HOUSE BILL 106
54th legislature - STATE OF NEW MEXICO - first session, 2019
INTRODUCED BY
William “Bill” R. Rehm
FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE
AN ACT
RELATING TO LAW ENFORCEMENT TRAINING; REMOVING REQUIREMENTS FOR LAW ENFORCEMENT IN-SERVICE TRAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 29-7-4.1 NMSA 1978 (being Laws 2002, Chapter 34, Section 3 and Laws 2002, Chapter 35, Section 3, as amended) is amended to read:
"29-7-4.1. DOMESTIC ABUSE INCIDENT TRAINING.--Domestic abuse incident training that includes information on strangulation shall be included in the curriculum of each basic law enforcement training class. [Domestic abuse incident training shall be included as a component of in-service training each year for certified police officers.]"
SECTION 2. Section 29-7-4.2 NMSA 1978 (being Laws 2011, Chapter 49, Section 1) is amended to read:
"29-7-4.2. CHILD ABUSE INCIDENT TRAINING.--Child abuse incident training shall be included in the curriculum of each basic law enforcement training class. [Child abuse incident training shall be included as a component of in-service training each year for certified police officers.]"
SECTION 3. Section 29-7-7.3 NMSA 1978 (being Laws 2007, Chapter 89, Section 1) is amended to read:
"29-7-7.3. ENSURING CHILD SAFETY UPON ARREST--TRAINING.--Training for ensuring child safety upon the arrest of a parent or guardian shall be included in the curriculum of each basic law enforcement training class [and as a component of in-service training each year] for certified police officers."
SECTION 4. Section 29-7-7.4 NMSA 1978 (being Laws 2010, Chapter 33, Section 1) is amended to read:
"29-7-7.4. MISSING PERSON AND AMBER ALERT TRAINING.--A minimum of four hours of combined missing person and AMBER alert training shall be included in the curriculum of each basic law enforcement training class. [Missing person and AMBER alert training shall be included as a component of in-service training each year for certified police officers.]"
SECTION 5. Section 29-7-7.5 NMSA 1978 (being Laws 2011, Chapter 180, Section 1) is amended to read:
"29-7-7.5. INTERACTION WITH PERSONS WITH MENTAL IMPAIRMENTS--TRAINING.--
A. A minimum of forty hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, shall be included in the curriculum of each basic law enforcement training class.
[B. A minimum of two hours of crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, shall be included as a component of in-service law enforcement training pursuant to Section 29-7-7.1 NMSA 1978.
C.] B. A pre-recorded course on crisis management, including crisis intervention, confrontation de-escalation practicum and proper interaction with persons with mental impairments training, shall not satisfy the requirements of the basic law enforcement training class required pursuant to Subsection A of this section.
[D.] C. As used in this section, "mental impairment" includes a mental illness, developmental disability, posttraumatic stress disorder, dual diagnosis, autism, youth in crisis and traumatic brain injury."
SECTION 6. Section 29-7-7.7 NMSA 1978 (being Laws 2017, Chapter 35, Section 1) is amended to read:
"29-7-7.7. TOURNIQUET AND TRAUMA KIT TRAINING AND DISTRIBUTION.--
A. Tourniquet and trauma kit training shall be included in the curriculum of each basic law enforcement training class [and as a component of in-service law enforcement training each year] for certified police officers. The academy, in coordination with certified regional law enforcement training facilities, shall provide a tourniquet and trauma kit to each cadet who graduates from the academy or from a certified regional law enforcement training facility and to each previously certified police officer who attends a certification-by-waiver course.
B. The academy shall provide hands-on tourniquet and trauma kit training to all officers using tourniquet and trauma kit equipment designed for training purposes. The training shall be designed in a manner that will safely replicate field conditions without the risk of injury in order for officers to develop the necessary skills to use tourniquets and trauma kits. In order to supplement the hands-on training, the academy may produce a training video on the proper use of tourniquets and trauma kits for use in the academy and certified regional law enforcement training facilities.
C. The academy, in coordination with certified regional law enforcement training facilities, shall distribute a tourniquet and trauma kit to each police officer who has been certified pursuant to the Law Enforcement Training Act."
SECTION 7. Section 29-11-5 NMSA 1978 (being Laws 1978, Chapter 27, Section 5, as amended) is amended to read:
"29-11-5. SEXUAL CRIMES PROSECUTION AND TREATMENT PROGRAM.--
A. The administrator shall develop, with the cooperation of the [criminal justice] corrections department, the New Mexico state police, the New Mexico law enforcement academy, other authorized law enforcement agencies and existing community-based victim treatment programs, a statewide comprehensive plan to train law enforcement officers and criminal justice and medical personnel in the ability to deal with sexual crimes; to develop strategies for prevention of such crimes; to provide assistance in the assembly of evidence for the facilitation of prosecution of such crimes; and to provide medical and psychological treatment to victims of such crimes. This plan shall include, but not be limited to:
(1) education and training of law enforcement officers and criminal justice and medical personnel;
(2) collection, processing and analysis of evidence [which] that facilitates prosecution of suspects of sexual crimes; and
(3) medical and psychological treatment of victims of such crimes.
B. The comprehensive plan shall be implemented throughout the state, and the administrator may contract with appropriate persons, entities, agencies or community-based programs to provide the services to be rendered pursuant to Subsection A of this section and may pay a reasonable fee for [such] the services.
C. Nothing in this section shall be construed to require criminal prosecution of a suspect of a sexual crime by the victim to whom services are rendered pursuant to the provisions of the Sexual Crimes Prosecution and Treatment Act.
D. Training for law enforcement officers in the proper treatment of victims of sexual crimes and collection of evidence and coordination among agencies shall be incorporated in the regular training program for recruits by the New Mexico state police and the basic course taught by the New Mexico law enforcement academy or by other authorized law enforcement agencies. [Already commissioned officers and sex-crime investigators shall receive advanced training through in-service programs.]"
SECTION 8. Section 29-20-3 NMSA 1978 (being Laws 2003, Chapter 260, Section 3) is amended to read:
"29-20-3. POLICE TRAINING.--
A. No later than December 31, 2004, the New Mexico law enforcement academy board shall develop and incorporate into the basic law enforcement training required pursuant to the Law Enforcement Training Act a course of instruction of at least sixteen hours concerning the safe initiation and conduct of high speed pursuits.
B. The course of instruction shall emphasize the importance of protecting the public at all times and the need to balance the known offense and risk posed by a fleeing suspect against the danger to law enforcement officers and other people by initiating a high speed pursuit.
C. The course of instruction shall include adequate consideration of each of the following subjects:
(1) when to initiate a high speed pursuit;
(2) when to terminate a high speed pursuit;
(3) evaluating risks due to conditions of the vehicle, driver, roadway, weather and traffic during a high speed pursuit;
(4) evaluating dangers to uninvolved motorists and bystanders during a high speed pursuit;
(5) the number of law enforcement units permitted to participate in the high speed pursuit;
(6) the responsibilities of primary, secondary and supervisory law enforcement units during a high speed pursuit;
(7) proper communication and coordination procedures when a high speed pursuit enters another law enforcement agency's jurisdiction, including a tribal jurisdiction;
(8) driving tactics during a high speed pursuit;
(9) communications during a high speed pursuit;
(10) capture of suspects following a high speed pursuit;
(11) supervisory responsibilities during a high speed pursuit;
(12) use of blocking, ramming, boxing and roadblocks as high speed pursuit tactics;
(13) use of alternative methods and technologies for apprehending suspects during a high speed pursuit; and
(14) preparing a report and evaluation and analysis of a high speed pursuit after it has concluded.
D. The New Mexico law enforcement academy board shall develop the program of instruction, learning and performance objectives and standards for training in conjunction with appropriate groups and individuals that have an interest in and expertise regarding high speed pursuits, including law enforcement agencies, law enforcement academy instructors, experts on the subject and members of the public.
[E. In-service law enforcement training, as required pursuant to Section 29-7-7.1 NMSA 1978, shall include at least four hours of instruction that conform with the requirements set forth in Subsection C of this section.
F.] E. Each certified regional law enforcement training facility shall incorporate into its basic law enforcement training [and in-service law enforcement training] a course of training in the safe initiation and conduct of high speed pursuits that is comparable to or exceeds the standards of the course of instruction developed by the New Mexico law enforcement academy board."
SECTION 9. Section 29-21-3 NMSA 1978 (being Laws 2009, Chapter 177, Section 3) is amended to read:
"29-21-3. POLICIES AND PROCEDURES--REQUIRED.--
A. A law enforcement agency shall [(1)] maintain written policies and procedures designed to eliminate practices by its law enforcement officers that violate the provisions of Section [2 of the Prohibition of Profiling Practices Act; and
(2) provide training to its law enforcement officers, during orientation and at least once every two years, that the law enforcement agency determines will assist its law enforcement officers in adhering to the applicable provisions of the Prohibition of Profiling Practices Act and to the law enforcement agency's policies and procedures] 29-21-2 NMSA 1978.
B. As part of a law enforcement agency's administrative complaint procedures, the law enforcement agency shall, at a minimum:
(1) investigate a complaint alleging its law enforcement officer violated the provisions of Section [2 of the Prohibition of Profiling Practices Act] 29-21-2 NMSA 1978;
(2) take appropriate measures to discipline a law enforcement officer, including facilitating mediation or other restorative justice measures, when it is determined that the law enforcement officer violated the provisions of Section [2 of the Prohibition of Profiling Practices Act] 29-21-2 NMSA 1978;
(3) provide appropriate forms for submitting the complaint against its law enforcement officer;
(4) publish the policies and procedures designed to eliminate practices that violate the provisions of Section [2 of the Prohibition of Profiling Practices Act] 29-21-2 NMSA 1978; and
(5) submit a redacted copy of the complaint and the disposition to the attorney general, which shall disclose the nature and disposition of the complaint but shall not disclose personal identifying information of a law enforcement officer or complainant.
C. A law enforcement agency shall establish a time frame within which a complaint alleging a violation of the provisions of Section [2 of the Prohibition of Profiling Practices Act] 29-21-2 NMSA 1978 may be made; provided that in no event shall the time frame be less than ninety days or exceed one hundred eighty days after the commission of the alleged violation of the provisions of Section 2 of the Prohibition of Profiling Practices Act. A law enforcement agency shall allow a complaint alleging a violation of the provisions of Section [2 of the Prohibition of Profiling Practices Act] 29-21-2 NMSA 1978 by its law enforcement officer to be made:
(1) in person or in writing sent by mail, facsimile or electronic mail and signed by the complainant; or
(2) by telephone, anonymously or by a third party; provided that the law enforcement agency shall determine the complaint to be valid before taking appropriate measures pursuant to Paragraph (2) of Subsection B of this section and shall comply with the provisions of Section 29-14-4 NMSA 1978."
SECTION 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.
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