SB 8 — LAW ENFORCEMENT BODY CAMERAS

SENATE BILL 8 54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 2020 INTRODUCED BY Joseph Cervantes This document incorporates amendments that have been adopted during the current legislative session.

The document is a tool to show the amendments in context and is not to be used for the purpose of amendments.

REQUIRING CERTAIN LAW ENFORCEMENT h AGENCIES TO USE BODY-WORN CAMERAS;

REQUIRING LAW ENFORCEMENT g o AGENCIES TO ADOPT CERTAIN POLICIES AND PROCEDURES;

REVOKING A t hr g e i k POLICE OFFICER'S CERTIFICATION AFTER CONVICTION OR MAKING h r i s CERTAIN PLEAS;

ADDING A CAUSE OF ACTION FOR SPOLIATION BY A LAW h , t, ENFORCEMENT OFFICER IN THE TORT CLAIMS ACTACT. SJCº ;

CLARIFYINGBE eIT uENACTED gBY eTHE bLEGISLATURE l e e h APPLICABILITY OF CERTAINTHE PROVISIONSSTATE OF THENEW TORTMEXICO: CLAIMS ACT;

nSECTION d1. d i = = o h DECLARING AN EMERGENCY»SJC.

lREQUIRING ]CERTAIN bLAW ,dENFORCEMENT iAGENCIES aTO ºUSE eBODY-WORN rCAMERAS iWHILE =ON rDUTY--ADOPTION t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THEPOLICIES STATEAND OFPROCEDURES NEWGOVERNING MEXICO:USE.-- A.

d m :

b e d s º o t n = .218008.5AIC June 21, 2020 (2:12 pm) s k m e e a n e d r e l u [ A d SECTION 1.

[NEW MATERIAL] REQUIRING CERTAIN LAW ENFORCEMENT AGENCIES TO USE BODY-WORN CAMERAS WHILE ON DUTY-- ADOPTION OF POLICIES AND PROCEDURES GOVERNING USE.-- A.

(2) prohibiting deactivation of a body-worn SB 8 Page 1 camera until the conclusion of a law enforcement or investigative encounter;

SJCº (3) prohibiting the recording of general h g activity;»SJC o t hr SJCº (4)»SJC SJCº(3)»SJC requiring that any g e i k video recorded by a body-worn camera shall be retained by the h r i s h law enforcement agency for not less than one hundred twenty , t, e u g days;

and e(4) b l e e h SJCº (5)»SJC SJCº(4)»SJC establishing n d d i = = o h disciplinary rules for peace officers who:

l ] b ,d i a º e r i = r (a) fail to operate a body-worn camera t e w d m a n o in accordance with law enforcement agency policies;

d(b) mintentionally :manipulate a body-worn camera recording;

b e d s º o t n = .218008.5AIC June 21, 2020 (2:12 pm) s k m e -2- e a n e d r e l u [ A d (b) intentionally manipulate a body-worn camera recording;

Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section shall be SJCºpresumedpresumed to have acted in bad faith and shall be»SJCbe deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.

(2) "law enforcement agency" means the SB 8 Page 2 police department of a municipality, the sheriff's office of a county, h the New Mexico state police or the department of public safety;

g o t hr and g e i k (3) "peace officer" means any full-time h r i s salaried or certified part-time salaried officer who by virtue h , t, of office or public employment is vested by law with the duty e u g e b l e e h to maintain the public peace.

n d d i = = o h SECTION 2.

A new section of the Law Enforcement Training l ] b ,d i a º e Act is enacted to read:

r"REVOKE iPOLICE =OFFICER rCERTIFICATION tAFTER eCONVICTION wOR dMAKING mCERTAIN PLEAS.--Notwithstanding any other provision of law, if any police officer is convicted of or pleads guilty or nolo contendere to a ncrime oinvolving "[NEWthe MATERIALunlawful ]use REVOKEor POLICEthreatened OFFICERuse CERTIFICATIONof AFTERphysical dforce mor :a crime involving the failure to intervene in the use of unlawful force, the board shall permanently revoke the police officer's certification.

bThe eboard dshall snot, ºunder o t n = .218008.5AIC June 21, 2020 (2:12 pm) s k m e - 3 - e a n e d r e l u [ A d CONVICTION OR MAKING CERTAIN PLEAS.--Notwithstanding any othercircumstance, provisionreinstate ofthe law, if any police officerofficer's iscertification convicted of or pleadsgrant guiltynew orcertification nolo contendere to a crime involving the unlawfulpolice useofficer orunless threatened use of physical force or a crime involving the failurepolice toofficer intervene in the use of unlawful force SFl1º or is foundexonerated toby bea civillycourt liable for the use of unlawful»SFl1 SFl1ºphysical force or forpardoned failureby to intervene in the usegovernor." ofSECTION unlawful3. force»SFl1, the board shall permanently revoke the police officer's certification.

The board shall not, under any circumstance, reinstate the police officer's certification or grant new certification to the police officer unless the police officer is exonerated by a court Sfl2º or pardoned by the governor»Sfl2." SECTION 3.

LIABILITY--LAW ENFORCEMENT OFFICERSOFFICERS.-- SJCº-- h RETROACTIVE APPLICATION»SJC.--SJCºA.»SJC The immunity granted u » r pursuant to Subsection A of Section 41-4-4 NMSA 1978 does not t h g e l i apply to liability for personal SB 8 Page 3 injury, bodily injury, wrongful h r i s death or property damage resulting from assault, battery, false h , e h imprisonment, false arrest, malicious prosecution, abuse of t u g e b l e e , gh process, libel, slander, defamation of character, violation of nproperty drights, dthe iindependent =tort =of onegligent hspoliation propertyof rights,evidence or the independent tort of negligentintentional spoliation lof ]evidence, bfailure ,dto icomply awith ºduties restablished ofpursuant evidenceto statute or thelaw independentor tortany ofother intentionaldeprivation spoliationof eany rrights, =privileges tor eimmunities wsecured dby mthe aconstitution nand olaws of evidence,the failureUnited toStates complyor withNew dutiesMexico establishedwhen pursuantcaused dby mlaw :enforcement officers while acting within the scope of their duties.

bFor rpurposes eof tthis ºsection, o"law tenforcement nofficer" =means .218008.5AICa Junepublic 21,officer 2020or (2:12employee pm)vested sby klaw mwith ethe -power 4to -maintain eorder, ato nmake earrests dfor rcrime eor l u [ A d to statutedetain orpersons lawsuspected or any other deprivation of any rights, privileges or immunitiesconvicted secured by the constitution and laws of thecommitting Uniteda Statescrime, orwhether Newthat Mexicoduty whenextends causedto byall lawcrimes enforcementor officersis whilelimited actingto withinspecific thecrimes." scopeSB of8 theirPage duties.4 25

For purposes of this section, "law enforcement officer" means a public officer or employee vested by law with the power to maintain order, to make arrests for crime or to detain persons suspected of or convicted of committing a crime, whether that duty extends to all crimes or is limited to specific crimes.

SJCº "»SJC SJCºB.

The provisions of this section apply to all cases pending or on appeal on or after May 20, 2020." SECTION 4.

EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.»SJC - 5 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .218008.5AIC June 21, 2020 (2:12 pm) s k m e e a n e d r e l u [ A d