reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3A - Criminal Record Expungement › Section 29-3A-2 - Definitions.

As used in the Criminal Record Expungement Act:
A. "arrest records" means records of identification of a person under arrest or under investigation for a crime taken or gathered by an official; "arrest records" includes information gathered from the national crime information center or another criminal record database, photographs, fingerprints and booking sheets; except "arrest records" does not include:
(1) driving while intoxicated citations maintained by the taxation and revenue department;
(2) computer-aided dispatch information; or
(3) log books relating to breath alcohol testing equipment;
B. "expungement" means the removal from access to the general public of a notation of an arrest, complaint, indictment, information, plea of guilty, conviction, acquittal, dismissal or discharge record, including a record posted on a publicly accessible court, corrections or law enforcement internet website; and
C. "public records" means documentation relating to a person's arrest, indictment, proceeding, finding or plea of guilty, conviction, acquittal, dismissal or discharge, including information posted on a court or law enforcement website; but "public records" does not include:
(1) arrest record information that:
(a) reveals confidential sources, methods, information or individuals accused but not charged with a crime and that is maintained by the state or any of its political subdivisions pertaining to any person charged with the commission of any crime; or
(b) is confidential and unlawful to disseminate or reveal, except as provided in the Arrest Record Information Act [Chapter 29, Article 10 NMSA 1978] or other law;
(2) the file of a district attorney or attorney general maintained as a confidential record for law enforcement purposes and not open for inspection by members of the public;
(3) a record maintained by the children, youth and families department, the human services department [health care authority department] or the public education department when that record is confidential under state or federal law and is required to be maintained by state or federal law for audit or other purposes; or
(4) a record received pursuant to a background check as authorized by law.
History:
Laws 2019, ch. 203, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Effective dates.
— Laws 2019, ch. 203, § 9 made Laws 2019, ch. 203 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3A - Criminal Record Expungement › Section 29-3A-3 - Expungement of records upon identity theft.

A. A person who is wrongfully identified in arrest records or public records as a result of identity theft may petition the district court for an order to expunge arrest records and public records.
B. After a hearing on the petition and upon a showing that the person is a victim of identity theft, the court shall issue an order within thirty days of the hearing requiring that all arrest records and public records be expunged.
C. The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts. The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of such records to any person, except upon order of the court.
D. After notice to and a hearing for all interested parties and in compliance with all applicable law, the court shall insert in the records the correct name and other identifying information of the offender, if known or ascertainable, in lieu of the name of the person wrongly identified.
History:
Laws 2019, ch. 203, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 203, § 9 made Laws 2019, ch. 203 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3A - Criminal Record Expungement › Section 29-3A-6 - Notices; rulemaking.

The administrative office of the courts and the department of public safety shall develop rules and procedures to implement the Criminal Record Expungement Act, including procedures for notifying the accused of the accused's rights under that act.
History:
Laws 2019, ch. 203, § 6.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 203, § 9 made Laws 2019, ch. 203 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3A - Criminal Record Expungement › Section 29-3A-7 - Effect of an order to expunge.

Upon entry an of order to expunge, the proceedings shall be treated as if they never occurred, and officials and the person who received the order to expunge may reply to an inquiry that no record exists with respect to the person; provided that arrest or conviction records shall be disclosed by the person and officials in connection with any application for or query regarding qualification for employment or association with any financial institution regulated by the financial industry regulatory authority or the securities and exchange commission.
History:
Laws 2019, ch. 203, § 7.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 203, § 9 made Laws 2019, ch. 203 effective January 1, 2020.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3B - Accurate Eyewitness Identification › Section 29-3B-1 - Short title.

Sections 12 through 15 [29-3B-1 to 29-3B-4 NMSA 1978] of this act may be cited as the "Accurate Eyewitness Identification Act".
History:
Laws 2019, ch. 211, § 12.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 211, § 17 made Laws 2019, ch. 211, § 12 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3B - Accurate Eyewitness Identification › Section 29-3B-2 - Definitions.

As used in the Accurate Eyewitness Identification Act:
A. "administrator" means a person conducting a photo lineup or live lineup;
B. "blind" means the administrator does not know the identity of the suspect;
C. "blinded" means the administrator may know who the suspect is but does not know which lineup member is being viewed by the eyewitness;
D. "eyewitness" means a person who observes another person at or near the scene of an offense;
E. "filler" means either a person or a photograph of a person who is not suspected of an offense and is included in an identification procedure;
F. "live lineup" means an identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator;
G. "photo lineup" means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness either in hard copy form or via computer for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator;
H. "showup" means an identification procedure in which an eyewitness is presented with a single suspect for the purpose of determining whether the eyewitness identifies this individual as the perpetrator; and
I. "suspect" means a person believed by law enforcement to be the possible perpetrator of the crime.
History:
Laws 2019, ch. 211, § 13.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 211, § 17 made Laws 2019, ch. 211, § 12 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 3B - Accurate Eyewitness Identification › Section 29-3B-4 - Training of law enforcement officers.

The secretary of public safety shall create, administer and conduct training programs for law enforcement officers and recruits on the methods and technical aspects of the eyewitness identification practices and procedures shown by reliable evidence to enhance the accuracy of eyewitness evidence referenced in the Accurate Eyewitness Identification Act.
History:
Laws 2019, ch. 211, § 15.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 211, § 17 made Laws 2019, ch. 211, § 12 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4 - State Police Pension Fund › Section 29-4-1 - [Police board may establish trust funds; purpose.]

Authority is hereby granted to the board of supervisors of the New Mexico state police [secretary of public safety] to create and establish in behalf and for the benefit of eligible members of the New Mexico state police a pension trust fund providing termination benefits and retirement benefits and a supplementary trust fund providing benefits to such members and their dependents in the event of disability or death as limited hereinafter or in the trust agreements.
History:
Laws 1939, ch. 213, § 1; 1941 Comp., § 40-401; 1953 Comp., § 39-4-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The name of the board of supervisors of the New Mexico state police was changed by Laws 1941, ch. 147, § 24 (compiled as 39-2-24, 1953 Comp.), to the board of supervisors of the division of courtesy and information. Laws 1977, ch. 257, § 107, repealed 39-2-24, 1953 Comp. Under former 29-2-2 NMSA 1978, the New Mexico state police board appeared to exercise the powers and functions of the former board of supervisors. Section 29-2-2 NMSA 1978 was repealed by Laws 1984, ch. 254, § 27. Pursuant to 29-2-1.1 NMSA 1978, "New Mexico state police board" or "board" now means the secretary of public safety.
Cross references.
— For membership in public employees' retirement association of New Mexico,
see
10-11-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 60A Am. Jur. 2d Pensions and Retirement Funds § 1618.
81A C.J.S. States §§ 46, 112 to 119.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4 - State Police Pension Fund › Section 29-4-2 - [Provisions governing trust funds; trust agreements; approval by governor, police board and insurance department [public regulation commission].]

All monies in said pension trust fund and said supplementary trust fund shall be deposited, administered and disbursed in accordance with the terms of this act [29-4-1 to 29-4-11 NMSA 1978] and with the terms of the pension trust agreement and supplementary trust agreement which shall be drafted pursuant to the terms of this act and shall not become effective until specifically approved by the governor of New Mexico, the board of supervisors of the New Mexico state police [secretary of public safety] and the insurance department of the state of New Mexico [public regulation commission].
History:
Laws 1939, ch. 213, § 2; 1941 Comp., § 40-402; 1953 Comp., § 39-4-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The name of the board of supervisors of the New Mexico state police was changed by Laws 1941, ch. 147, § 24 (compiled as 39-2-24, 1953 Comp.), to the board of supervisors of the division of courtesy and information. Laws 1977, ch. 257, § 107, repealed 39-2-24, 1953 Comp. Under former 29-2-2 NMSA 1978, the New Mexico state police board appeared to exercise the powers and functions of the former board of supervisors. Section 29-2-2 NMSA 1978 was repealed by Laws 1984, ch. 254, § 27. Pursuant to 29-2-1.1 NMSA 1978, "New Mexico state police board" or "board" now means the secretary of public safety.
Laws 1998, ch. 108, § 80 provided that references in law to the insurance board be construed to be references to the public regulation commission.
Insurance policy limits benefits paid.
— An insurance policy constitutes the supplemental trust agreement referred to in this section, and this insurance policy has limits on the total amount of benefits which may be paid in any particular instance. If it is desired to have benefits for disabled policemen over and above the limits of coverage of the policy, then those benefits should themselves be the subject of a trust agreement. 1965 Op. Att'y Gen. No. 65-92.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4 - State Police Pension Fund › Section 29-4-3 - [Contributions to funds; maximum.]

Contributions to the pension trust fund by members of the New Mexico state police shall not exceed six percent (6%) of their regular monthly salaries, and contributions to the supplementary trust fund shall not exceed five percent (5%) of their regular monthly salaries.
History:
Laws 1939, ch. 213, § 3; 1941 Comp., § 40-403; 1953 Comp., § 39-4-3.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4 - State Police Pension Fund › Section 29-4-4 - State contributions to funds; liquidation.

State contributions to the pension trust fund and the supplementary trust fund shall be appropriated as a part of the annual operating budget of the state police. Contributions to the funds shall be in an amount necessary to prevent any actuarial deterioration of the fund as determined by an annual actuarial investigation. Termination of the trust and liquidation of the funds shall be effected only by specific legislative act.
History:
1978 Comp., § 29-4-4 enacted by Laws 1980, ch. 8, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1980, ch. 8, § 1, repealed former 29-4-4 NMSA 1978, relating to state appropriations to the state police pension trust fund and supplementary trust fund, and enacted a new section.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4 - State Police Pension Fund › Section 29-4-5 - [State treasurer is trustee of funds; duties.]

The treasurer of the state of New Mexico shall serve as trustee for the pension trust fund and the supplementary trust fund and shall receive and hold as trustee for the uses and purposes set out in the trust agreements any and all funds paid to it as such trustee by the state, the department, the employee beneficiaries or by any other person or persons.
History:
Laws 1939, ch. 213, § 5; 1941 Comp., § 40-405; 1953 Comp., § 39-4-5.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4 - State Police Pension Fund › Section 29-4-6 - [Pension consultants; employment; duties.]

The board of supervisors of the New Mexico state police [secretary of public safety] are [is] hereby authorized and empowered to engage pension consultants to assist in drafting the trust agreements and establishing an equitable, practical and actuarially sound pension program. The trustee shall engage pension consultants to supervise and assist in the technical operation of the pension trust in order that there may be no deterioration in the actuarial status of the plan.
History:
Laws 1939, ch. 213, § 6; 1941 Comp., § 40-406; 1953 Comp., § 39-4-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The name of the board of supervisors of the New Mexico state police was changed by Laws 1941, ch. 147, § 24 (compiled as 39-2-24, 1953 Comp.), to the board of supervisors of the division of courtesy and information. Laws 1977, ch. 257, § 107, repealed 39-2-24, 1953 Comp. Under former 29-2-2 NMSA 1978, the New Mexico state police board appeared to exercise the powers and functions of the former board of supervisors. Section 29-2-2 NMSA 1978 was repealed by Laws 1984, ch. 254, § 27. Pursuant to 29-2-1.1 NMSA 1978, "New Mexico state police board" or "board" now means the secretary of public safety.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4 - State Police Pension Fund › Section 29-4-7 - [Annual report of trustee.]

Within ninety days after the close of each fiscal year the trustee, with the aid of the pension consultants, shall prepare and file an annual report with the department and the New Mexico insurance department which shall include the following:
Schedule I. Receipts and disbursements.
Schedule II. Assets of pension trust listing investments as to book value and current market value as of the end of the fiscal year.
Schedule III. List of terminations, showing cause and amount of refund.
Schedule IV. The application of actuarially computed "reserve factors" to the payroll data properly classified for the purpose of computing the reserve liability of the trust fund as of the end of the fiscal year.
Schedule V. The application of actuarially computed "current liability factors" to the payroll data properly classified for the purpose of computing the liability of the trust fund as of the end of the fiscal year.
Schedule VI. An actuarial computation of the pension liability for all employees retired prior to the close of the fiscal year.
History:
Laws 1939, ch. 213, § 7; 1941 Comp., § 40-407; 1953 Comp., § 39-4-7.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4 - State Police Pension Fund › Section 29-4-8 - [Administration of pension program; pension advisory board; membership; assistance to trustee.]

The complete pension program authorized by the terms of this act [29-4-1 to 29-4-11 NMSA 1978] shall be administered by the trustee with the assistance and counsel of a pension advisory board which shall consist of the chief of the department [director of the New Mexico state police division of the department] as chairman, two members appointed by the board of supervisors of the New Mexico state police [secretary of public safety] with the approval of the governor, and two members elected by the participating members. One of the initial appointees and one of the initial elected representatives shall serve for one-year terms and the other elected and appointed representatives shall serve for two-year terms.
History:
Laws 1939, ch. 213, § 8; 1941 Comp., § 40-408; 1953 Comp., § 39-4-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1977, ch. 257, changed several references in this chapter from the chief of the state police to director of the state police division. Laws 1979, ch. 202, changed several references in this chapter from the director of the state police division to the chief of the New Mexico state police.
See
29-2-3 NMSA 1978. Pursuant to 29-2-1.1 NMSA 1978, "chief of the state police" now means the director of the New Mexico state police division of the department. The bracketed language was not enacted by the legislature and is not part of the law.
The name of the board of supervisors of the New Mexico state police was changed by Laws 1941, ch. 147, § 24 (compiled as 39-2-24, 1953 Comp.), to the board of supervisors of the division of courtesy and information. Laws 1977, ch. 257, § 107, repealed 39-2-24, 1953 Comp. Under former 29-2-2 NMSA 1978, the New Mexico state police board appeared to exercise the powers and functions of the former board of supervisors. Section 29-2-2 NMSA 1978 was repealed by Laws 1984, ch. 254, § 27. Pursuant to 29-2-1.1 NMSA 1978, "New Mexico state police board" or "board" now means the secretary of public safety.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4 - State Police Pension Fund › Section 29-4-9 - [Repeal of conflicting laws; fees, rewards and previously accumulated funds go into supplementary trust fund.]

Upon the establishment of the pension trust fund and supplementary trust fund as outlined by this act [29-4-1 to 29-4-11 NMSA 1978], all conflicting laws are expressly repealed and any funds previously accumulated for this purpose shall be transferred to the supplementary trust fund. No fee for the performance of an act in line of duty and no reward offered for the apprehension or conviction of any person or persons, or for the recovery of any property may be accepted by any member of the department of state police, but any fee or reward to which such member would be entitled except for the foregoing provisions shall be paid to the supplementary trust fund. All laws and parts of laws in conflict herewith are hereby repealed.
History:
Laws 1939, ch. 213, § 9; 1941 Comp., § 40-409; 1953 Comp., § 39-4-9.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4 - State Police Pension Fund › Section 29-4-10 - [Interest in trust fund not subject to assignment, lien or judicial process; trustee may pay expenses.]

No person entitled to any interest in or share of or pension or benefit from the trust funds shall, prior to the actual payment therefor, have the right to anticipate the same, or to sell, assign, pledge or mortgage or otherwise dispose of or encumber the same, nor shall such interest, share, pension or benefit prior to the actual payment thereof, be liable for the debts or liabilities of the person entitled thereto or be subject to attachment, garnishment, execution or to levy or sale on judicial proceedings, or be transferable by any means, voluntarily or involuntarily. The trustee may expend such sums as it [he] may deem proper from such fund for the necessary expenses connected therewith.
History:
Laws 1939, ch. 213, § 10; 1941 Comp., § 40-410; 1953 Comp., § 39-4-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The bracketed word "he" in the last sentence was inserted by the 1941 compiler of the New Mexico statutes and was not deleted by the compiler of the 1953 compilation or by the present compiler.
Cross references.
— For exemption from legal process for Public Employees Retirement Act benefits,
see
10-11-135 NMSA 1978.
For exemption from legal process for Judicial Retirement Act benefits,
see
10-12B-7 NMSA 1978.
For exemption from legal process for Magistrate Retirement Act benefits,
see
10-12C-7 NMSA 1978.
For exemption from legal process for Educational Retirement Act benefits,
see
22-11-42 NMSA 1978.
For exemption from legal process for married persons or heads of households,
see
42-10-1 NMSA 1978.
For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts,
see
Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.
For form for claim of exemptions on executions,
see
Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings,
see
Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit,
see
Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution,
see
Rule 4-808A NMRA.
For form for claim of exemption from garnishment,
see
Rule 4-809 NMRA.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Res. J. 75 (1962).
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4 - State Police Pension Fund › Section 29-4-11 - [Effective date of act and pension program; approval of governor, police board and insurance department.]

The powers conferred upon the board of supervisors of the New Mexico state police [secretary of public safety] by the provisions of this act [29-4-1 to 29-4-11 NMSA 1978] shall be possessed and may be exercised from and after the first day of July, 1939, and this act shall be in full force and effect from and after that date. The pension program authorized in this act may become operative at any time after the passage of this act upon the approval of the governor of New Mexico, the board of supervisors of the New Mexico state police [secretary of public safety] and the insurance department of the state of New Mexico.
History:
Laws 1939, ch. 213, § 12; 1941 Comp., § 40-411; 1953 Comp., § 39-4-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The name of the board of supervisors of the New Mexico state police was changed by Laws 1941, ch. 147, § 24 (compiled as 39-2-24, 1953 Comp.), to the board of supervisors of the division of courtesy and information. Laws 1977, ch. 257, § 107, repealed 39-2-24, 1953 Comp. Under former 29-2-2 NMSA 1978, the New Mexico state police board appeared to exercise the powers and functions of the former board of supervisors. Section 29-2-2 NMSA 1978 was repealed by Laws 1984, ch. 254, § 27. Pursuant to 29-2-1.1 NMSA 1978, "New Mexico state police board" or "board" now means the secretary of public safety.
Severability.
— Laws 1939, ch. 213, § 11 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4A - Peace Officers', New Mexico Mounted Patrol Members' and Reserve Police Officers' Survivors Supplemental Benefits › Section 29-4A-1 - Short title.

Chapter 29, Article 4A NMSA 1978 may be cited as the "Peace Officers', New Mexico Mounted Patrol Members' and Reserve Police Officers' Survivors Supplemental Benefits Act".
History:
Laws 1995, ch. 59, § 1; 2002, ch. 78, § 1; 2016, ch. 41, § 1.
ANNOTATIONS
The 2016 amendment,
effective May 18, 2016, amended the title of the act to include New Mexico mounted patrol members and reserve police officers; and after "Peace Officers'", added "New Mexico Mounted Patrol Members' and Reserve Police Officers'".
The 2002 amendment,
effective May 15, 2002, substituted "Chapter 29, Article 4A NMSA 1978" for "This act".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4A - Peace Officers', New Mexico Mounted Patrol Members' and Reserve Police Officers' Survivors Supplemental Benefits › Section 29-4A-2 - Findings; purpose.

The legislature finds that peace officers throughout the state risk their lives daily to protect the citizens of New Mexico. The legislature further finds that when peace officers are killed in the line of duty, their immediate families can suffer grievously, both emotionally and economically. To recognize the substantial public safety benefits conferred by peace officers and in consideration of the sacrifices undertaken by these officers and their families for the citizens of New Mexico, it is the purpose of the Peace Officers' Survivors Supplemental Benefits Act to ensure that certain supplemental death benefits accrue to the spouse and surviving children, or parents if there are no surviving children or spouse, of a peace officer killed in the line of duty.
History:
Laws 1995, ch. 59, § 2; 2002, ch. 78, § 2.
ANNOTATIONS
The 2002 amendment,
effective May 15, 2002, inserted "or parents if there are no surviving children or spouse" in the last sentence.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4A - Peace Officers', New Mexico Mounted Patrol Members' and Reserve Police Officers' Survivors Supplemental Benefits › Section 29-4A-3 - Definitions.

As used in the Peace Officers', New Mexico Mounted Patrol Members' and Reserve Police Officers' Survivors Supplemental Benefits Act:
A. "fund" means the peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund;
B. "New Mexico mounted patrol" means units or troops officered and manned to assist with law enforcement pursuant to the provisions of Sections 29-6-1 and 29-6-4 NMSA 1978, Subsection A of Section 29-6-5 NMSA 1978 and Section 29-6-6 NMSA 1978;
C. "peace officer" means any full-time salaried and commissioned or certified law enforcement officer of a police or sheriff's department or a conservation officer of the department of game and fish as used in Chapter 17 NMSA 1978 that is part of or administered by the state or any political subdivision of the state;
D. "reserve police officer" means a volunteer or a temporary or part-time employee of a state or local law enforcement agency who is accepted by that agency as a reserve law enforcement officer after receiving a background check and training as needed by that agency and who is not a member of the New Mexico mounted patrol; and
E. "secretary" means the secretary of public safety.
History:
Laws 1995, ch. 59, § 3; 1997, ch. 165, § 1; 2016, ch. 41, § 2.
ANNOTATIONS
The 2016 amendment,
effective May 18, 2016, defined New Mexico mounted patrol members and reserve police officers as used in the Peace Officers', New Mexico Mounted Patrol Members' and Reserve Police Officers' Supplemental Benefits Act; in the introductory sentence, after "Peace Officers'", added "New Mexico Mounted Patrol Members' and Reserve Police Officers'", in Subsection A, after "peace officers'", added ", New Mexico mounted patrol members' and reserve police officers'"; added new Subsection B and redesignated former Subsection B as Subsection C; and added new Subsection D and redesignated former Subsection C as Subsection E.
The 1997 amendment,
effective June 20, 1997, inserted "or a conservation officer of the department of game and fish as used in Chapter 17 NMSA 1978" in Subsection B.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4A - Peace Officers', New Mexico Mounted Patrol Members' and Reserve Police Officers' Survivors Supplemental Benefits › Section 29-4A-4 - Fund created.

The "peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund" is created in the state treasury and shall be administered by the department of public safety. The fund shall consist of all gifts, donations and bequests of money to the fund as well as any appropriations made to the fund. Earnings from investment of the fund shall be credited to the fund. Money in the fund is appropriated to the department of public safety for the purpose of paying death benefits pursuant to the Peace Officers', New Mexico Mounted Patrol Members' and Reserve Police Officers' Survivors Supplemental Benefits Act and shall be paid out only upon warrants issued by the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert.
History:
Laws 1995, ch. 59, § 4; 2016, ch. 41, § 3.
ANNOTATIONS
The 2016 amendment,
effective May 18, 2016, amended the name of the fund to include New Mexico mounted patrol members and reserve police officers; after "'peace officers'", added ", New Mexico mounted patrol members' and reserve police officers'", and after "Peace Officers'", added "New Mexico Mounted Patrol Members' and Reserve Police Officers'".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 4A - Peace Officers', New Mexico Mounted Patrol Members' and Reserve Police Officers' Survivors Supplemental Benefits › Section 29-4A-5 - Peace officers', New Mexico mounted patrol members' and reserve police officers' survivors supplemental death benefits; review committee; determination; payment.

A. There is created the "peace officers', New Mexico mounted patrol members' and reserve police officers' survivors supplemental death benefits review committee". The committee shall consist of the attorney general, the chief of the New Mexico state police and the state president of the fraternal order of police or their designees.
B. The peace officers', New Mexico mounted patrol members' and reserve police officers' survivors supplemental death benefits review committee shall determine whether a peace officer, New Mexico mounted patrol member or reserve police officer has been killed in the line of duty and advise the secretary of that determination. In addition to any other death benefits provided by law, the surviving spouse, children or parents shall be paid one million dollars ($1,000,000) as supplemental death benefits whenever a peace officer, New Mexico mounted patrol member or reserve police officer is killed in the line of duty. The benefits shall be paid from the fund.
C. The benefits shall be paid first to the surviving spouse. If there is no surviving spouse, the benefits shall be distributed in pro rata shares to all surviving children. If there are no surviving children or spouse, benefits shall be distributed to the surviving parents of the peace officer, New Mexico mounted patrol member or reserve police officer.
History:
Laws 1995, ch. 59, § 5; 2002, ch. 78, § 3; 2007, ch. 59, § 1; 2016, ch. 41, § 4; 2022, ch. 56, § 3.
ANNOTATIONS
The 2022 amendment,
effective July 1, 2023, enhanced peace officers' survivors supplemental death benefits; and in Subsection B, after "shall be paid", deleted "two hundred fifty thousand dollars ($250,000)" and added "one million dollars "(1,000,000)".
The 2016 amendment,
effective May 18, 2016, provided survivors supplemental death benefits for New Mexico mounted patrol members and reserve police officers; in the catchline, added "New Mexico mounted patrol members' and reserve police officers'" and throughout the sections, after "'peace officers'", added "New Mexico mounted patrol members' and reserve police officers'".
The 2007 amendment,
effective June 15, 2007, increased supplemental death benefits from $100,000 to $250,000.
The 2002 amendment,
effective May 15, 2002, inserted "or parents" in the second sentence of Subsection B; and added the last sentence in Subsection C.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 5 - Educational Institutions; Traffic Regulations and Police Officers › Section 29-5-1 - Educational institutions; campus traffic regulations.

A. The board of regents of each state educational institution designated in Article 12, Section 11 of the constitution of New Mexico may promulgate regulations governing the operation and parking of vehicles on any area within the exterior boundaries of lands under its control which is not a public street or highway, including but not limited to:
(1) limiting the rates of speed;
(2) assigning parking spaces and designating parking areas and their uses, and collecting rent therefor;
(3) prohibiting parking;
(4) removing vehicles parked in violation of campus traffic regulations, at the expense of the violator who shall pay the expense before the vehicle is released; and
(5) instituting a system of vehicle registration for the identification and regulation of vehicles regularly using institutional premises, including a reasonable charge to defray costs of registration.
B. Areas subject to campus traffic regulations shall be marked with signs conforming with standards used by the state highway department.
C. Any person who violates any campus traffic regulation adopted under this section is guilty of a misdemeanor and shall be punished by a fine of not more than five dollars ($5.00). All fines and forfeitures collected under this section may be remitted to the state educational institution on whose campus the violation occurred. The money from such fines and forfeitures remitted to state educational institutions shall be used solely for the purposes of enforcing this act [29-5-1, 29-5-2 NMSA 1978], for planning and improving movement and control and related parking problems, and for use in the operation, management and administration of the institution's security department responsible for the enforcement of this act.
History:
1953 Comp., § 39-5-1, enacted by Laws 1968, ch. 62, § 153; 1975, ch. 167, § 2.
ANNOTATIONS
Board may also employ and assign duties of campus security.
— The board of regents of the university of New Mexico is specifically given traffic control jurisdiction on its property and may employ and assign duties of campus security officers for the institution. 1969 Op. Att'y Gen. No. 69-48.
Section 35-14-2 NMSA 1978 supplements section.
— Section 35-14-2 NMSA 1978, providing for a waiver of the right to regulate university property under agreement between boards of regents of state educational institutions and municipalities for traffic offenses occurring on the university campus, supplements this section and Section 29-5-2 NMSA 1978. 1969 Op. Att'y Gen. No. 69-48.
City crime ordinances not applicable to land under board's control.
— Ordinances of the city of Albuquerque dealing with crimes do not apply to land under the control of the board of regents of the university of New Mexico except for traffic offenses as provided in Section 35-14-2 NMSA 1978. 1969 Op. Att'y Gen. No. 69-48.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 5 - Educational Institutions; Traffic Regulations and Police Officers › Section 29-5-3 - Post-secondary educational institutions; boards authorized to establish campus police force; qualifications and authority of campus police officers.

A. As used in this section "post-secondary educational institution" means a community college operating pursuant to Chapter 21, Article 13 NMSA 1978, a technical and vocational institute operating pursuant to Chapter 21, Article 16 NMSA 1978 and an area vocational school operating pursuant to Chapter 21, Article 17 NMSA 1978.
B. The governing board of a post-secondary educational institution may adopt and promulgate traffic regulations to apply to areas within the exterior boundaries of the lands under control of the board, including streets and highways.
C. The governing board of a post-secondary educational institution may employ and assign duties to persons as campus police officers for the community college.
D. Persons employed as campus police officers by a post-secondary educational institution governing board:
(1) shall have the powers of peace officers within the exterior boundaries of lands under the control of the board, including streets and highways;
(2) shall at all times while on duty carry commissions of office issued by the board;
(3) shall fulfill the requirements for certification in Subsection A of Section 29-7-6 NMSA 1978 within one year of the date of first employment;
(4) may enforce all applicable laws, ordinances and campus traffic regulations within the territory in which they have powers of peace officers; and
(5) may make arrests for violations of laws, ordinances and campus traffic regulations that they have authority to enforce, but no arrest is valid unless the arresting campus police officer is at the time of the arrest wearing:
(a) a distinctive badge issued to him by the post-secondary educational institution governing board and bearing the name of the post-secondary educational institution; and
(b) a distinctive uniform prescribed and issued to him by the board.
History:
Laws 1997, ch. 115, § 1.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 6 - New Mexico Mounted Patrol › Section 29-6-1 - [Establishment; composition.]

There is hereby created the New Mexico mounted patrol to be composed of units or troops situated throughout the state and organized, officered and manned pursuant to and under the direction of the governor.
History:
1941 Comp., § 66-1101, enacted by Laws 1941, ch. 149, § 1; 1953 Comp., § 9-11-1.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 6 - New Mexico Mounted Patrol › Section 29-6-2 - Board of directors; elections[; commissions as emergency and voluntary state police].

A. The control, management, supervision and power of internal organization is vested in a board of directors composed of not less than one member from each troop of the New Mexico mounted patrol elected by the members of the organization to serve for a term of two years and until their successors are duly elected and qualified. The first election hereunder shall be held and conducted at such time and pursuant to such rules promulgated by the governor. Succeeding elections shall be pursuant to rules and regulations promulgated by the qualified and active board of directors.
B. The director of the New Mexico state police [division of the department] may, at the expense of members of the New Mexico mounted patrol, execute and deliver to each member of the mounted patrol proper pocket commissions as emergency and voluntary state police, the same to be effective only upon specific request of the New Mexico state police in each instance of service. Such commissions shall bear the written approval of the governor of New Mexico; such commissions shall automatically expire and new ones issued and delivered upon each change in the directorship of the New Mexico state police or the governorship.
History:
1941 Comp., § 66-1103, enacted by Laws 1941, ch. 149, § 3; 1951, ch. 49, § 1; 1953 Comp., § 9-11-3; Laws 1979, ch. 327, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 6 - New Mexico Mounted Patrol › Section 29-6-3 - [Duties of board of directors.]

The board of directors shall be empowered to make rules and regulations for the government, control, management, supervision and internal organization of the New Mexico mounted patrol and to provide for the selection of troopers and for such officers and noncommissioned officers as may be necessary from time to time to command the various units or troops.
History:
1941 Comp., § 66-1104, enacted by Laws 1941, ch. 149, § 4; 1953 Comp., § 9-11-4.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 6 - New Mexico Mounted Patrol › Section 29-6-4 - [Duties of mounted patrol.]

It shall be the duty of the New Mexico mounted patrol and the members thereof to assist in the enforcement of law by cooperating with all law enforcement agencies and regulatory bodies of the state of New Mexico when requested by them and under their direction and control; to act as an official bodyguard to the governor of this state or to distinguished visitors upon the call of the governor.
History:
1941 Comp., § 66-1105, enacted by Laws 1941, ch. 149, § 5; 1953 Comp., § 9-11-5.
ANNOTATIONS
Legislative intent that patrol perform voluntarily.
— Since no provision is found relating to the salaries or other compensation for services rendered, it must be concluded as the legislative intent that all members of the patrol were to perform in a voluntary and honorary capacity only. 1957 Op. Att'y Gen. No. 57-41.
Power to arrest same as private citizen.
— Unless called in specific instances to assist law enforcement officers, officer's power to arrest is no different than that of a private citizen. Throughout the statutes it is seen that authority to arrest, other than as a private citizen, exists only when there is a specific request from regular law enforcement officers. And it is further apparent that when called upon to assist law enforcement agencies that patrol's conduct shall be under their direction and control. The commission which is issued can, of course, have no more force than the authority given by the statutes under which that commission is issued. 1956 Op. Att'y Gen. No. 56-6350.
Uniform unnecessary to exercise authority.
— It is not necessary that mounted patrol be in uniform in order to exercise the authority which it has. 1956 Op. Att'y Gen. No. 56-6350.
Extra-hazardous duty not performed under color of employment agreement.
— A trooper or officer of the New Mexico mounted patrol, in carrying out duties as provided, is without question engaging in extra-hazardous activities. However, such extra-hazardous duty is not being performed under any color of an employment agreement. 1957 Op. Att'y Gen. No. 57-41.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 6 - New Mexico Mounted Patrol › Section 29-6-4.1 - Training and entrance requirements of the New Mexico mounted patrol.

A. The New Mexico law enforcement academy is hereby empowered to approve a basic law enforcement training program for New Mexico mounted patrol members. The academy is authorized to promulgate the necessary rules and regulations setting program standards and record keeping requirements.
B. New Mexico mounted patrol members who began active service prior to July 1, 1983 are exempted from the basic law enforcement training requirements set forth in Subsection A of this section.
History:
1978 Comp., § 29 6 4.1, enacted by Laws 1985, ch. 83, § 1.
ANNOTATIONS
Cross references.
— For law enforcement training,
see
29-7-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 6 - New Mexico Mounted Patrol › Section 29-6-4.2 - Mounted patrol; applicants; criminal history screening; denial of commission.

A. As used in this section:
(1) "criminal record" means information concerning a person's arrests, indictments or other formal criminal charges and any dispositions arising from them, including convictions, dismissals, acquittals, sentencing and correctional supervision, collected by criminal justice agencies and stored in the databases of the federal bureau of investigation, the national law enforcement telecommunications system, the department of public safety or the repositories of criminal history information of other states; and
(2) "criminal history screening" means a criminal history background investigation of an applicant for the New Mexico mounted patrol conducted by using fingerprints collected by the department of public safety or a local law enforcement agency and submitted to the federal bureau of investigation.
B. The New Mexico mounted patrol shall perform a criminal history screening on all applicants for mounted patrol. If an applicant has a criminal record, his application for a commission in the mounted patrol may be denied. If an applicant has a felony conviction or a conviction for a misdemeanor involving moral turpitude, his application for a commission in the mounted patrol shall be denied.
C. The chief of the New Mexico state police shall determine whether to grant a commission to an applicant who has a criminal record that did not result in conviction of a felony or a misdemeanor involving moral turpitude. The chief's decision to deny an application for a commission in the mounted patrol is final and may not be appealed.
D. An applicant for the New Mexico mounted patrol shall be fingerprinted and the applicant shall provide two fingerprint cards or the equivalent electronic fingerprints to the mounted patrol to assist the mounted patrol in conducting a criminal history screening of the applicant. The applicant shall pay the cost of the criminal history screening. The mounted patrol shall not charge the applicant more than the actual cost of the nationwide criminal history screening.
History:
Laws 1999, ch. 121, § 1.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 6 - New Mexico Mounted Patrol › Section 29-6-6 - [Service upon call of governor.]

The governor shall have the power in case of insurrection, invasion, riot, breach of the peace or imminent danger to call into service the New Mexico mounted patrol or any unit or member thereof. Any and all service under such call shall be under the direction and control of the governor.
History:
1941 Comp., § 66-1107, enacted by Laws 1941, ch. 149, § 7; 1953 Comp., § 9-11-7.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 7 - Law Enforcement Training › Section 29-7-1 - Short title.

Chapter 29, Article 7 NMSA 1978 may be cited as the "Law Enforcement Training Act".
History:
1953 Comp., § 39-6-1, enacted by Laws 1969, ch. 264, § 1; 1970, ch. 48, § 1; 1981, ch. 114, § 1; 1993, ch. 255, § 1.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "Chapter 29, Article 7 NMSA 1978" for "Sections 29-7-1 through 29-7-11".
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 7 - Law Enforcement Training › Section 29-7-2 - Academy established.

The "New Mexico law enforcement academy" is established to provide a planned program of basic law enforcement training and in-service law enforcement training for police officers and to furnish instruction and seminars to constantly upgrade law enforcement within the state.
History:
1953 Comp., § 39-6-2, enacted by Laws 1969, ch. 264, § 2; 1970, ch. 48, § 2; 1981, ch. 114, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability of supervisory officials and governmental entities for having failed to adequately train, supervise, or control individual peace officers who violate plaintiff's civil rights under 42 USCS § 1983, 70 A.L.R. Fed. 17.
2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 7 - Law Enforcement Training › Section 29-7-4.1 - Domestic abuse incident training.

Domestic abuse incident training that includes information on strangulation shall be included in the curriculum of each basic law enforcement training class. Domestic abuse incident training shall be included as a component of in-service training each year for certified police officers.
History:
Laws 2002, ch. 34, § 3; 2002, ch. 35, § 3; 2018, ch. 37, § 1.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, required that information on strangulation be included in domestic abuse incident training in the curriculum of each basic law enforcement training class; and after "Domestic abuse incident training", added "that includes information on strangulation".