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