chapter 254, Section 7, as amended) is amended to read:

     "9-19-7. ORGANIZATIONAL UNITS OF DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--

          A. The organizational units of the department and the officers of those units specified by law shall have all the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 9-19-6 NMSA 1978. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.

          B. The New Mexico state police division shall consist of the commissioned officers and civilian personnel, including all communications equipment operators, of the New Mexico state police uniform division and the commissioned officers and civilian personnel of the New Mexico state police criminal division and such other personnel as may be assigned by the secretary or by the governor pursuant to an executive order as authorized in the Department of Public Safety Act.

          C. The special investigations division shall consist of the enforcement personnel of the department of alcoholic beverage control and such other personnel as may be assigned by the secretary or by the governor pursuant to an executive order as authorized in the Department of Public Safety Act. The division is responsible for the enforcement of the New Mexico Bingo and Raffle Act and the Liquor Control Act.

          D. The technical support division shall consist of functions such as communications, crime laboratory and records.

          E. The training and recruiting division shall consist of the personnel of the New Mexico law enforcement academy, the New Mexico state police training division and all other training personnel and functions of the department as the secretary may transfer to this division.

          F. The administrative services division shall consist of the administrative services and services divisions of the New Mexico state police and those administrative support personnel of the other existing departments, divisions or offices as the secretary deems necessary.

          G. The public corruption investigations and prosecution division shall consist of functions relating to the investigation and prosecution of public corruption offenses in the state. The division shall have the authority to issue subpoenas for use in any pending cause in any administrative proceeding or in any of the courts of the state, and the subpoenas issued by the division may be enforced through any district court of the state. The division may perform other such duties relating to the investigation and prosecution of public corruption as may be assigned by the governor or the secretary."

- 5 -