Governor Signs Legislation Banning Profiling by Police
Las Cruces Sun News
Posted: 04/07/2009
Police in New Mexico will be prohibited from race-based and other profiling under legislation signed Tuesday by Gov. Bill Richardson. It says law enforcement agencies may not rely on ethnicity, color, national origin, political affiliation, language, sexual orientation, gender, gender identity, political affiliation, disabilities or medical conditions as reasons to stop or search people.
"Profiling by law enforcement perpetuates negative stereotypes that are harmful to our families, our communities and the state as a whole," Richardson said. Profiling also undermines law enforcement efforts, the governor added, by eroding confidence in police and making residents less willing to report crimes.
The new law is effective June 19. As of the end of this year, police agencies will be required to write anti-profiling policies, provide training to officers, and set up procedures to handle complaints from residents.
The attorney general also will take complaints about profiling and could investigate.
Supporters said while at least 22 other states have similar laws, New Mexico's is particularly broad because of its inclusion of language and sexual orientation.
"I really do believe that this will help build that trust in the communities that we so desperately need in fighting the criminal activity going on out there," said Rep. Nathan Cote, D-Las Cruces, the bill's sponsor.
The governor signed the measure at a news conference attended by representatives of civil rights, immigrants' rights, religious and drug policy organizations that supported the legislation. It was among dozens of bills the governor signed as he faced a Friday deadline for acting on legislation passed during the recent session.
Other bills:
— Extend until 2020 two major tax breaks for manufacturers — involving apportionment of their income and valuation of their equipment — that otherwise would expire as of 2011.
— Authorize the state to increase mileage reimbursement for public employees from the current 32 cents a mile up to the Internal Revenue Service standard mileage rate, which is now 55 cents a mile, for the use of private vehicles on state business.
— Allow larger regional jets — up to 100 seats — to serve a community without the local airport's risking a loss of state aid for maintenance, improvements and other projects. Airports have been eligible for state money if they're used by airplanes with up to 60 seats.
— Allow the state Department of Health to ask courts to require therapy or isolation, or both, for tuberculosis patients who don't follow treatment guidelines and risk transmitting the disease.
— Require public schools with athletics programs for grades 7-12 to report annually to the Public Education Department on their programs, expenditures and staffing, in order to ensure that they're complying with a 1972 federal law requiring equal sports access for girls and boys.
— Eliminate the right to a jury trial in magistrate court for misdemeanors that are punishable by fines or for which jail time is not a possible penalty.
— Allow the creation of "infrastructure development zones" within cities and counties that could issue bonds, backed by property tax levies within the zones, to help private developers pay for infrastructure such as water and sewer systems, police and fire facilities, roads, garbage collection, libraries and electricity and natural gas distribution facilities.
— Allow the sale and consumption of alcoholic beverages on the grounds of wineries, including in vineyards.
— Expand andreauthorize a 2006 elections appropriation, in order to avoid paying $6.3 million from the state's general fund to the federal government. Federal auditors reviewing how former Secretary of State Rebecca Vigil-Giron spent federal Help America Vote Act funds rejected $6.3 million she spent on advertising.
— Require pharmacies to provide the retail price of prescription medication when requested by consumers or the attorney general.
— Require the Public Regulation Commission to adopt rules to protect consumers' rights with respect to propane service.
— Make clear that candidates for county office don't have to file nominating petitions in order to get on the primary election ballot.
— Redirect previously approved capital improvement financing to new projects. The measure makes more than 500 project reauthorizations, including shifting leftover money to new projects.
