State of New Mexico
House of Representatives
Ben Lujan, Speaker of the House
Ken Martinez, House Majority Leader
Sheryl Williams Stapleton, House Majority Whip

PRESS RELEASE

For Immediate Release                                                                           Contact: Susan Tungate  505-577-8132 March 7, 2009                                                                                                            Victoria Chavez 646-241-5335                                                                                
  Rep. Cote’s Bill to Ban Biased-Based Profiling Passes House

Santa Fe, NM – House Judiciary Substitute for HB 428-Prohibition of Profiling Practices Act sponsored by Rep. Nate Cote (D-Las Cruces) passed the House of Representatives today with a vote of 62 to 0.  The bill would ban biased-based profiling by a law enforcement agency or by a law enforcement officer.  The bill would also mandate the provision of orientation and training of law enforcement personnel on eliminating profiling.

Rep. Cote introduced the legislation in response to complaints he received from his constituents. The bill has received resounding support around the state. 

Rep. Cote said, “This legislation is all about civil rights and should help build trust between communities and their law enforcement departments.  Law enforcement has a tough job, and we depend on them for our safety so it is also important we trust that they treat all members of the community with respect. One of the ways to accomplish this goal is through training and an internal process to resolve biased-based profiling complaints, which the bill provides.”

Under HB 428, it would be illegal for law enforcement to rely on race, ethnicity, color, national origin, nationality, language, sex, gender identity, sexual orientation, political affiliation, religion, socioeconomic status or disability to select a person for routine or spontaneous investigatory activities.  Law enforcement agencies would be required to publish policies and procedures designed to eliminate profiling and process complaints internally. 

The bill has been endorsed by the NAACP, Drug Policy Alliance New Mexico, Somos Un Pueblo Unido, Family Justice Campaign, The Alliance of Peace and Justice and the New Mexico Conference of Churches. 

Twenty-three other states have already adopted biased-based profiling statutes. Another five are working on similar legislation for their states.

The bill now moves to the Senate for consideration.