reglab/housing_qa huggingface dataset:
NM Stat § 29-1-4 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-4 - [Officers' duties under 29-1-3.]

It shall be the duty of judicial and ministerial officers, in their respective counties, precincts or demarcations, who shall see or receive information that any of the persons mentioned in the foregoing section [29-1-3 NMSA 1978], are to be found in his county, precinct or demarcation, notwithstanding he shall have escaped at any time, to apprehend as soon as possible the fugitive, and send him forthwith to the jail of the respective county, where he shall be kept, with all possible security in order to prevent his making his escape again. History: Laws 1861-1862, p. 14; C.L. 1865, ch. 61, § 49; C.L. 1884, § 833; C.L. 1897, § 1227; Code 1915, § 3061; C.S. 1929, § 75-130; 1941 Comp., § 40-104; 1953 Comp., § 39-1-4. ANNOTATIONSNo tort liability for failure to inform out-of-state officials of escape. — In a wrongful death action arising out of the escape of state prisoners, who crossed over into Colorado and killed a resident thereof, the New Mexico State police, who were informed of the escape soon after it occurred and diligently attempted to apprehend the escapees as soon as possible, but who did not inform Colorado officials, did not breach any duty giving rise to tort liability. Wittkowski v. State Corr. Dep't, 1985-NMCA-066, 103 N.M. 526, 710 P.2d 93, cert. quashed, 103 N.M. 442, 708 P.2d 1043, overruled on other grounds, Silva v. State, 1987-NMSC-107, 106 N.M. 472, 745 P.2d 380.
NM Stat § 29-1-5 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-5 - [Penalty for violation by sheriff, constable or deputy; surety's liability.]

If any sheriff, deputy sheriff or constable, or any deputy shall be found guilty of delay, negligence or neglect in compliance with the provisions of the preceding section [29-1-4 NMSA 1978], on complaint being made before any justice of the peace [magistrate] in the county, he shall be fined in any sum not less than fifty dollars [($50.00)], nor more than one hundred dollars [($100)], which shall be collected of them or their securities. History: Laws 1861-1862, p. 14; C.L. 1865, ch. 61, § 50; C.L. 1884, § 834; C.L. 1897, § 1228; Code 1915, § 3062; C.S. 1929, § 75-131; 1941 Comp., § 40-105; 1953 Comp., § 39-1-5. ANNOTATIONSCompiler's notes. — The compilers of the 1915 code deleted "coroner" after "deputy sheriff" and substituted "with the provisions of the preceding section" for "herewith". Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished, and the jurisdiction, powers and duties were transferred to the magistrate court. See 35-1-38 NMSA 1978.
NM Stat § 29-1-6 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-6 - [Penalty for violation by magistrate.]

If any justice of the peace [magistrate] shall be guilty of a violation of Section 29-1-4 NMSA 1978, on conviction thereof before the district court, he shall be fined in any sum not less than twenty-five dollars [($25.00)] nor more than fifty dollars [($50.00)]. History: Laws 1861-1862, p. 14; C.L. 1865, ch. 61, § 51; C.L. 1884, § 835; C.L. 1897, § 1229; Code 1915, § 3063; C.S. 1929, § 75-132; 1941 Comp., § 40-106; 1953 Comp., § 39-1-6. ANNOTATIONSCompiler's notes. — The compilers of the 1915 code deleted a proviso at the end of this section which provided that all fines collected under this act shall go to the county treasury of the county in which the violation shall have been committed, and it shall be the duty of the attorney general to prosecute all charges made under the provisions of this act, in the district court of the respective county. For disposition of fines and penalties, see N.M. Const., art. XII, § 4. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished, and the jurisdiction, powers and duties were transferred to the magistrate court. See 35-1-38 NMSA 1978.
NM Stat § 29-1-7 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-7 - Execution of process; officer may call aid.

In all cases when, by the common law or a statute of this state, any officer is authorized to execute any process, he may call to his aid all inhabitants above the age of majority in the county in which the officer is authorized to act. History: Laws 1850-1851, p. 163; C.L. 1865, ch. 89, § 1; C.L. 1884, § 2612; C.L. 1897, § 3785; Code 1915, § 4537; C.S. 1929, § 106-108; 1941 Comp., § 40-107; 1953 Comp., § 39-1-7; Laws 1973, ch. 61, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Voluntary exposure to unnecessary danger by insured, by aiding peace officer, 17 A.L.R. 191. 6A C.J.S. Arrest § 50.
NM Stat § 29-1-8 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-8 - [Penalty for refusing to aid officer; action to recover.]

If any person shall refuse or neglect to obey the summons of any such officer, such person shall be fined in any sum not exceeding fifty dollars [($50.00)], nor less than five dollars [($5.00)], to be recovered by suit before any justice of the peace [magistrate], to the use of the county in which said suit may originate. History: Laws 1850-1851, p. 163; C.L. 1865, ch. 89, § 2; C.L. 1884, § 2613; C.L. 1897, § 3786; Code 1915, § 4538; C.S. 1929, § 106-109; 1941 Comp., § 40-108; 1953 Comp., § 39-1-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished, and the jurisdiction, powers and duties were transferred to the magistrate court. See 35-1-38 NMSA 1978. Cross references. — For refusing to aid an officer, petty misdemeanor, see 30-22-2 NMSA 1978.
NM Stat § 29-1-10 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-10 - [Law enforcement agencies, state and local; participation in federal programs.]

All state and local law enforcement agencies are hereby authorized to participate in the Federal Law Enforcement Assistance Act of 1965 (Public Law 98-197 [89-197]). History: 1953 Comp., § 39-1-11, enacted by Laws 1966, ch. 24, § 1. ANNOTATIONSCompiler's notes. — The federal Law Enforcement Assistance Act of 1965 was codified as a note following 18 USCS § 3001 prior to its repeal by Public Law 90-351 on June 19, 1968. Bracketed material. — The bracketed material was inserted by the compiler to correct an error and is not part of the law.
NM Stat § 29-1-10.1 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-10.1 - Federal funds; receipt and expenditure for law enforcement activities.

Any law enforcement agency of the state of New Mexico may receive and spend for law enforcement activities, in addition to amounts appropriated to it, transfers from the United States department of justice or the United States department of the treasury pursuant to the Controlled Substances Act, 21 U.S.C. § 881(e) (1970), and the Tariff Act of 1930, 19 U.S.C. § 1616(a) (1930), both as amended before or after the effective date of this section. History: Laws 1986, ch. 87, § 1. ANNOTATIONSCompiler's notes. — The Tariff Act of 1930, 19 USC 1616, referred to in this section, was repealed in 1986. For present comparable provisions, see 19 USC § 1616a.
NM Stat § 29-1-12 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-12 - Authorization to maintain and retake custody of Arizona prisoners.

An officer or employee of the Arizona department of corrections who has in his custody, pursuant to Arizona law, a ward, offender or prisoner of the state of Arizona whom he is transporting from a facility in Arizona to another point in Arizona via New Mexico or to a point in New Mexico for firefighting or conservation work shall maintain custody of such ward, offender or prisoner in New Mexico. Such officer or employee may, in the event of escape of such ward, offender or prisoner in New Mexico, retake such ward, offender or prisoner in the same manner as if such officer or employee were a New Mexico police officer and such ward, offender or prisoner had been committed to his custody under New Mexico law. History: 1953 Comp., § 39-1-13, enacted by Laws 1975, ch. 281, § 1.
NM Stat § 29-1-13 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-13 - Unclaimed property; inventory.

A peace officer shall immediately inventory and record any personal property that comes into his possession and is taken under authority of law or is left in his possession or in the possession of the state, county or municipality. As used in Sections 29-1-13 through 29-1-15 NMSA 1978, "peace officer" means any full-time employee of a police or sheriff's department that is part of or administered by the state or any political subdivision of the state and which employee is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the state. History: Laws 1983, ch. 50, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Uniform Disposition of Unclaimed Property Act, 98 A.L.R.2d 304.
NM Stat § 29-1-15 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-15 - Proceeds of sale; title to property vests in purchaser.

A. Any money derived by a peace officer from the sale of unclaimed personal property shall be paid to the appropriate treasurer for credit to the general fund of the state, county or municipality. B. Any person purchasing unclaimed personal property at a public auction conducted by a peace officer has good title to the property. The true owner of the unclaimed personal property is divested of any right to the property and is estopped from making any claim to the property. History: Laws 1983, ch. 50, § 3. ANNOTATIONSLaw reviews. — For comment, "Regional Planning - Subdivision Control - New Mexico's New Municipal Code," see 6 Nat. Res. J. 135 (1966).
NM Stat § 29-1-16 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-16 - Electronic recordings of custodial interrogations.

A. A state or local law enforcement officer shall comply when reasonably able to do so with the following procedures when conducting a custodial interrogation: (1) the custodial interrogation shall be electronically recorded in its entirety; (2) if conducted in a police station, the custodial interrogation shall be electronically recorded by a method that includes audio or visual or both, if available; and (3) the electronic recording shall include the advice of constitutional rights required by law. B. A law enforcement officer shall comply with the provisions of this section unless the law enforcement officer has good cause not to electronically record the entire custodial interrogation and makes a contemporaneous written or electronic record of the reasons for not doing so. Good cause includes: (1) the electronic recording equipment was not reasonably available; (2) the electronic recording equipment failed and obtaining replacement equipment was not feasible; (3) the individual refused to be recorded; or (4) the statement was made in a court proceeding or a grand jury proceeding. C. Statements that are spontaneously volunteered and not the result of custodial interrogation are not subject to the provisions of this section. D. The provisions of this section shall apply only to custodial interrogations when, at the time of the interrogation, the person is suspected of committing a felony offense. E. The provisions of this section do not apply to custodial interrogations conducted outside the state of New Mexico. F. The provisions of this section do not apply to statements used for impeachment purposes. G. The provisions of this section do not apply within a correctional facility. H. As used in this section: (1) "custodial interrogation" means questioning by law enforcement officers that requires the advice of constitutional rights; and (2) "electronic recording" means a complete and authentic electronic recording created by visual or audio media, including by motion picture, videotape, audio tape or digital media. I. This section shall not be construed to exclude otherwise admissible evidence in any judicial proceeding. History: Laws 2005, ch. 252, § 1. ANNOTATIONSEffective dates. — Laws 2005, ch. 252, § 3 made Laws 2005, ch. 252, § 1 effective January 1, 2006. ANNOTATIONSSeverability. — Laws 2005, ch. 252, § 2 provided that if any part of Laws 2005, ch. 252, § 1 is held invalid, the remainder shall not be affected. Law not retroactive. — Where defendant made statements to police officers at an interview that occurred on May 31, 2005, and Laws 2005, Chapter 252, Section 3 made Section 29-1-16 NMSA 1978 effective on January 1, 2006, Section 29-1-16 NMSA 1978 did not apply to defendant's statements. State v. Garcia, 2011-NMSC-003, 149 N.M. 185, 246 P.3d 1057.
NM Stat § 29-1-17 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-17 - Identity theft reports.

When a law enforcement officer interviews an alleged identity theft victim, the law enforcement officer shall make a written report of the information provided by the victim and by witnesses on appropriate forms provided by the attorney general. A copy of the police report shall be filed with the office of the attorney general. History: Laws 2009, ch. 95, § 1. ANNOTATIONSEffective dates. — Laws 2009, ch. 95, § 6 made Laws 2009, ch. 95, § 1 effective July 1, 2009.
NM Stat § 29-1-18 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-18 - Requiring certain law enforcement agencies to use body-worn cameras while on duty; adoption of policies and procedures governing use.

A. A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty. Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:(1) requiring activation of a body-worn camera whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public;(2) prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;(3) requiring that any video recorded by a body-worn camera shall be retained by the law enforcement agency for not less than one hundred twenty days; and (4) establishing disciplinary rules for peace officers who:(a) fail to operate a body-worn camera in accordance with law enforcement agency policies;(b) intentionally manipulate a body-worn camera recording; or(c) prematurely erase a body-worn camera recording in violation of law enforcement agency policies.B. Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section shall be presumed to have acted in bad faith and shall be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.C. As used in this section:(1) "body-worn camera" means an electronic device worn on a person's body that records both audio and video data;(2) "law enforcement agency" means the police department of a municipality, the sheriff's office of a county, the New Mexico state police or the department of public safety; and(3) "peace officer" means any 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.History: Laws 2020 (1st S.S.), ch. 7, § 1. ANNOTATIONSEffective dates. — Laws 2020 (1st S.S.), ch. 7 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective September 20, 2020, 90 days after the adjournment of the legislature.
NM Stat § 29-2-1 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 2 - State Police|Section 29-2-1 - New Mexico state police created.

There is created in the department of public safety the "New Mexico state police division". History: 1941 Comp., § 40-201, enacted by Laws 1941, ch. 147, § 1; 1953 Comp., § 39-2-1; Laws 1977, ch. 257, § 19; 1979, ch. 202, § 12; 1987, ch. 254, § 17; 1989, ch. 204, § 21. ANNOTATIONSCross references. — For radio communication property, ownership transferred to the department of information technology, see 9-27-18 NMSA 1978. For educational funds for children of police killed in active duty, see 28-14-1 NMSA 1978 et seq. The 1989 amendment, effective July 1, 1989, substituted "department of public safety" for "department of state government". Am. Jur. 2d, A.L.R. and C.J.S. references. — 81A C.J.S. States § 81.
NM Stat § 29-2-1.1 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 2 - State Police|Section 29-2-1.1 - Definitions.

As used in Chapter 29 NMSA 1978: A. "chief" or "chief of the state police" means the director of the New Mexico state police division of the department; B. "commission" means the public safety advisory commission; C. "department" means the department of public safety; D. "member of the New Mexico state police" means a commissioned officer of the New Mexico state police, including an officer who is certified and commissioned as of June 30, 2015 in the former motor transportation division or the former special investigations division; E. "New Mexico law enforcement academy" or "academy" means a division of the department established pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978]; F. "New Mexico state police" means the New Mexico state police division of the department; and G. "secretary" means the secretary of public safety. History: 1978 Comp., § 29-2-1.1, enacted by Laws 1987, ch. 254, § 18; 1989, ch. 204, § 22; 2015, ch. 3, § 4. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, provided for the reorganization of the department of public safety by amending certain law enforcement definitions; in Subsection D, after the second occurrence of "state police," added the remainder of the sentence; in Subsection E, after "means a", deleted "bureau of the training and recruiting", after "department", deleted "of public safety" and added "established pursuant to the Law Enforcement Training Act"; in Subsection F, after the semicolon, added "and"; and deleted former Subsection G and redesignated former Subsection H as Subsection G. The 1989 amendment, effective July 1, 1989, deleted "public safety" preceding "department" in Subsections A and F, and substituted "department of public safety" for "public safety department" in Subsection C, "New Mexico state police" for "department" in Subsection D, and all of the present language of Subsection E following "means" for "the training division of the public safety department".
NM Stat § 29-2-2 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 2 - State Police|Section 29-2-2 - Repealed.

ANNOTATIONSRepeals. — Laws 1987, ch. 254, § 27 repealed 29-2-2 NMSA 1978, as amended by Laws 1979, ch. 202, § 13, relating to police board composition, effective July 1, 1987.
NM Stat § 29-2-3 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 2 - State Police|Section 29-2-3 - New Mexico state police; organization.

The New Mexico state police shall consist of a chief and such patrol officers, sergeants, lieutenants and captains as the secretary may deem advisable within the limits of the funds appropriated for the New Mexico state police; provided that the number of captains, lieutenants and sergeants shall not exceed twenty-five percent of the total number of the police, exclusive of the chief; but this requirement shall not be interpreted so as to require the demotion of any member of the previous state police division, the former motor transportation division or the former special investigations division. History: 1941 Comp., § 40-203, enacted by Laws 1941, ch. 147, § 3; 1953 Comp., § 39-2-3; Laws 1977, ch. 257, § 21; 1979, ch. 202, § 14; 2015, ch. 3, § 5. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, provided for the reorganization of the department of public safety by clarifying references to positions within the organizational structure of the New Mexico state police; after the first occurrence of "chief", added "and"; after "such", deleted "patrolmen" and added "patrol officers"; after "captains as the", deleted "New Mexico state police board" and added "secretary", after "provided", deleted "however", and after "police division", deleted "of the criminal justice department" and added "the former motor transportation division or the former special investigations division".
NM Stat § 29-2-4 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 2 - State Police|Section 29-2-4 - Appointments; removal.

The chief of the New Mexico state police shall be appointed by the secretary. All patrol officers and other officers and all civilian employees shall be appointed by the chief. History: 1941 Comp., § 40-204, enacted by Laws 1941, ch. 147, § 4; 1953 Comp., § 39-2-4; Laws 1977, ch. 257, § 22; 1979, ch. 202, § 15; 2015, ch. 3, § 6. ANNOTATIONSCompiler's notes. — Although "removal" was added to the section heading, no provisions relevant to removal were added to this section by the 1979 amendment. Cross references. — For removal during probationary period, see 29-2-9 NMSA 1978. For disciplinary proceedings culminating in removal, see 29-2-11 NMSA 1978. For removal of chief, see 29-2-19 NMSA 1978. For certificate from law enforcement academy, see 29-7-6 NMSA 1978. The 2015 amendment, effective July 1, 2015, provided for the reorganization of the department of public safety by clarifying certain duties regarding appointment within the department of public safety; after "appointed by the", deleted "New Mexico state police board" and added "secretary", and after "All", deleted "patrolmen" and added "patrol officers.
NM Stat § 29-2-4.1 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 2 - State Police|Section 29-2-4.1 - Rules.

The secretary shall promulgate rules governing employment and operating practices and related matters for employees of the New Mexico state police. History: 1978 Comp., § 29 2 4.1, enacted by Laws 1979, ch. 202, § 16; 2015, ch. 3, § 7. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, provided for the reorganization of the department of public safety by providing the secretary of public safety with the authority to create rules for the department; in the catchline, deleted "and regulations"; after "The", deleted "New Mexico state police board" and added "secretary"; and after "rules", deleted "and regulations". Am. Jur. 2d, A.L.R. and C.J.S. references. — Sexual misconduct or irregularity as amounting to "conduct unbecoming an officer," justifying officer's demotion or removal or suspension from duty, 9 A.L.R.4th 614.
NM Stat § 29-2-5 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 2 - State Police|Section 29-2-5 - Repealed.

ANNOTATIONSRepeals. — Laws 1987, ch. 254, § 27 repealed 29-2-5 NMSA 1978, as enacted by Laws 1941, ch. 147, § 5, relating to retention of chief and members of state police, effective July 1, 1987.