New Mexico 2023 Regular Session Status: Enacted 1 D cosponsors

SB 368 — LAW ENFORCEMENT BODY CAM EXCEPTIONS

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2023. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on March 30, 2023.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

79 added · 141 removed

Plain-language change summary

The updated version of Bill SB 368 introduces exceptions to the requirement that law enforcement officers wear body cameras while on duty. Specifically, it allows for certain situations where officers may not be required to use these cameras. This change matters because it aims to balance accountability in law enforcement with the practical considerations of officers in specific circumstances, potentially affecting how transparency is maintained during police interactions.

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SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 368 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 4 6 8 10 AN ACT RELATING TO LAW ENFORCEMENT;
AN ACT RELATING TO LAW ENFORCEMENT;
PROVIDING EXCEPTIONS IN CERTAIN SITUATIONS TO THE REQUIREMENT THAT LAW ENFORCEMENT USE BODY- WORN CAMERAS.
PROVIDING EXCEPTIONS IN CERTAIN SITUATIONS TO THE REQUIREMENT THAT LAW ENFORCEMENT USE BODY-WORN CAMERAS.
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 29-1-18 NMSA 1978 (being Laws 2020 e t 17 (1st S.S.), Chapter 7, Section 1) is amended to read:
Section 29-1-18 NMSA 1978 (being Laws 2020 (1st S.S.), Chapter 7, Section 1) is amended to read:
w l n d 18 "29-1-18.
"29-1-18.
REQUIRING CERTAIN LAW ENFORCEMENT AGENCIES TO = = 19 a l USE BODY-WORN CAMERAS WHILE ON DUTY--EXCEPTIONS--ADOPTION OF i a e r 20 POLICIES AND PROCEDURES GOVERNING USE.-- a t m m 21 A.
REQUIRING CERTAIN LAW ENFORCEMENT AGENCIES TO USE BODY-WORN CAMERAS WHILE ON DUTY--EXCEPTIONS--ADOPTION OF POLICIES AND PROCEDURES GOVERNING USE.-- A.
A law enforcement agency shall require peace d r e 22 officers the agency employs and who routinely interact with the c e s k 23 public to wear a body-worn camera while on duty, except as e a n b 24 provided in Subsection B of this section.
A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty, except as provided in Subsection B of this section.
Each law enforcement u [ agency subject to the provisions of this section shall adopt .225902.3 SJC/SB 368 policies and procedures governing the use of body-worn cameras, including:
Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:
(2) prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;
(2) prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or SJC/SB 368 Page 1 investigative encounter;
e t 17 (b) intentionally manipulate a body-worn w l n d 18 camera recording;
(b) intentionally manipulate a body- worn camera recording;
or = = 19 (c) prematurely erase a body-worn camera a l i a e r 20 recording in violation of law enforcement agency policies.
or (c) prematurely erase a body-worn camera recording in violation of law enforcement agency policies.
a t m m 21 B.
B.
The provisions of Subsection A of this section d r e 22 shall not apply when a peace officer:
The provisions of Subsection A of this section shall not apply when a peace officer:
c e s k 23 (1) conducts an undercover operation e a n b 24 sanctioned by a law enforcement agency;
(1) conducts an undercover operation sanctioned by a law enforcement agency;
or u [ (2) conducts an explosive recovery and .225902.3 - 2 - SJC/SB 368 disposal operation to render safe or disassemble an explosive or incendiary device and materials.
or (2) conducts an explosive recovery and disposal operation to render safe or disassemble an explosive or incendiary device and materials.
[B.] C.
C.
Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section [shall] may be presumed to have acted in bad faith and [shall] may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.
Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort SJC/SB 368 Page 2 of intentional spoliation of evidence.
[C.] D.
D.
[and] e t 17 (3) "peace officer" means any full-time w l n d 18 salaried or certified part-time salaried officer who by virtue = = 19 of office or public employment is vested by law with the duty a l i a e r 20 to maintain the public peace;
(3) "peace officer" means any full-time salaried or certified part-time salaried officer who by virtue of office or public employment is vested by law with the duty to maintain the public peace;
and a t m m 21 (4) "undercover operation" means an operation d r e 22 that:
and (4) "undercover operation" means an operation that:
c e s k 23 (a) is conducted by one or more law e a n b 24 enforcement agencies that is focused on a suspect or suspects u [ who are the target of an ongoing criminal investigation;
(a) is conducted by one or more law enforcement agencies that is focused on a suspect or suspects who are the target of an ongoing criminal investigation;
.225902.3 - 3 - SJC/SB 368 (b) involves one or more covert operatives whose identities are concealed and kept confidential;
(b) involves one or more covert operatives whose identities are concealed and kept confidential;
and (c) is designed to either obtain information about criminal activity of individuals or organizations through the development of ongoing relationships with individuals or organizations or to effect an arrest." - 4 - 10 12 14 16 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 [ .225902.3
and (c) is designed to either obtain information about criminal activity of individuals or organizations through the development of ongoing relationships with individuals or organizations or to effect an arrest." SJC/SB 368 Page 3
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Judiciary Committee

  5. passed Senate

  6. DO NOT PASS, replaced with committee substitute

  7. DO PASS committee report adopted

  8. Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 368?
SB 368 is sponsored by Harold Pope (Democrat).
What is the current status of SB 368?
This bill has been enacted into law. Introduced February 07, 2023. Enacted.
Where can I track SB 368?
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