HM 104 — STUDY LAW ENFORCEMENT BODY CAMERA ISSUES

HOUSE MEMORIAL 104 53RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION , 2018 INTRODUCED BY Gail Chasey 6 8 10 A MEMORIAL REQUESTING THE ATTORNEY GENERAL TO STUDY THE ISSUES ASSOCIATED WITH PUBLIC AND PRIVATE INFORMATION COLLECTED WITH BODY-WORN CAMERAS ON LAW ENFORCEMENT OFFICERS.

156 WHEREAS, the recent emergence of the use of body-worn cameras by law enforcement has had a positive impact on e t 17 policing throughout the state, and this impact will increase as w l n d 18 more law enforcement agencies adopt this technology;

and = = 19 a l WHEREAS, the use of body-worn cameras by law enforcement i a e r 20 officers conveys the message to the public that the actions of a t m m 21 law officers are a matter of public record and concern;

and d r e 22 WHEREAS, the use of body-worn cameras can improve evidence c e s k 23 collection, strengthen individual officer performance and e a n b 24 accountability, enhance the overall transparency of a law u [ enforcement agency and document encounters between the police .210314.2 and the public to assist in investigation and resolution of complaints and officer-involved incidents;

and WHEREAS, the use of body-worn cameras is required by the court-approved settlement agreement between the United States department of justice and the city of Albuquerque when Albuquerque police have calls for service involving HM 104 behavioral concerns;

and Page 1 WHEREAS, law enforcement officers are the de facto first responders for behavioral health calls for service in the state;

and WHEREAS, law enforcement records are considered public e e 17 records, with some exceptions;

and e e n d 18 WHEREAS, New Mexico emergency medical services guidelines = = l ] 19 for November 2012 consider patients' health confidential, and a l r i 20 providers of both mental health and physical health care are t e a t covered under the federal Health Insurance Portability and m m 21 e d r e 22 Accountability Act of 1996;

and c e r c 23 WHEREAS, Bernalillo county and the city of Albuquerque are e a n b 24 deploying new mobile crisis teams, each of which consists of a u [ law enforcement officer and a behavioral health clinician for .210314.2 - 2 - behavioral health calls;

and HM 104 Page 2 WHEREAS, carefully crafted policies on the use of body-worn cameras by law enforcement officers could address the use of this technology throughout the state;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF e e 17 REPRESENTATIVES OF THE STATE OF NEW MEXICO that the attorney e e n d 18 general be requested to convene a group of stakeholders to = = l ] 19 study and make recommendations for policy and legislation that a l r i 20 would incorporate best practices in law enforcement, protect t e a t the mental and physical health information of individuals, m m 21 e d r e 22 protect the privacy of victims of crime and provide the c e r c 23 necessary transparency to law enforcement officers to ensure e a n b 24 community support for their actions;

and u [ BE IT FURTHER RESOLVED that the stakeholders include .210314.2 - 3 - representatives from the New Mexico association of counties, the New Mexico municipal league, the department of health, the children, youth and families department, the aging and long-term services department, the corrections department, the veterans' services department, the behavioral health services division of the human services department, the HM 104 Page 3 interagency behavioral health purchasing collaborative, the administrative office of the district attorneys, the public defender department, the New Mexico criminal defense lawyers association, the New Mexico sheriffs and police association, the New Mexico hospital association, disability rights New Mexico, the national alliance on mental illness New Mexico, the New Mexico coalition against domestic violence, the New Mexico foundation for open government, the American civil liberties union of New Mexico, the Albuquerque police department, the Bernalillo county sheriff's office, the New Mexico state police e e 17 and at least two members of Native American tribes;

and e e n d 18 BE IT FURTHER RESOLVED that the attorney general be = = l ] 19 requested to report the stakeholders' findings to the a l r i 20 appropriate interim legislative committees by December 1, 2018;

t e a t and m m 21 e d r e 22 BE IT FURTHER RESOLVED that copies of this memorial be c e r c 23 transmitted to the executive director of the New Mexico e a n b 24 association of counties, the executive director of the New u [ Mexico municipal league, the director of the administrative .210314.2 - 4 - office of the district attorneys, the chief public defender, the executive director of the New Mexico foundation for open government, the executive director of the American civil liberties union of New Mexico, the Albuquerque police chief, the Bernalillo county sheriff, the executive director of the HM 104 Page 4 New Mexico criminal defense lawyers association, the president of the New Mexico hospital association, the chair of the interagency behavioral health purchasing collaborative, the executive director of disability rights New Mexico, the executive director of the national alliance on mental illness New Mexico, the executive director of the New Mexico coalition against domestic violence and the secretaries of health, public safety, aging and long-term services, corrections and children, youth and families.

-HM 5104 -Page e5 e25 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .210314.2