Legislation/Policy/Procedure
Parties: State of New Mexico
Date enacted/published: 1953; amended May 15, 2002
Description:
New Mexico Statutes Annotated (N.M.S.A.) 1978, Section 29-1-11 authorizes tribal, pueblo, and certain federal officers to act as New Mexico peace officers, including the power to make arrests.
Key provisions of the authorizing statute include:
- Any cross-commissioned New Mexico Indian tribe or pueblo officer must be employed by the BIA.
- Procedures for issuance and revocation of commissions will be set forth in a written agreement between the chief of state police and the tribe or pueblo.
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The peace officer agreements shall include certain conditions, including:
- Proof of liability insurance,
- Requirement for four hundred hours of police training,
- Authority for the chief of police to suspend any commission,
- Factors for suspension of the agreement,
- Citation requirements
- Disclosure that the agreement does not confer any additional authority on a tribal court, but that nothing in the agreement impairs or affects the tribes’ sovereignty,
- Tribal police may proceed in hot pursuit of an offender beyond the reservation boundaries, and Navajo police may extend to a described area, and
- Parties to the agreement are required to meet at least quarterly.
- Confirmation that all federal law enforcement officers in New Mexico are now authorized as New Mexico peace officers.