TRIBAL & PUEBLO LAW ENFORCEMENT
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SB 33 — TRIBAL & PUEBLO LAW ENFORCEMENT
Last action — DO NOT PASS, replaced with committee substitute
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
290 added · 272 removedPlain-language change summary
The amendments to Bill SB 33 clarify the procedures for establishing commissioning agreements between New Mexico law enforcement and Indian nations, tribes, and pueblos, as well as Bureau of Indian Affairs officers. It now explicitly states that these officers, once certified by the New Mexico law enforcement academy, will be recognized as New Mexico peace officers with the authority to enforce state laws. This change is important because it formalizes the process and outlines the scope of authority, which may help improve collaboration between state and tribal law enforcement.
SENATE INDIAN, RURAL AND CULTURAL AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 33 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED4 BY6 Benny8 Shendo,10 Jr.AN ACT RELATING TO LAW ENFORCEMENT;
AndSPECIFYING CharlottePROCEDURES LittleAND 6CONDITIONS 8ON 10LAW ANENFORCEMENT ACTCOMMISSIONING RELATINGAGREEMENTS TOWITH LAWINDIAN ENFORCEMENT;NATIONS, TRIBES AND PUEBLOS AND BUREAU OF INDIAN AFFAIRS OFFICERS;
ALLOWINGLIMITING CERTIFIEDSTATE AND COMMISSIONEDLOCAL TRIBALLIABILITY; AND PUEBLO POLICE AND BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT OFFICERS TO ENFORCE NEW MEXICO LAW WITHOUT COMMISSION AGREEMENTS;
LIMITINGDISTINGUISHING STATECITATIONS ORAND LOCALCOURTS. LIABILITY.
AUTHORIZATION OF TRIBAL AND PUEBLO POLICE a t m m 21 OFFICERS AND CERTAIN FEDERAL OFFICERS TO ACT AS NEW MEXICO d r e 22 PEACE OFFICERSOFFICERS--AUTHORITY [AUTHORITY AND PROCEDURE FOR COMMISSIONED PEACE c e s k 23 OFFICERS].--OFFICERS.-- e a n b 24 A.
[All persons who are duly] Commissioned officers u [ of the police [or sheriff's] department of [any] a New Mexico .223414.2.225375.2 SIRC/SB 33 Indian nation, tribe or pueblo or who[who areare] law enforcement officers employed by the bureau of Indian affairs and[and [are]are] assigned in New Mexico andare, whowhen arecommissioned [when[under] commissionedpursuant underto a commissioning agreement in accordance with Subsection B of this section]section and certified by the New Mexico law enforcement academy or a basic law enforcement training program approved by the academyNew areMexico law enforcement academy, recognized and authorized to act as New Mexico peace officers.
[B.B.
The chief of the New Mexico state police is[is granted authority toto] shall issue commissions as New Mexico peace officers to members[members] police officers of the police or[or sheriff'ssheriff's] department of any[any] a New Mexico Indian nation, tribe or pueblo or a law enforcement officer employed by the e t 17 bureau of Indian affairs to[to implement the provisions of this section.w l n d 18 section] within thirty days of the officer meeting the = = 19 requirements for a state law enforcement commission.
The proceduresa tol bei a e tr 1720 procedures to be followed in the issuance and[and], denial, a t m m 21 suspension or revocation of commissions and the wrespective l n d 18r respectivee 22 rights and responsibilities of the departments shall =be =set 19c ae ls bek set23 forth in a written commissioning agreement to be executed betweene thea in ab e24 rbetween 20the chief of the New Mexico state police and the Indian nation,u a[ tnation, m m 21 tribe or pueblo or the appropriate federal official.
d.225375.2 r- e2 22- SIRC/SB 33 C.
The agreement referred to in Subsection B of c e s k 23 this section shall contain the following conditions:
e a n b 24 (1) the Indian nation, tribe or pueblo, but u [ not the bureau of Indian affairs, shall submit proof of .223414.2 - 2 - adequate public liability and property damage insurance for vehicles operated by the peace officers and police professional liability insurance from a company licensed to sell insurance in the state;
(2) each applicant for a commission shall successfully complete[complete] have completed four hundred hours of basic police training that is approved by the director of the New Mexico law enforcement academy;
(3) the chief of the New Mexico state police shall have the authority to suspend any[any] or revoke a commission granted pursuant to Subsection B of this section for the same reasons solely[solely within the chief's discretion;discretion] any e t 17 other New Mexico law enforcement officer's commission would be w l n d 18 suspended or revoked;
= = 19 (4) if any[any provision of] there is a material a l i a e r 20 breach of the agreement is[is violatedviolated] by the Indian nation, a t m m 21 tribe or pueblo or any of its agents, the chief of the New d r e 22 Mexico state police shall[shall] may suspend the agreement on five c e s k 23 days' notice, which suspension shall last e t 17 until the chief is e a n b 24 satisfied that the violation has been w l n d 18 corrected and will not u [ recur;
=.225375.2 =- 193 a- lSIRC/SB 33 (5) the[the goldenrod-colored officer's secondsecond] i a e r 20 copy of any[any] a citation issued pursuant to a commission authorized a t m m 21 by this section shall be submitted within five days to the d r e 22 chief of the New Mexico state police;
c(6) e[any] sa kcitation 23[issued (6)pursuant anyto citationa commission authorized by this section] issued by tribal or pueblo police officers pursuant to astate elaw ashall nbe bto 24a commissionmagistrate authorizedcourt byof thisNew section]Mexico u[except [that B.any].
EachTribal police officer commissioned by a New Mexico .223414.2 - 3 - Indian nation, tribe or pueblo orcivil thecitations bureauissued ofto Indiana affairsnon-Indian shalland betribal liablecitations forissued anyto actsIndians of that officer acting within the scopeexterior boundaries of thean officer'sIndian employmentreservation orshall authoritybe whencited actinginto astribal acourt; New Mexico peace officer.
Neither(7) the stateagreement noror any[any] politicala subdivisioncommission issued pursuant to [it] the agreement shall benot liableconfer forany actsauthority on a tribal court or failuresother totribal actauthority bythat suchthe peacecourt officer.or authority would not otherwise have;
Theand New(8) Mexicothe Indianauthority nation,conferred tribeby or[any] puebloan ore t 17 agreement [entered into pursuant to the bureauprovisions of Indianthis affairsw l n d 18 section] shall submitbe proofcoextensive towith the riskexterior managementboundaries division of = = 19 the generaltribal servicesor departmentpueblo ofpolice adequateofficer's publicreservation liabilityexcept andthat propertya damagel insurancei fora motore vehiclesr operated20 byan officer [commissioned under this section] may proceed in hot a t m m 21 pursuit of an offender beyond the peaceexterior officerboundaries andof policethe professionald liabilityr insurancee from22 officer's reservation [and] or may transport persons who have c e s k 23 been arrested for a companyviolation licensedof state law to sellan insuranceappropriate ine Newa Mexico.n b 24 off-reservation detention facility or to the custody of a state u [ or local law enforcement agency.
Citations.225375.2 shall- be4 to- aSIRC/SB magistrate33 courtD. of New Mexico;
exceptThe thatchief [any]of citationsthe issuedNew toMexico Indiansstate police shall enter into a commissioning agreement with an Indian nation, tribe or pueblo within sixty days of the exteriorrequest boundariesfrom ofthe anIndian nation, tribe or pueblo unless the chief provides specific written reasons why the Indian reservationnation, shalltribe beor citedpueblo does not meet the statutory requirements for entering into tribala court.commissioning agreement.
[(7)E. the agreement or any commission issued e t 17 pursuant to it shall not confer any authority on a tribal court w l n d 18 or other tribal authority that the court or authority would not = = 19 a l otherwise have;
i a e r 20 (8)] C.
The authority conferred [by any agreement a t m m 21 entered into] pursuant to the provisions of this section shall d r e 22 be coextensive with the exterior boundaries of the tribal or c e s k 23 pueblo officer's reservation except that an officer e a n b 24 [commissioned under this section] may proceed in hot pursuit of u [ an offender beyond the exterior boundaries of the officer's .223414.2 - 4 - reservation [and].
D.
southerly along the western e t 17 right-of-way line of US 491 to the northerly city w l n d 18 limits of Gallup;
thence, easterly along the = = 19 northerly city limits of Gallup to the northern side a l i a e r 20 of the right of way of I-40;
thence, in an easterly a t m m 21 direction along the northerly side of the right of d r e 22 way of I-40 to the northerly limits of the village c e ts 17k 23 of Prewitt;
thence, in a straight line between the we la n db 1824 northerly boundary of the village of Prewitt to the =u =[ 19 a l southerly boundary of Ambrosia Lake;
thence in a i.225375.2 a- e5 r- 20SIRC/SB 33 straight line between the southerly boundary of a t m m 21 Ambrosia Lake to the southerly boundary of Hospah;
d r e 22 thence, east along a straight line from the c e s k 23 southerly boundary of Hospah to the southern e a n b 24 boundary of Torreon;
thence along the easterly side u [ of the right of way of state road 197 to the .223414.2 - 5 - westerly city limits of Cuba;
thence, northerly along the westerly boundary of the Jicarilla Apache Indian reservation to a point where the westerly boundary of the reservation intersects the southerly side of the e t 17 right of way of state road 44;
thence, northerly w l n d 18 along the southerly side of the right of way of = = 19 state road 44 to its intersection with the northerly a l i a e r 20 side of the right of way of Navajo road 3003;
a t m m 21 thence, along the northerly side of the right of way d r e 22 of Navajo road 3003 to a point where the northerly c e ts 17k 23 side of the right of way of Navajo road 3003 we la n db 1824 intersects the westerly side of the right-of-way =u =[ 19 a l line of state road 371;
thence, northerly along the i.225375.2 a- e6 r- 20SIRC/SB 33 west side of the right of way of state road 371 to a t m m 21 the southerly side of the right of way of Navajo d r e 22 road 36;
thence, westerly along the southerly side c e s k 23 of the right of way of Navajo road 36 to the eastern e a n b 24 border of the Navajo Nation reservation;
thence, u [ along the eastern and southerly borders of the .223414.2 - 6 - Navajo Nation reservation to the point of beginning.
E.F.
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The municipalities of Cuba and Gallup and the villages of Thoreau and Prewitt are excluded from the grant of authority that may be conferred in [any] the written agreement entered into pursuant to the provisions of this [section] subsection and Subsection DE of this section;
the Navajo e t 17 Nation Blue Water ranch area of the Thoreau community;
the w l n d 18 Prewitt community, exclusive of the village of Prewitt;
the = = 19 Haystack community;
the Sand Springs a l i a e r 20 community;
the Charley Jesus a t m m 21 Arviso and the Castillo community;
and state road 264 beginning d r e 22 at the point where it intersects US 491 and ending where state c e ts 17k 23 road 264 intersects the Arizona-New Mexico state line.
[and we la n db 1824 (9)] The chief of the New Mexico state police or the chief's =u =[ 19 a l designee and the [Indian nation, tribe or pueblo or the i.225375.2 a- e7 r- 20SIRC/SB 33 appropriate federal official] Navajo Nation shall be required a t m m 21 to meet at least quarterly or more frequently at the call of d r e 22 the chief of the New Mexico state police to discuss the status c e s k 23 of the agreement and invite other law enforcement or other e a n b 24 officials to attend as necessary.
u [ [D.] F.G.
Nothing in this section impairs or affects .223414.2 - 7 - the existing status and sovereignty of an Indian nation, tribe or pueblo as established under the laws of the United States.
[E.] G.H.
United States customs service;[service;
immigration and naturalization service;service] and border protection;
United States immigration and customs enforcement;
and e t 17 United States pretrial services agency;
and other appropriate w l n d 18 federal officers whose primary duty is law enforcement related, = = 19 who are assigned in New Mexico and who are required to be a l i a e r 20 designated by the county sheriff on a case-by-case basis in the a t m m 21 county in which they are working, are recognized and authorized d r e 22 to act as New Mexico peace officers and have all the powers of c e s k 23 New Mexico peace officers to enforce state laws in New Mexico, including e ta 17n b 24 including the power to make arrests for violation of state u [ laws.
The w l n d 18 department of public safety shall maintain a registry.225375.2 that- =8 =- 19SIRC/SB a33 lregistry that lists the name and affiliated federal agency of every federal i a e r 20 law enforcement officer recognized and authorized to act as a a t m m 21 New Mexico peace officer pursuant to the provisions of this d r e 22 subsection.
This subsection shall not be construed to impose c e s k 23 liability upon or to require indemnification by the state for e a n b 24 any act performed by a federal law enforcement officer pursuant u [ to this subsection.
.223414.2 - 8 - [F.] H.I.
The provisions of Subsection [E] GH of this section regarding designation of federal law enforcement officers by a county sheriff do not apply to federal law enforcement officers who are duly commissioned officers of a police [or sheriff's] department for an Indian nation, tribe or pueblo in New Mexico or who are federal law enforcement officers employed by the bureau of Indian affairs.
[G.[G.] J.
Nothing in this section limits, impairs or nullifies the authority of county sheriffs to appoint pursuant e t 17 to Chapter 4, Article 41 NMSA 1978 duly commissioned state or w l n d 18 federally certified officers who are employees of a police or = = 19 sheriff's department of an Indian nation, tribe or pueblo in a l i a e r 20 New Mexico or who are federal law enforcement officers employed a t m m 21 by the bureau of Indian affairs as deputy sheriffs authorized d r e 22 to enforce New Mexico criminal and traffic law.]"law." c e s k 23 SECTION 2.
That version of Section 29-7-7 NMSA 1978 e ta 17n b 24 (being Laws 1981, Chapter 114, Section 6, as amended) that is wu l[ n d 18 effective July 1, 2023 is amended to read:
=.225375.2 =- 199 a- lSIRC/SB 33 "29-7-7.
DEFINITIONS.--For the purpose of the Law i a e r 20 Enforcement Training Act:
a t m m 21 A.
"academy" means the New Mexico law enforcement d r e 22 academy;
c e s k 23 B.
"basic law enforcement training" means a course e a n b 24 consisting of not less than four hundred hours of instruction u [ in basic law enforcement training as required by the Law .223414.2 - 9 - Enforcement Training Act;
e t 17 G.
"division" means the New Mexico law enforcement w l n d 18 academy of the department of public safety;
= = 19 H.
"in-service law enforcement training" means a a l i a e r 20 course of instruction required of all certified peace officers a t m m 21 and designed to train and equip all police officers in the d r e 22 state with specific law enforcement skills and to ensure the c e s k 23 continuing development of all police officers in the state.
e ta 17n b 24 The training and instruction shall be kept current and may be wu l[ n d 18 conducted on a regional basis at the discretion of the =.225375.2 =- 1910 a- lSIRC/SB 33 director;
i a e r 20 I.
"law enforcement agency" means an agency of the a t m m 21 state or local political subdivision of the state that employs d r e 22 certified law enforcement officers or the police department of c e s k 23 a tribe that has entered into an agreement with the department e a n b 24 of public safety pursuant to Section 29-1-11 NMSA 1978;
u [ J.
"police officer" means [any] a commissioned .223414.2 - 10 - employee of a law enforcement agency that is part of or administered by the state or any political subdivision of the state;state and includes any employee of a missile range civilian police department who is a graduate of the academy or a recognized certified regional law enforcement training facility and who is currently certifiable by the academy or a state- commissioned employee of a police department of an Indian nation, tribe or pueblo, which employee is responsible for the prevention and detection of crime or the enforcement of the e t 17 penal or traffic or highway laws of this state.
aThe commissionedterm policew officerl ofn and Indian18 nation,specifically tribeincludes ordeputy pueblo;sheriffs.
andSheriffs [includesare any]eligible an= employee= of19 ato missileattend range civilian police department, who is a graduate of the law enforcement academy, a recognized certified regional law enforcement training facility or other law enforcement training approved by the academy and whoare iseligible currentlyto certifiablereceive bycertification thea academy,l whichi employeea ise responsibler for20 theas preventionprovided andin detection of crime or the enforcementLaw ofEnforcement theTraining penalAct. or traffic or highway laws of this state.
TheAs termused specificallyin includesa deputyt sheriffs.m m 21 this subsection, "commissioned" means an employee of a law d r e 22 enforcement agency who is authorized by a sheriff or chief of c e s k 23 police to apprehend, arrest and bring before the court all e a n b 24 violators within the law enforcement agency's jurisdiction;
Sheriffs are eligible to attend the academy and areu eligible[ toK. receive certification as provided in the Law Enforcement Training Act.
As"certified usedregional inlaw thisenforcement subsection,training "commissioned".225375.2 means- an11 employee- ofSIRC/SB 33 facility" means a law enforcement agencytraining whofacility iswithin authorizedthe state certified by athe sheriffdirector, orwith chiefthe approval of policethe toacademy's apprehend,board eof tdirectors, 17that arrestoffers basic law enforcement training and bringin-service beforelaw theenforcement courttraining allthat violatorsis withincomparable to or exceeds the lawstandards wof lthe nprograms dof 18the enforcementacademy." agency'sSECTION jurisdiction;3.
and = = 19 a l K.
"certified regional law enforcement training i a e r 20 facility" means a law enforcement training facility within the a t m m 21 state certified by the director, with the approval of the d r e 22 academy's board of directors, that offers basic law enforcement c e s k 23 training and in-service law enforcement training that is e a n b 24 comparable to or exceeds the standards of the programs of the u [ academy." .223414.2 - 11 - SECTION 3.
- 12 - 5 7 9 11 13 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .223414.2.225375.2
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View plain text versions (2)
- Substitute IC substitute Current pdf
- Introduced introduced version pdf
Action History
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DO NOT PASS, replaced with committee substitute
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Sent to Senate Indian, Rural and Cultural Affairs Committee & Senate Judiciary Committee
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Sent to Senate Pre-file
Sponsors
- Charlotte Little · Primary
- Jr. Benny Shendo · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 110 not signed on
Sponsors (2)
- Little, Charlotte
- Benny Shendo, Jr. Democrat
Co-sponsors (0)
None.
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 33?
- SB 33 is sponsored by Little, Charlotte and Benny Shendo, Jr. (Democrat).
- What is the current status of SB 33?
- This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 33?
- Track SB 33 free on One Click Politics — get push/email alerts when it moves.
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