0001|                            HOUSE BILL 42
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                             MIMI STEWART
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0005|     
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0006|                                   
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0007|     
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0008|      FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO LAW ENFORCEMENT; AUTHORIZING UNITED STATES
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0012|     PROBATION OFFICERS AND UNITED STATES PRETRIAL SERVICES OFFICERS
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0013|     TO ACT AS NEW MEXICO PEACE OFFICERS; AMENDING A SECTION OF THE
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0014|     NMSA 1978.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 29-1-11 NMSA 1978 (being Laws 1972,
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0018|     Chapter 8, Section 1, as amended) is amended to read:
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0019|          "29-1-11.  AUTHORIZATION OF TRIBAL AND PUEBLO POLICE
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0020|     OFFICERS AND CERTAIN FEDERAL OFFICERS TO ACT AS NEW MEXICO
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0021|     PEACE OFFICERS--AUTHORITY, PAYMENT AND PROCEDURE FOR
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0022|     COMMISSIONED PEACE OFFICERS.--
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0023|               A.  All persons who are duly commissioned officers
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0024|     of the police or sheriff's department of any New Mexico Indian
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0025|     tribe or pueblo or who are law enforcement officers employed by
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0001|     the bureau of Indian affairs and are assigned in New Mexico
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0002|     are, when commissioned under Subsection B of this section,
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0003|     recognized and authorized to act as New Mexico peace officers. 
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0004|     These officers have all the powers of New Mexico peace officers
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0005|     to enforce state laws in New Mexico, including <s>[but not
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<s></s>0006| <s>    limited to]</s> the power to make arrests for violation of state
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0007|     laws.
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0008|               B.  The chief of the New Mexico state police is
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0009|     granted authority to issue commissions as New Mexico peace
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0010|     officers to members of the police or sheriff's department of
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0011|     any New Mexico Indian tribe or pueblo or a law enforcement
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0012|     officer employed by the bureau of Indian affairs to implement
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0013|     the provisions of this section.  The procedures to be followed
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0014|     in the issuance and revocation of commissions and the
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0015|     respective rights and responsibilities of the departments shall
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0016|     be set forth in a written agreement to be executed between the
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0017|     chief of the New Mexico state police and the tribe or pueblo or
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0018|     the appropriate federal official.
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0019|               C.  The agreement referred to in Subsection B of
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0020|     this section shall contain the following conditions:
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0021|                    (1)  the tribe or pueblo, but not the bureau of
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0022|     Indian affairs, shall submit proof of adequate public liability
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0023|     and property damage insurance for vehicles operated by the
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0024|     peace officers and police professional liability insurance from
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0025|     a company licensed to sell insurance in the state;
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0001|                    (2)  each applicant for a commission shall
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0002|     successfully complete four hundred hours of basic police
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0003|     training that is approved by the director of the New Mexico law
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0004|     enforcement academy;
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0005|                    (3)  the chief of the New Mexico state police
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0006|     shall have the authority to suspend any commission granted
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0007|     pursuant to Subsection B of this section for reasons solely
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0008|     within his discretion;
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0009|                    (4)  if any provision of the agreement is
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0010|     violated by the tribe or pueblo or any of its agents, the chief
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0011|     of the New Mexico state police shall suspend the agreement on
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0012|     five days' notice, which suspension shall last until the chief
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0013|     is satisfied that the violation has been corrected and will not
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0014|     recur;
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0015|                    (5)  the goldenrod-colored officer's second
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0016|     copy of any citation issued pursuant to a commission authorized
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0017|     by this section shall be submitted within five days to the
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0018|     chief of the New Mexico state police;
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0019|                    (6)  any citation issued pursuant to a
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0020|     commission authorized by this section shall be to a magistrate
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0021|     court of New Mexico; except that any citations issued to
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0022|     Indians within the exterior boundaries of an Indian reservation
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0023|     shall be cited into tribal court;
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0024|                    (7)  the agreement or any commission issued
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0025|     pursuant to it shall not confer any authority on a tribal court
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0001|     or other tribal authority which that court or authority would
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0002|     not otherwise have;
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0003|                    (8)  the authority conferred by any agreement
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0004|     entered into pursuant to the provisions of this section shall
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0005|     be coextensive with the exterior boundaries of the reservation;
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0006|     except that an officer commissioned under this section may
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0007|     proceed in hot pursuit of an offender beyond the exterior
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0008|     boundaries of the reservation, and the authority conferred in
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0009|     any written agreement between the chief of the New Mexico state
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0010|     police and the Navajo tribe may extend beyond the exterior
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0011|     boundaries of the Navajo reservation to and including the area
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0012|     enclosed by the following description:
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0013|          Beginning at a point where the southern boundary line of
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0014|     the Navajo Indian reservation intersects the western
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0015|     right-of-way line of US 666, and running thence; southerly
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0016|     along the western right-of-way line of US 666 to the northerly
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0017|     city limits of Gallup; thence, easterly along the northerly
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0018|     city limits of Gallup to the northern side of the right-of-way
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0019|     of I-40; thence, in an easterly direction along the northerly
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0020|     side of the right-of-way of I-40 to the northerly limits of the
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0021|     village of Prewitt; thence, in a straight line between the
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0022|     northerly boundary of the village of Prewitt to the southerly
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0023|     boundary of Ambrosia Lake; thence in a straight line between
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0024|     the southerly boundary of Ambrosia Lake to the southerly
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0025|     boundary of Hospah; thence, east along a straight line from the
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0001|     southerly boundary of Hospah to the southern boundary of
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0002|     Torreon; thence along the easterly side of the right-of-way of
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0003|     state road 197 to the westerly city limits of Cuba; thence,
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0004|     north along the westerly side of the right-of-way of state road
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0005|     44 to the southerly boundary of the Jicarilla Apache Indian
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0006|     reservation; thence, westerly along the southerly boundary of
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0007|     the Jicarilla Apache Indian reservation to the southwest corner
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0008|     of that reservation; thence, northerly along the westerly
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0009|     boundary of the Jicarilla Apache Indian reservation to a point
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0010|     where the westerly boundary of the reservation intersects the
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0011|     southerly side of the right-of-way of state road 44; thence,
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0012|     northerly along the southerly side of the right-of-way of state
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0013|     road 44 to its intersection with the northerly side of the
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0014|     right-of-way of Navajo road 3003; thence, along the northerly
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0015|     side of the right-of-way of Navajo road 3003 to a point where
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0016|     the northerly side of the right-of-way of Navajo road 3003
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0017|     intersects the westerly side of the right-of-way line of state
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0018|     road 371; thence, northerly along the west side of the
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0019|     right-of-way of state road 371 to the southerly side of the
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0020|     right-of-way of Navajo road 36; thence, westerly along the
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0021|     southerly side of the right-of-way of Navajo road 36 to the
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0022|     eastern border of the Navajo Indian reservation; thence, along
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0023|     the eastern and southerly borders of the Navajo Indian
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0024|     reservation to the point of beginning.
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0025|          The municipalities of Cuba and Gallup and the villages of
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0001|     Thoreau and Prewitt are excluded from the grant of authority
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0002|     that may be conferred in any written agreement entered into
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0003|     pursuant to provisions of this section; provided, however, any
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0004|     written agreement may include under such grant of authority the
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0005|     communities of Ambrosia Lake, Hospah, Torreon, Lybrook,
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0006|     Nageezi, Counselors and Blanco Trading Post and those
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0007|     communities commonly known as the Wingate community; the Navajo
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0008|     Tribe blue water ranch area of the Thoreau community; the
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0009|     Prewitt community, exclusive of the village of Prewitt; the
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0010|     Haystack community; the Desidero community; the Sand Springs
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0011|     community; the Rincon Marquis community; the Charley Jesus
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0012|     Arviso and the Castillo community; and state road 264 beginning
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0013|     at the point where it intersects US 666 and ending where state
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0014|     road 264 intersects the Arizona-New Mexico state line;
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0015|                    (9)  the chief of the New Mexico state police
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0016|     or his designee and the tribe or pueblo or the appropriate
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0017|     federal official shall be required to meet at least quarterly
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0018|     or more frequently at the call of the chief of the New Mexico
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0019|     state police to discuss the status of the agreement and invite
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0020|     other law enforcement or other officials to attend as
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0021|     necessary; and
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0022|                    (10)  as consideration for law enforcement
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0023|     services rendered for the state by tribal or pueblo police
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0024|     officers who are commissioned peace officers pursuant to this
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0025|     section, each tribe or pueblo shall receive from the law
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0001|     enforcement protection fund three hundred dollars ($300) for
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0002|     each commissioned peace officer in the tribe or pueblo.  To be
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0003|     counted as a commissioned peace officer for the purposes of
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0004|     this paragraph, a commissioned peace officer shall have been
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0005|     assigned to duty and have worked in New Mexico for no fewer
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0006|     than two hundred days in the calendar year immediately prior to
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0007|     the date of payment.  Payments shall be made for only those
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0008|     divisions of the tribal or pueblo police departments that
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0009|     perform services in New Mexico.  No Indian nation, tribe or
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0010|     pueblo police department shall be eligible for any disbursement
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0011|     under the fund if officers of that department cite non-Indians
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0012|     into the court of that Indian nation, tribe or pueblo.  This
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0013|     eligibility requirement would apply to either civil or criminal
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0014|     citations issued by an Indian nation, tribe or pueblo police
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0015|     department.
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0016|               D.  Nothing in this section impairs or affects the
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0017|     existing status and sovereignty of tribes and pueblos of
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0018|     Indians as established under the laws of the United States.
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0019|               E.  All persons who are duly commissioned federal
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0020|     law enforcement officers employed by the federal bureau of
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0021|     investigation; drug enforcement administration; bureau of
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0022|     alcohol, tobacco and firearms; United States secret service;
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0023|     United States customs service; immigration and naturalization
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0024|     service; United States marshals service; postal inspection
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0025|     service; <u>United States probation department; United States
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<u></u>0001| <u>    pretrial services agency;</u> and other appropriate federal
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0002|     officers whose primary duty is law enforcement related, as
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0003|     designated by the chief of the New Mexico state police upon a
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0004|     recommendation by a county sheriff, who are assigned in New
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0005|     Mexico, are recognized and authorized to act as New Mexico
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0006|     peace officers and have all the powers of New Mexico peace
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0007|     officers to enforce state laws in New Mexico, including the
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0008|     power to make arrests for violation of state laws.  This
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0009|     subsection shall not be construed to impose liability upon or
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0010|     to require indemnification by the state for any act performed
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0011|     by a federal law enforcement officer pursuant to this
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0012|     subsection."
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0013|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0014|     provisions of this act is July 1, 1997.
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0015|                                - 8 -
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0016|     
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0017|     
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0018|                            State of New Mexico
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0019|                      House of Representatives
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0020|   
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0021|                      FORTY-THIRD LEGISLATURE
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0022|                        FIRST SESSION, 1997
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0023|   
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0024|   
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0025|                                                January 29, 1997
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0001|   
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0002|   
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0003|   Mr. Speaker:
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0004|   
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0005|        Your JUDICIARY COMMITTEE, to whom has been referred
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0006|   
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0007|                        HOUSE BILL 42
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0008|                               
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0009|   has had it under consideration and reports same with
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0010|   recommendation that it DO PASS.
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0011|   
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0012|                                 Respectfully submitted,
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0013|   
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0014|   
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0015|   
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0016|                                 <u>                                
</u>    |
<u></u>0017| <u>  
</u>    |
<u></u>0018| <u>                                </u>                             Thomas P. Foy, Chairman
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0019|   
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0020|   
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0021|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0022| <u>   </u>
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0023|             (Chief Clerk)                       (Chief Clerk)
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0024|   
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0025|                        Date <u>            </u>
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0001|   
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0002|   The roll call vote was<u> 10 </u> For<u> 0 </u> Against
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0003|   Yes:      10
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0004|             Excused:  Alwin, King,State of New Mexico
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0005|                      House of Representatives
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0006|   
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0007|                      FORTY-THIRD LEGISLATURE
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0008|                        FIRST SESSION, 1997
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0009|   
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0010|   
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0011|                                                                
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0012|   
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0013|   
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0014|   Mr. Speaker:
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0015|   
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0016|        Your  Sanchez
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0017|             Absent:   None
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0018|   
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0019|   
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0020|   G:\BILLTEXT\BILLW_97\H0042
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