reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 19 - Martin Luther King, Jr. Commission › Section 28-19-1 - Martin Luther King, Jr. commission; created; defined; members; terms; compensation.

A. The "Martin Luther King, Jr. commission" is created. The purpose of the commission is to develop, promote, coordinate and review statewide plans and activities for the annual commemoration and celebration of the birthday of Martin Luther King, Jr. in accordance with Section 12-5-2 NMSA 1978.
B. As used in Sections 1 through 4 of this act [28-19-1 to 28-19-4 NMSA 1978], "commission" means the Martin Luther King, Jr. commission.
C. The commission shall be comprised of thirteen members as follows:
(1) four members appointed by the governor;
(2) one member appointed by the president pro tempore of the senate;
(3) one member appointed by the minority leader of the senate;
(4) one member appointed by the speaker of the house of representatives;
(5) one member appointed by the minority leader of the house of representatives;
(6) the state treasurer or his designee;
(7) the secretary of state or his designee;
(8) a native American appointed by the New Mexico office of Indian affairs [Indian affairs department];
(9) the director of the human rights division of the labor department or his designee; and
(10) the chairman of the New Mexico state corporation commission [public regulation commission] or his designee.
D. Members of the commission shall be appointed initially for terms as follows: seven members shall be appointed for terms of two years and six members shall be appointed for terms of four years. The initial terms shall be selected by random drawing. After the expiration of the initial terms, all members shall be appointed for four-year terms. The initial commission shall be appointed within forty-five days of the effective date of this act. Vacancies resulting from the death or resignation of a member shall be filled by appointment by the commission chairman for the unexpired portion of the term of the member creating the vacancy. In filling any vacancy, the commission chairman may accept recommendations from the person who originally appointed the member creating the vacancy.
E. The members of the commission shall receive no compensation for their service.
F. The members of the commission shall select a chairman from among the members of the commission.
G. The commission shall appoint an executive director to coordinate all activities on the commission's behalf.
History:
Laws 1991, ch. 252, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Laws 2004, ch. 24, § 17 provided that statutory references to the New Mexico office of Indian affairs be changed to the Indian affairs department pursuant to an executive order issued in accordance with Laws 2003, Chapter 403.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 19 - Martin Luther King, Jr. Commission › Section 28-19-2 - Martin Luther King, Jr. fund; created.

A. There is created within the state treasury for the commission a fund that shall be designated as the "Martin Luther King, Jr. fund" that shall consist of appropriations, endowments and bequests.
B. Money from the fund shall be disbursed upon warrant of the secretary of finance and administration pursuant to vouchers submitted by the executive director of the commission for the purpose of carrying out the provisions of this act [28-19-1 to 28-19-4 NMSA 1978].
History:
Laws 1991, ch. 252, § 2.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 19 - Martin Luther King, Jr. Commission › Section 28-19-3 - Duties of the commission.

The duties and powers of the commission shall include, but not be limited to, the following:
A. to develop a plan for the commemoration and celebration of the official legal holiday honoring Martin Luther King, Jr.;
B. to develop and submit to the governor and the legislature recommendations for specific commemorative activities to be undertaken by the state for the Martin Luther King, Jr. holiday;
C. to coordinate state plans and activities with federal plans and activities for the commemoration and celebration of Martin Luther King, Jr.'s birthday;
D. to develop, with other agencies of the state, an interpretive program that explores the historical, social, political and cultural themes associated with the life and works of Martin Luther King, Jr.;
E. to develop and acquire interpretive materials and publications on the significance of Martin Luther King, Jr.'s work and develop a commemorative program for state employees, school children and the general public;
F. to create a process to facilitate the implementation of the master plan project and other recommendations made by the commission;
G. to prepare and provide to the general public advice, assistance and information on the Martin Luther King, Jr. holiday activities recommended by the commission;
H. to submit other studies, reports and recommendations to the governor and the legislature as are necessary with respect to activities for the continued commemoration and celebration of Martin Luther King, Jr.; and
I. to accept endowments and bequests for the Martin Luther King, Jr. fund.
History:
Laws 1991, ch. 252, § 3.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 19 - Martin Luther King, Jr. Commission › Section 28-19-4 - Commission report.

The commission shall make an initial report to the governor and the legislature of its findings, conclusions, proposals and recommendations for the observance of the Martin Luther King, Jr. holiday within ninety days of the effective date of this act. The commission shall submit an annual report of its activities to the legislature no later than December 1 of each year. The first annual report shall be submitted no later than December 1, 1989.
History:
Laws 1991, ch. 252, § 4.
ANNOTATIONS
Compiler's notes.
— The phrase "effective date of this act" means April 4, 1991, the effective date of Laws 1991, Chapter 252.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 20 - Nursing Mothers › Section 28-20-1 - [Right to breastfeed.]

A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.
History:
Laws 1999, ch. 117, § 1.
ANNOTATIONS
Cross references.
— For indecent exposure,
see
30-9-14 NMSA 1978.
Effective dates.
— Laws 1999, ch. 117 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 20 - Nursing Mothers › Section 28-20-2 - Use of a breast pump in the workplace.

A. In order to foster the ability of a nursing mother who is an employee to use a breast pump in the workplace, an employer, including the state and its political subdivisions, shall provide:
(1) a space for using the breast pump that is:
(a) clean and private;
(b) near the employee's workspace; and
(c) not a bathroom; and
(2) flexible break times.
B. An employer shall not be liable for:
(1) storage or refrigeration of breast milk;
(2) payment for a nursing mother's break time in addition to established employee breaks; or
(3) payment of overtime while a nursing mother is using a breast pump.
History:
Laws 2007, ch. 18, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 18, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 21 - African American Affairs › Section 28-21-2 - Definitions.

As used in the African American Affairs Act:
A. "fund" means the office on African American affairs fund; and
B. "office" means the office on African American affairs.
History:
Laws 1999, ch. 163, § 2.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 163, § 5, made the African American Affairs Act effective July 1, 2000.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 21 - African American Affairs › Section 28-21-4 - Fund created; administration.

The "office on African American affairs fund" is created in the state treasury. The fund shall consist of gifts, grants, donations and bequests. Money in the fund at the end of any fiscal year shall not revert. The fund shall be administered by the office, and disbursements from the fund shall be made on warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the office or his authorized representative.
History:
Laws 1999, ch. 163, § 4.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 163, § 5, made the African American Affairs Act effective July 1, 2000.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 22 - Religious Freedom Restoration › Section 28-22-1 - Short title.

Sections 1 through 5 [28-22-1 to 28-22-5 NMSA 1978] of this act may be cited as the "New Mexico Religious Freedom Restoration Act".
History:
Laws 2000 (2nd S.S.), ch. 17, § 1.
ANNOTATIONS
Effective dates.
— Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective July 3, 2000, 90 days after the adjournment of the legislature.
The New Mexico Religious Freedom Restoration Act does not apply to actions between private parties.
— Where plaintiff offered wedding photography services to the general public; plaintiff's business was a public accommodation under the Human Rights Act, Section 28-1-1 NMSA 1978 et seq.; plaintiff refused to photograph a same-sex commitment ceremony between defendant and defendant's partner on religious grounds, defendant filed a discrimination complaint against plaintiff with the human rights commission; and the human rights commission determined that plaintiff had violated the act by discriminating against defendant on the basis of defendant's sexual orientation, the New Mexico Religious Freedom Restoration Act, Section 28-22-1 NMSA 1978 et seq., did not apply to the enforcement of the Human Rights Act by the commission, because the commission acted as an administrative tribunal, not as a party to the suit between plaintiff and defendant as private parties. Elane Photography, LLC v. Willock, 2013-NMSC-040,
aff'g
2012-NMCA-086, 284 P.3d 428.
The New Mexico Religious Freedom Restoration Act, Section 28-22-1 NMSA 1978 et seq. applies only in cases that involve a governmental agency as a adverse party.
Elane Photography, LLC v. Willock, 2012-NMCA-086, 284 P.3d 428, cert. granted, 2012-NMCERT-008.
The act does not apply in cases that involve non-governmental parties.
— Where defendant filed a discrimination claim with the human rights commission alleging that plaintiff violated the Human Rights Act, Section 28-1-1 NMSA 1978 et seq., by refusing on religious and moral grounds to photograph defendant's commitment ceremony with defendant's same-sex partner; and plaintiff claimed that the act violated plaintiff's freedom of religion because the act forced plaintiff to photograph same-sex marriages in violation of plaintiff's owner's religious belief that marriage is the union of one man and one woman, the New Mexico Religious Freedom Restoration Act, Section 28-22-1 NMSA 1978 et seq., did not apply to the litigation between plaintiff and defendant because neither party was a governmental agency. Elane Photography, LLC v. Willock, 2012-NMCA-086, 284 P.3d 428, cert. granted, 2012-NMCERT-008.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 22 - Religious Freedom Restoration › Section 28-22-2 - Definitions.

As used in the New Mexico Religious Freedom Restoration Act:
A. "free exercise of religion" means an act or a refusal to act that is substantially motivated by religious belief; and
B. "government agency" means the state or any of its political subdivisions, institutions, departments, agencies, commissions, committees, boards, councils, bureaus or authorities.
History:
Laws 2000 (2nd S.S.), ch. 17, § 2.
ANNOTATIONS
Effective dates.
— Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective July 3, 2000, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 22 - Religious Freedom Restoration › Section 28-22-3 - Religious freedom protected; exceptions.

A government agency shall not restrict a person's free exercise of religion unless:
A. the restriction is in the form of a rule of general applicability and does not directly discriminate against religion or among religions; and
B. the application of the restriction to the person is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
History:
Laws 2000 (2nd S.S.), ch. 17, § 3.
ANNOTATIONS
Effective dates.
— Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective July 3, 2000, 90 days after the adjournment of the legislature.
The criminal sexual contact of a minor and contributing to the delinquency of a minor statutes do not violate the Religious Freedom Restoration Act.
— Where defendant, who was the spiritual leader of a religious group that lived together, was convicted of criminal sexual contact of a minor and of contributing to the delinquency of a minor based on unclothed experiences with two teenage children; and defendant claimed that because defendant believed that touching the children was a religious act, defendant was not guilty of committing a crime and that the criminal sexual contact of a minor statute, Section 30-9-13 NMSA 1978 and the contributing to the delinquency of a minor statute, Section 30-6-3 NMSA 1978, violate the Religious Freedom Restoration Act, because the statutes are laws of general applicability that do not directly discriminate against or among religions, the protection of minors from sexual abuse and delinquency is a compelling governmental interest, and the statutes are the least restrictive means of achieving the government's goal of protecting minors from sexual abuse and delinquency, the statutes do not violate the act. State v. Bent, 2013-NMCA-108, cert. denied, 2013-NMCERT-012.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 22 - Religious Freedom Restoration › Section 28-22-4 - Private remedies.

A. A person whose free exercise of religion has been restricted by a violation of the New Mexico Religious Freedom Restoration Act may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government agency, including:
(1) injunctive or declaratory relief against a government agency that violates or proposes to violate the provisions of the New Mexico Religious Freedom Restoration Act; and
(2) damages pursuant to the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978], reasonable attorney fees and costs.
B. Immunity from liability of the government agency and its employees is waived for an action brought pursuant to this section.
History:
Laws 2000 (2nd S.S.), ch. 17, § 4.
ANNOTATIONS
Effective dates.
— Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective July 3, 2000, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 22 - Religious Freedom Restoration › Section 28-22-5 - Construction of act.

Nothing in the New Mexico Religious Freedom Restoration Act authorizes a government agency to burden a person's free exercise of religion. The protection of the free exercise of religion granted in that act is in addition to the protections granted by federal law and the state and federal constitutions. The New Mexico Religious Freedom Restoration Act does not affect the grant of benefits or tax exemptions to religious organizations nor does it impair any other exemptions granted by law.
History:
Laws 2000 (2nd S.S.), ch. 17, § 5.
ANNOTATIONS
Effective dates.
— Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective July 3, 2000, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 23 - Fair Pay for Women › Section 28-23-1 - Short title.

This act [28-23-1 to 28-23-6 NMSA 1978] may be cited as the "Fair Pay for Women Act".
History:
Laws 2013, ch. 12, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
Fair Pay for Women Act inapplicable on federal enclave.
— Congress has exclusive authority over federal enclaves, and therefore plaintiffs' claims were barred by the federal enclave doctrine, where plaintiffs, employees of Sandia corporation (Sandia labs) located on Kirtland air force base, brought state-law employment discrimination claims against Sandia labs, a federally funded research and development contractor operating under contract for the department of energy.
Kennicott v. Sandia Corp
., 314 F.Supp.3d 1142 (D.N.M. 2018)
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 23 - Fair Pay for Women › Section 28-23-2 - Definitions.

As used in the Fair Pay for Women Act:
A. "commission" means the human rights commission;
B. "director" means the chief of the human rights bureau of the labor relations division of the workforce solutions department;
C. "employ" means suffer or permit to work;
D. "employee" means any individual employed by an employer;
E. "employer" means a person employing four or more employees and any person acting for an employer;
F. "unpaid wage" means the difference between the wages paid to the employee and the wages that would have been paid to the employee had the discrimination not occurred; and
G. "wage" means compensation for performance of services by an employee for an employer whether paid by the employer or another person, including cash value of all compensation paid in any medium other than cash.
History:
Laws 2013, ch. 12, § 2.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
The state of New Mexico is an employer subject to claims brought under the Fair Pay for Women Act.
— The state, an entity capable of suing and being sued, is a legal entity that falls within the definition of "person" and thus is subject to suit for violating the terms of the Fair Pay for Women Act.
Wolinsky v. N.M. Corrections Dep't
, 2018-NMCA-071, cert. denied.
State employee's right to pursue wage discrimination claims.
— Where plaintiff sued her employer, the New Mexico corrections department, for sex-based pay discrimination in violation of the Fair Pay for Women Act (FPWA), alleging that her salary was approximately $8,000 less than that of a male employee in the same position, the district court erred in dismissing plaintiff's case based on the conclusion that defendant, a state agency, was not subject to the FPWA, because the state, an entity capable of suing and being sued, is a legal entity that falls within the definition of "person" and thus is subject to suit for violating the terms of the FPWA; the FPWA provides state employees the same right to pursue sex-based wage discrimination claims that persons employed by private employers possess.
Wolinsky v. N.M. Corrections Dep't
, 2018-NMCA-071, cert. denied.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 23 - Fair Pay for Women › Section 28-23-3 - Prohibition on paying employees less for same work.

A. No employer shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in the establishment at a rate less than the rate that the employer pays wages to employees of the opposite sex in the establishment for equal work on jobs the performance of which requires equal skill, effort and responsibility and that are performed under similar working conditions, except where the payment is made pursuant to a:
(1) seniority system;
(2) merit system; or
(3) system that measures earnings by quantity or quality of production.
B. An employer shall not reduce the wage of an employee to comply with this section.
C. No agreement between an employer and an employee for a specific wage in violation of the Fair Pay for Women Act shall prevent the employee from raising a claim based on a violation of the Fair Pay for Women Act.
History:
Laws 2013, ch. 12, § 3.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
Fair Pay for Women Act inapplicable on federal enclave.
— Congress has exclusive authority over federal enclaves, and therefore plaintiffs' claims were barred by the federal enclave doctrine, where plaintiffs, employees of Sandia corporation (Sandia labs) located on Kirtland air force base, brought state-law employment discrimination claims against Sandia labs, a federally funded research and development contractor operating under contract for the department of energy.
Kennicott v. Sandia Corp
., 314 F.Supp.3d 1142 (D.N.M. 2018)
The state of New Mexico is an employer subject to claims brought under the Fair Pay for Women Act.
— The state, an entity capable of suing and being sued, is a legal entity that falls within the definition of "person" and thus is subject to suit for violating the terms of the Fair Pay for Women Act.
Wolinsky v. N.M. Corrections Dep't
, 2018-NMCA-071, cert. denied.
State employee's right to pursue wage discrimination claims.
— Where plaintiff sued her employer, the New Mexico corrections department, for sex-based pay discrimination in violation of the Fair Pay for Women Act (FPWA), alleging that her salary was approximately $8,000 less than that of a male employee in the same position, the district court erred in dismissing plaintiff's case based on the conclusion that defendant, a state agency, was not subject to the FPWA, because the state, an entity capable of suing and being sued, is a legal entity that falls within the definition of "person" and thus is subject to suit for violating the terms of the FPWA; the FPWA provides state employees the same right to pursue sex-based wage discrimination claims that persons employed by private employers possess.
Wolinsky v. N.M. Corrections Dep't
, 2018-NMCA-071, cert. denied.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 23 - Fair Pay for Women › Section 28-23-4 - Grievance procedure.

A. A person claiming to be aggrieved by an unlawful discriminatory practice in violation of the Fair Pay for Women Act may:
(1) maintain an action to establish liability and recover damages and injunctive relief in any court of competent jurisdiction by any one or more employees on behalf of the employee or employees or on behalf of other employees similarly situated; or
(2) seek relief under the Human Rights Act [Chapter 28, Article 1 NMSA 1978] pursuant to the process set out in Sections 28-1-10 through 28-1-13 NMSA 1978.
B. The court in any action brought under this section shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action and reasonable attorney fees to be paid by the defendant. In any proceedings brought pursuant to the provisions of this section, the employee shall not be required to pay any filing fee or other court costs necessarily incurred in such proceedings.
C. The court in any action brought under this section may order appropriate injunctive relief, including requiring an employer to post in the place of business a notice describing violations by the employer as found by the court or a copy of a cease and desist order applicable to the employer.
D. An action arising under the Fair Pay for Women Act shall be brought no later than two years from the last date of the employee's employment.
E. A person claiming to be aggrieved by an unlawful discriminatory practice in violation of the Fair Pay for Women Act need not exhaust state administrative remedies.
F. The initiation of an administrative process under the Human Rights Act pursuant to the process set out in Sections 28-1-10 through 28-1-13 NMSA 1978 shall toll the statute of limitations for initiating a claim under the Fair Pay for Women Act.
History:
Laws 2013, ch. 12, § 4.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 23 - Fair Pay for Women › Section 28-23-5 - Retaliation prohibited.

It is a violation of the Fair Pay for Women Act for an employer or any other person to discharge, demote, deny promotion to or in any other way discriminate against an employee in the terms or conditions of employment in retaliation for the person asserting a claim or right pursuant to the Fair Pay for Women Act or assisting another person to do so, or for informing another person about employment rights or other rights provided by law.
History:
Laws 2013, ch. 12, § 5.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 23 - Fair Pay for Women › Section 28-23-6 - Enforcement; penalties; remedies.

A. An employer who violates a provision of the Fair Pay for Women Act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement and promotion. Damages shall be calculated on the basis of:
(1) the affected employee's unpaid wages and the damages from retaliation;
(2) all other actual damages; and
(3) treble damages.
B. The court may, in its sound discretion, not award treble damages or award any amount thereof not to exceed the amount specified in this section if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that the employer's act or omission was not a violation of the Fair Pay for Women Act.
C. An employer who violates a provision of the Fair Pay for Women Act may also be liable to the employee for punitive damages.
D. Recovery of unpaid wages is limited to six years prior to the date of the last violation of the Fair Pay for Women Act.
History:
Laws 2013, ch. 12, § 6.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 24 - Gender-Free Restrooms › Section 28-24-1 - Short title.

This act [28-24-1 to 28-24-3 NMSA 1978] may be cited as the "Gender-Free Restrooms Act".
History:
Laws 2019, ch. 109, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 109, § 4 made Laws 2019, ch. 109 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 24 - Gender-Free Restrooms › Section 28-24-2 - Definitions.

As used in the Gender-Free Restrooms Act:
A. "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth;
B. "gender-neutral signage" means a sign that indicates a restroom without preference or distinction to a specific gender identity or sex;
C. "public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment that is by its nature and use distinctly private; and
D. "single-user toilet facility" means a single- occupancy restroom with an outer door that can be locked by the occupant.
History:
Laws 2019, ch. 109, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 109, § 4 made Laws 2019, ch. 109 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 24 - Gender-Free Restrooms › Section 28-24-3 - Public facility availability.

A. A single-user toilet facility that exists or is constructed on or after July 1, 2019 in a public accommodation shall be:
(1) made available to any person regardless of gender identity or sex;
(2) designated for use by not more than one occupant at a time or for family or assisted use; and
(3) identified with gender-neutral signage.
B. Nothing in this section shall be construed to require construction of a new, single-user toilet facility if one does not exist in a public accommodation.
History:
Laws 2019, ch. 109, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 109, § 4 made Laws 2019, ch. 109 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 1 - Peace Officers in General › Section 29-1-2 - [Stolen livestock and other property; duties.]

That it shall be the duty of all sheriffs, deputy sheriffs and constables, in their respective counties, to employ all lawful means to immediately trace and discover all livestock and other property which may have been stolen or unlawfully taken from the possession of the true owner thereof.
History:
Laws 1921, ch. 109, § 1; C.S. 1929, § 4-201; 1941 Comp., § 40-102; 1953 Comp., § 39-1-2.
ANNOTATIONS
Cross references.
— For livestock board inspector's duties,
see
77-9-33 NMSA 1978.
For motor or other vehicle transporting livestock stopped for purpose of examining certificate,
see
77-9-46 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 Am. Jur. 2d Sheriffs, Police, and Constables §§ 46, 48, 49 to 51, 54.
80 C.J.S. Sheriffs and Constables § 52 et seq.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 1 - Peace Officers in General › Section 29-1-3 - [Arrest and detention of escaped prisoners.]

All persons [Any person] who shall have been committed to jail, under any criminal charge, and shall before the final trial of the cause for which he was imprisoned, or before the completion of the sentence, in case he shall be convicted in the court in which the charge may be pending, escape from jail, and any time thereafter shall be found in any county, precinct or demarcation of this state, he shall be arrested and imprisoned again, until the judgment of the court may be had or the sentence fully complied with.
History:
Laws 1861-1862, p. 14; C.L. 1865, ch. 61, § 48; C.L. 1884, § 832; C.L. 1897, § 1226; Code 1915, § 3060; C.S. 1929, § 75-129; 1941 Comp., § 40-103; 1953 Comp., § 39-1-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For penalty for permitting prisoner to escape,
see
30-22-11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Extradition of escaped convict, 78 A.L.R. 419.
62 C.J.S. Municipal Corporations §§ 563, 574, 575; 80 C.J.S. Sheriffs and Constables § 66 et seq.
2023 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.
ANNOTATIONS
No 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
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.
Cross references.
— For refusing to aid an officer, petty misdemeanor,
see
30-22-2 NMSA 1978.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Uniform Disposition of Unclaimed Property Act, 98 A.L.R.2d 304.
2023 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.
ANNOTATIONS
Law reviews.
— For comment, "Regional Planning - Subdivision Control - New Mexico's New Municipal Code," see 6 Nat. Res. J. 135 (1966).
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 252, § 3 made Laws 2005, ch. 252, § 1 effective January 1, 2006.
ANNOTATIONS
Severability.
— 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 95, § 6 made Laws 2009, ch. 95, § 1 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 1 - Peace Officers in General › Section 29-1-19 - Consult nontraditional communication or disability registry. (Effective July 1, 2024.)

Prior to interacting with a driver or occupant of a motor vehicle, every peace officer shall, if practicable, consult the national crime information center system or other electronic motor vehicle record management system to determine if the motor vehicle is on the nontraditional communication or disability registry, and if the motor vehicle is on the registry, take appropriate safety precautions during the interaction. If the registry reveals that a driver or occupant of the motor vehicle has a seizure disorder that may be triggered by flashing lights, including photosensitive epilepsy, the peace officer shall minimize the use of flashing lights to the extent feasible, taking safety into consideration.
History:
Laws 2023, ch. 136, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 136, § 4 made Laws 2023, ch. 136, § 2 effective July 1, 2024.
2023 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.
ANNOTATIONS
Cross 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.