SENATE BILL 8

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54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 2020

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INTRODUCED BY

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Joseph Cervantes

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AN ACT

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RELATING TO LAW ENFORCEMENT; REQUIRING CERTAIN LAW ENFORCEMENT

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AGENCIES TO USE BODY-WORN CAMERAS; REQUIRING LAW ENFORCEMENT

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AGENCIES TO ADOPT CERTAIN POLICIES AND PROCEDURES; REVOKING A

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POLICE OFFICER'S CERTIFICATION AFTER CONVICTION OR MAKING

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CERTAIN PLEAS; ADDING A CAUSE OF ACTION FOR SPOLIATION BY A LAW

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ENFORCEMENT OFFICER IN THE TORT CLAIMS ACT; CLARIFYING

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APPLICABILITY OF CERTAIN PROVISIONS OF THE TORT CLAIMS ACT;

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DECLARING AN EMERGENCY.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.

[NEW MATERIAL] REQUIRING CERTAIN LAW

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ENFORCEMENT AGENCIES TO USE BODY-WORN CAMERAS WHILE ON DUTY--

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ADOPTION OF POLICIES AND PROCEDURES GOVERNING USE.-A.

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A law enforcement agency shall require peace

officers the agency employs and who routinely interact with the
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public to wear a body-worn camera while on duty.

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enforcement agency subject to the provisions of this section

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shall adopt policies and procedures governing the use of

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body-worn cameras, including:
(1)

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requiring activation of a body-worn camera

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whenever a peace officer is responding to a call for service or

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at the initiation of any other law enforcement or investigative

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encounter between a peace officer and a member of the public;
(2)

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prohibiting deactivation of a body-worn

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camera until the conclusion of a law enforcement or

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investigative encounter;

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(3)

prohibiting the recording of general

(4)

requiring that any video recorded by a

activity;

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Each law

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body-worn camera shall be retained by the law enforcement

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agency for not less than one hundred twenty days; and
(5)

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officers who:
(a)

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(b)

intentionally manipulate a body-worn

(c)

prematurely erase a body-worn camera

camera recording; or

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fail to operate a body-worn camera

in accordance with law enforcement agency policies;

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establishing disciplinary rules for peace

recording in violation of law enforcement agency policies.
B.

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Peace officers who fail to comply with the

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policies and procedures required to be adopted pursuant to

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Subsection A of this section shall be deemed liable for the

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independent tort of negligent spoliation of evidence or the

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independent tort of intentional spoliation of evidence.
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As used in this section:
(1)

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device worn on a person's body that records both audio and

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video data;
(2)

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"law enforcement agency" means the police

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department of a municipality, the sheriff's office of a county,

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the New Mexico state police or the department of public safety;

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and
(3)

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"body-worn camera" means an electronic

"peace officer" means any full-time

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salaried or certified part-time salaried officer who by virtue

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of office or public employment is vested by law with the duty

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to maintain the public peace.

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SECTION 2.

A new section of the Law Enforcement Training

Act is enacted to read:

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"[NEW MATERIAL] REVOKE POLICE OFFICER CERTIFICATION AFTER

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CONVICTION OR MAKING CERTAIN PLEAS.--Notwithstanding any other

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provision of law, if any police officer is convicted of or

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pleads guilty or nolo contendere to a crime involving the

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unlawful use or threatened use of physical force or a crime

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involving the failure to intervene in the use of unlawful force

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or is found to be civilly liable for the use of unlawful
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physical force or for failure to intervene in the use of

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unlawful force, the board shall permanently revoke the police

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officer's certification.

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circumstance, reinstate the police officer's certification or

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grant new certification to the police officer unless the police

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officer is exonerated by a court."

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SECTION 3.

Section 41-4-12 NMSA 1978 (being Laws 1976,

Chapter 58, Section 12, as amended) is amended to read:
"41-4-12.

LIABILITY--LAW ENFORCEMENT OFFICERS--

RETROACTIVE APPLICATION.-A.

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The board shall not, under any

The immunity granted pursuant to Subsection A of

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Section 41-4-4 NMSA 1978 does not apply to liability for

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personal injury, bodily injury, wrongful death or property

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damage resulting from assault, battery, false imprisonment,

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false arrest, malicious prosecution, abuse of process, libel,

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slander, defamation of character, violation of property rights,

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the independent tort of negligent spoliation of evidence or the

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independent tort of intentional spoliation of evidence, failure

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to comply with duties established pursuant to statute or law or

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any other deprivation of any rights, privileges or immunities

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secured by the constitution and laws of the United States or

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New Mexico when caused by law enforcement officers while acting

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within the scope of their duties.

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section, "law enforcement officer" means a public officer or

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employee vested by law with the power to maintain order, to
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For purposes of this

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make arrests for crime or to detain persons suspected of or

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convicted of committing a crime, whether that duty extends to

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all crimes or is limited to specific crimes.
B.

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cases pending or on appeal on or after May 20, 2020."
SECTION 4.

EMERGENCY.--It is necessary for the public

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peace, health and safety that this act take effect immediately.

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The provisions of this section apply to all

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