SENATE BILL 22

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO COUNTIES; PROVIDING FOR QUALIFICATIONS TO SERVE AS SHERIFF.

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

     SECTION 1. A new section of Chapter 4, Article 41 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHERIFF--QUALIFICATIONS.--

          A. In addition to other requirements imposed by law, in order to be elected or appointed as a sheriff, a person shall meet the following qualifications:

                (1) have at least five years of professional law enforcement experience that may include military law enforcement experience;

                (2) be a resident of the state for one year and of the county for which the person is seeking to be elected or appointed sheriff;

                (3) hold a certificate attesting to completion of a basic law enforcement training program pursuant to Section 29-7-6.1 NMSA 1978; and

                (4) not have been recalled from public office.

          B. A voter may challenge the candidacy for election to the office of sheriff of any person seeking nomination on the grounds that the person seeking nomination does not meet the qualification requirements of Subsection A of this section. The challenge shall be made by filing a petition in the district court within ten days after the day for filing a declaration of candidacy, which petition shall be heard in the same manner as provided in Subsection F of Section 1-8-26 NMSA 1978."

     SECTION 2. CONTINGENT EFFECTIVE DATE.--The provisions of this act shall become effective upon certification by the secretary of state that Article 7, Section 2 of the constitution of New Mexico has been amended as proposed by a joint resolution of the fifty-third legislature, first session, to provide for qualifications to hold the office of county sheriff, except in H class counties.

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