SENATE BILL 450

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

INTRODUCED BY

Cisco McSorley

AN ACT

RELATING TO LAW ENFORCEMENT; CREATING THE USE OF FORCE REVIEW BOARD; PROVIDING DUTIES AND POWERS; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] USE OF FORCE--USE OF FORCE REVIEW BOARD--DUTIES--POWERS.--

          A. A use of force incident is an incident in which a law enforcement officer uses force that results in or causes great bodily harm to or the death of another person. All incidents of use of force shall be reported to the use of force review board created in Subsection B of this section. For the purpose of this section, "great bodily harm" means an injury to the person that creates a high probability of death; that causes serious disfigurement; or that results in permanent or protracted loss or impairment of the function of any member or organ of the body. 

          B. The "use of force review board" is created and is administratively attached to the administrative office of the courts.

          C. The use of force review board consists of five members appointed to four-year terms that begin on July 1, 2017, as follows:

                (1) two members who are retired judges, appointed by the New Mexico supreme court;

                (2) one member who is a retired law enforcement officer, appointed by the secretary of public safety;

                (3) one member who is a retired public defender, appointed by the chief public defender; and

                (4) one member who is a retired district attorney, appointed by the director of the administrative office of the district attorneys.

          D. A vacancy on the board shall be filled by the original appointing authority as soon as practicable for the remainder of the term. The board members shall elect one member to serve as chair of the board. Three members shall constitute a quorum for the purpose of action by the board. The board shall meet at the call of the chair or when the board receives notice of a use of force incident from a law enforcement agency.

          E. A member may receive per diem and mileage as provided for in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance for service on the board.

          F. Upon receipt of notice of a use of force incident from a law enforcement agency, the board shall meet, conduct a review of the incident and make a determination as to whether the use of force in the incident was justified. If the board determines that the use of force was not justified, it shall appoint a special prosecutor to bring the matter to a preliminary hearing.

     SECTION 2. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2018 to support the use of force review board in its duties provided in Section 1 of this 2017 act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2018 shall not revert to the general fund.

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