0001| AN ACT | 0002| RELATING TO LAW ENFORCEMENT; AUTHORIZING UNITED STATES PROBATION | 0003| OFFICERS AND UNITED STATES PRETRIAL SERVICES OFFICERS TO ACT AS NEW | 0004| MEXICO PEACE OFFICERS; AUTHORIZING COUNTY SHERIFFS TO DESIGNATE | 0005| CERTAIN FEDERAL LAW ENFORCEMENT OFFICERS AS NEW MEXICO PEACE OFFICERS; | 0006| AMENDING A SECTION OF THE NMSA 1978. | 0007| | 0008| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0009| Section 1. Section 29-1-11 NMSA 1978 (being Laws 1972, Chapter | 0010| 8, Section 1, as amended) is amended to read: | 0011| "29-1-11. AUTHORIZATION OF TRIBAL AND PUEBLO POLICE OFFICERS AND | 0012| CERTAIN FEDERAL OFFICERS TO ACT AS NEW MEXICO PEACE | 0013| OFFICERS--AUTHORITY, PAYMENT AND PROCEDURE FOR COMMISSIONED PEACE | 0014| OFFICERS.-- | 0015| A. All persons who are duly commissioned officers of the | 0016| police or sheriff's department of any New Mexico Indian tribe or | 0017| pueblo or who are law enforcement officers employed by the bureau of | 0018| Indian affairs and are assigned in New Mexico are, when commissioned | 0019| under Subsection B of this section, recognized and authorized to act | 0020| as New Mexico peace officers. These officers have all the powers of | 0021| New Mexico peace officers to enforce state laws in New Mexico, | 0022| including the power to make arrests for violation of state laws. | 0023| B. The chief of the New Mexico state police is granted | 0024| authority to issue commissions as New Mexico peace officers to members | 0025| of the police or sheriff's department of any New Mexico Indian tribe | 0001| or pueblo or a law enforcement officer employed by the bureau of | 0002| Indian affairs to implement the provisions of this section. The | 0003| procedures to be followed in the issuance and revocation of | 0004| commissions and the respective rights and responsibilities of the | 0005| departments shall be set forth in a written agreement to be executed | 0006| between the chief of the New Mexico state police and the tribe or | 0007| pueblo or the appropriate federal official. | 0008| C. The agreement referred to in Subsection B of this | 0009| section shall contain the following conditions: | 0010| (1) the tribe or pueblo, but not the bureau of Indian | 0011| affairs, shall submit proof of adequate public liability and property | 0012| damage insurance for vehicles operated by the peace officers and | 0013| police professional liability insurance from a company licensed to | 0014| sell insurance in the state; | 0015| (2) each applicant for a commission shall | 0016| successfully complete four hundred hours of basic police training that | 0017| is approved by the director of the New Mexico law enforcement academy; | 0018| (3) the chief of the New Mexico state police shall | 0019| have the authority to suspend any commission granted pursuant to | 0020| Subsection B of this section for reasons solely within his discretion; | 0021| (4) if any provision of the agreement is violated by | 0022| the tribe or pueblo or any of its agents, the chief of the New Mexico | 0023| state police shall suspend the agreement on five days' notice, which | 0024| suspension shall last until the chief is satisfied that the violation | 0025| has been corrected and will not recur; | 0001| (5) the goldenrod-colored officer's second copy of | 0002| any citation issued pursuant to a commission authorized by this | 0003| section shall be submitted within five days to the chief of the New | 0004| Mexico state police; | 0005| (6) any citation issued pursuant to a commission | 0006| authorized by this section shall be to a magistrate court of New | 0007| Mexico; except that any citations issued to Indians within the | 0008| exterior boundaries of an Indian reservation shall be cited into | 0009| tribal court; | 0010| (7) the agreement or any commission issued pursuant | 0011| to it shall not confer any authority on a tribal court or other tribal | 0012| authority which that court or authority would not otherwise have; | 0013| (8) the authority conferred by any agreement entered | 0014| into pursuant to the provisions of this section shall be coextensive | 0015| with the exterior boundaries of the reservation; except that an | 0016| officer commissioned under this section may proceed in hot pursuit of | 0017| an offender beyond the exterior boundaries of the reservation, and the | 0018| authority conferred in any written agreement between the chief of the | 0019| New Mexico state police and the Navajo tribe may extend beyond the | 0020| exterior boundaries of the Navajo reservation to and including the | 0021| area enclosed by the following description: | 0022| Beginning at a point where the southern boundary line of the | 0023| Navajo Indian reservation intersects the western right-of-way line of | 0024| US 666, and running thence; southerly along the western right-of-way | 0025| line of US 666 to the northerly city limits of Gallup; thence, | 0001| easterly along the northerly city limits of Gallup to the northern | 0002| side of the right-of-way of I-40; thence, in an easterly direction | 0003| along the northerly side of the right-of-way of I-40 to the northerly | 0004| limits of the village of Prewitt; thence, in a straight line between | 0005| the northerly boundary of the village of Prewitt to the southerly | 0006| boundary of Ambrosia Lake; thence in a straight line between the | 0007| southerly boundary of Ambrosia Lake to the southerly boundary of | 0008| Hospah; thence, east along a straight line from the southerly boundary | 0009| of Hospah to the southern boundary of Torreon; thence along the | 0010| easterly side of the right-of-way of state road 197 to the westerly | 0011| city limits of Cuba; thence, north along the westerly side of the | 0012| right-of-way of state road 44 to the southerly boundary of the | 0013| Jicarilla Apache Indian reservation; thence, westerly along the | 0014| southerly boundary of the Jicarilla Apache Indian reservation to the | 0015| southwest corner of that reservation; thence, northerly along the | 0016| westerly boundary of the Jicarilla Apache Indian reservation to a | 0017| point where the westerly boundary of the reservation intersects the | 0018| southerly side of the right-of-way of state road 44; thence, northerly | 0019| along the southerly side of the right-of-way of state road 44 to its | 0020| intersection with the northerly side of the right-of-way of Navajo | 0021| road 3003; thence, along the northerly side of the right-of-way of | 0022| Navajo road 3003 to a point where the northerly side of the | 0023| right-of-way of Navajo road 3003 intersects the westerly side of the | 0024| right-of-way line of state road 371; thence, northerly along the west | 0025| side of the right-of-way of state road 371 to the southerly side of | 0001| the right-of-way of Navajo road 36; thence, westerly along the | 0002| southerly side of the right-of-way of Navajo road 36 to the eastern | 0003| border of the Navajo Indian reservation; thence, along the eastern and | 0004| southerly borders of the Navajo Indian reservation to the point of | 0005| beginning. | 0006| The municipalities of Cuba and Gallup and the villages of Thoreau | 0007| and Prewitt are excluded from the grant of authority that may be | 0008| conferred in any written agreement entered into pursuant to provisions | 0009| of this section; provided, however, any written agreement may include | 0010| under such grant of authority the communities of Ambrosia Lake, | 0011| Hospah, Torreon, Lybrook, Nageezi, Counselors and Blanco Trading Post | 0012| and those communities commonly known as the Wingate community; the | 0013| Navajo Tribe blue water ranch area of the Thoreau community; the | 0014| Prewitt community, exclusive of the village of Prewitt; the Haystack | 0015| community; the Desidero community; the Sand Springs community; the | 0016| Rincon Marquis community; the Charley Jesus Arviso and the Castillo | 0017| community; and state road 264 beginning at the point where it | 0018| intersects US 666 and ending where state road 264 intersects the | 0019| Arizona-New Mexico state line; | 0020| (9) the chief of the New Mexico state police or his | 0021| designee and the tribe or pueblo or the appropriate federal official | 0022| shall be required to meet at least quarterly or more frequently at the | 0023| call of the chief of the New Mexico state police to discuss the status | 0024| of the agreement and invite other law enforcement or other officials | 0025| to attend as necessary; and | 0001| (10) as consideration for law enforcement services | 0002| rendered for the state by tribal or pueblo police officers who are | 0003| commissioned peace officers pursuant to this section, each tribe or | 0004| pueblo shall receive from the law enforcement protection fund three | 0005| hundred dollars ($300) for each commissioned peace officer in the | 0006| tribe or pueblo. To be counted as a commissioned peace officer for | 0007| the purposes of this paragraph, a commissioned peace officer shall | 0008| have been assigned to duty and have worked in New Mexico for no fewer | 0009| than two hundred days in the calendar year immediately prior to the | 0010| date of payment. Payments shall be made for only those divisions of | 0011| the tribal or pueblo police departments that perform services in New | 0012| Mexico. No Indian nation, tribe or pueblo police department shall be | 0013| eligible for any disbursement under the fund if officers of that | 0014| department cite non-Indians into the court of that Indian nation, | 0015| tribe or pueblo. This eligibility requirement would apply to either | 0016| civil or criminal citations issued by an Indian nation, tribe or | 0017| pueblo police department. | 0018| D. Nothing in this section impairs or affects the existing | 0019| status and sovereignty of tribes and pueblos of Indians as established | 0020| under the laws of the United States. | 0021| E. All persons who are duly commissioned federal law | 0022| enforcement officers employed by the federal bureau of investigation; | 0023| drug enforcement administration; bureau of alcohol, tobacco and | 0024| firearms; United States secret service; United States customs service; | 0025| immigration and naturalization service; United States marshals | 0001| service; postal inspection service; United States probation | 0002| department; United States pretrial services agency; and other | 0003| appropriate federal officers whose primary duty is law enforcement | 0004| related, who are assigned in New Mexico and who are required to be | 0005| designated by the county sheriff on a case-by-case basis in the county | 0006| in which they are working, are recognized and authorized to act as New | 0007| Mexico peace officers and have all the powers of New Mexico peace | 0008| officers to enforce state laws in New Mexico, including the power to | 0009| make arrests for violation of state laws. The department of public | 0010| safety shall maintain a registry that lists the name and affiliated | 0011| federal agency of every federal law enforcement officer recognized and | 0012| authorized to act as a New Mexico peace officer pursuant to the | 0013| provisions of this subsection. This subsection shall not be construed | 0014| to impose liability upon or to require indemnification by the state | 0015| for any act performed by a federal law enforcement officer pursuant to | 0016| this subsection. | 0017| F. The provisions of Subsection E of this section regarding | 0018| designation of federal law enforcement officers by a county sheriff do | 0019| not apply to federal law enforcement officers who are duly | 0020| commissioned officers of a police or sheriff's department for an | 0021| Indian tribe or pueblo in New Mexico or who are federal law | 0022| enforcement officers employed by the bureau of Indian affairs." | 0023| Section 2. EFFECTIVE DATE.--The effective date of the | 0024| provisions of this act is July 1, 1997. |