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Bill > HB254


NM HB254

NM HB254
Law Enforcement Use Of Deadly Force Reporting


summary

Introduced
02/04/2021
In Committee
02/25/2021
Crossed Over
Passed
Dead
03/20/2021

Introduced Session

2021 Regular Session

Bill Summary

AN ACT RELATING TO CRIMINAL PROCEDURE; PROVIDING A REPORTING MECHANISM AND AN ASSIGNMENT OF A PROSECUTOR FOLLOWING THE USE OF DEADLY FORCE BY A PEACE OFFICER RESULTING IN GREAT BODILY HARM OR DEATH; PROVIDING FOR AN INDEPENDENT INVESTIGATION.

AI Summary

This bill establishes a reporting mechanism and an independent investigation process for incidents where a peace officer uses deadly force resulting in great bodily harm or death, or when an in-custody death occurs. It requires the sheriff or police chief to report such incidents to the district attorney within 24 hours, and the district attorney to then report the incident to the governor and attorney general. The bill designates the Department of Public Safety as the default primary investigative agency, and gives the relevant prosecuting authority the responsibility of determining whether to prosecute the officer for criminal liability. The attorney general also has concurrent jurisdiction to prosecute unlawful uses of deadly force. The bill requires quarterly progress reports and a detailed report if the prosecuting authority declines to prosecute, which will be considered public records.

Committee Categories

Business and Industry, Justice

Sponsors (3)

Last Action

House Judiciary Committee (11:30 3/12/2021 Room Zoom) (on 03/12/2021)

bill text


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