SENATE BILL 57
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
Antoinette Sedillo Lopez
AN ACT
RELATING TO CRIME; CREATING THE CRIME OF UNLAWFUL CONCEALING OF THE IDENTITY OF A PEACE OFFICER; CREATING THE CRIME OF AGGRAVATED UNLAWFUL CONCEALING OF THE IDENTITY OF A PEACE OFFICER; PROVIDING THAT IMPERSONATING A PEACE OFFICER INCLUDES A FEDERAL, STATE OR LOCAL OFFICER; PROVIDING RESTRICTIONS ON A PERSON AUTHORIZED TO APPREHEND AN INDIVIDUAL WHO FAILS TO APPEAR AT THE TIME AND PLACE FIXED BY THE TERMS OF THE INDIVIDUAL'S BAIL BOND; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 30, Article 20 NMSA 1978 is enacted to read:
"[NEW MATERIAL] UNLAWFUL CONCEALING OF THE IDENTITY OF A PEACE OFFICER--AGGRAVATED UNLAWFUL CONCEALING OF THE IDENTITY OF A PEACE OFFICER--PENALTIES.--
A. Unlawful concealing of the identity of a peace officer consists of a peace officer, upon executing a search, seizure or service of process, concealing the peace officer's face, badge, name or employer in a manner that causes a person to reasonably believe the officer is acting without lawful authority. Whoever commits unlawful concealing of the identity of a peace officer is guilty of a misdemeanor.
B. Aggravated unlawful concealing of the identity of a peace officer consists of a peace officer, upon executing a search, seizure or service of process, concealing the peace officer's face, badge, name or employer with the intent to deceive or intimidate a person or the public at large or to interfere with the creation of a public record. Whoever commits aggravated unlawful concealing of the identity of a peace officer is guilty of a fourth degree felony.
C. As used in this section, "peace officer" means a federal, state or local full-time salaried or certified part-time salaried officer who by virtue of office or public employment is vested by law with the duty to maintain the public peace."
SECTION 2. Section 30-27-2.1 NMSA 1978 (being Laws 1999, Chapter 120, Section 1) is amended to read:
"30-27-2.1. IMPERSONATING A PEACE OFFICER.--
A. Impersonating a peace officer consists of:
(1) without due authority exercising or attempting to exercise the functions of a peace officer; or
(2) pretending to be a peace officer with the intent to deceive another person.
B. Whoever commits impersonating a peace officer is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
C. As used in this section, "peace officer" means [any public official or public] a federal, state or local full- time salaried or certified part-time salaried officer who by virtue of office or public employment is vested by law with a duty to maintain [public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes] the public peace."
SECTION 3. [NEW MATERIAL] RESTRICTIONS ON A PERSON AUTHORIZED TO APPREHEND AN INDIVIDUAL WHO FAILS TO APPEAR AT THE TIME AND PLACE FIXED BY THE TERMS OF THE INDIVIDUAL'S BAIL BOND.--
A. A person, other than a certified peace officer, authorized to apprehend an individual who fails to appear at the time and place fixed by the terms of the individual's bail bond:
(1) shall not represent that person's self in a manner as being a sworn peace officer;
(2) shall not wear a uniform that represents that person's self as belonging to a part or department of a federal, state or local government. A uniform shall not display the words "United States", "bureau", "task force", "federal" or other substantially similar words that a reasonable person may mistake for a government agency;
(3) shall not wear or otherwise use a badge that represents that person's self as belonging to a part or department of a federal, state or local government;
(4) shall not use a fictitious name that represents that person's self as belonging to a federal, state or local government;
(5) may wear a jacket, shirt or vest with the words "Bail Bond Recovery Agent", "Bail Enforcement" or "Bail Enforcement Agent", if applicable, displayed in letters at least two inches high across the front or back of the jacket, shirt or vest and in a contrasting color to that of the jacket, shirt or vest;
(6) shall not use that position for the purposes of immigration enforcement, except pursuant to a valid judicial warrant or court order; and
(7) shall not disclose or provide in writing, verbally or in any other manner personally identifiable information of a bail fugitive that is requested for purposes of immigration enforcement, except pursuant to a valid judicial warrant or court order.
B. The provisions of this section do not prohibit or restrict a governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of a person or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of a person or maintaining or exchanging that information with another federal, state or local governmental entity.
C. As used in this section, "immigration enforcement" means efforts to investigate, enforce or assist in the investigation or enforcement of a federal civil immigration law and includes all efforts to investigate, enforce or assist in the investigation or enforcement of a federal criminal immigration law that penalizes a person's presence in, entry or reentry to or employment in the United States.
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