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:  Victoria Chávez 646-241-5335
April 7, 2009                 

Rep. Cote’s Bill to Prohibit Biased-Based Profiling Signed by Governor

Santa Fe, NM – House Bill 428 sponsored by Rep. Nathan Cote (D-Las Cruces) which prohibits racial and biased-based profiling practices by law enforcement was signed by Governor Bill Richardson today.  The bill had 32 cosponsors and the support of multiple organizations throughout the legislative process.   New Mexico is the 23rd state to implement a biased-based profiling law.

Rep. Cote said, “Law enforcement has a tough and often thankless job.  Criminals must be caught and punished, and in many cases rehabilitated.

This includes, but is not limited to, violent acts against others, drug smuggling, and the increase of gang activities.  But when innocent and free people because of their race, color, ethnicity, religion, and so on are interrogated without a reasonable suspicion that they’ve committed a crime, they then become distrustful and fearful of those hardworking law enforcement officers sworn to protect us.  I’m hopeful that the statements on stereotypical profiling, the law enforcement training mandates, and finally complaints and resolutions to those complaints collected and analyzed by the Attorney General’s Office are worthwhile.  I hope they result in law enforcement agencies and community members becoming more trustful of each other and help to facilitate their partnership in the fight against criminal activities.  I believe it is good public policy to protect the constitutional freedoms of everyone including the minority groups within our state’s diverse population while at the same time supporting law enforcement.”

The law makes it 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.  It requires law enforcement agencies to publish the policies and procedures designed to eliminate profiling.  It also requires the Attorney General to establish independent procedures for investigating complaints of biased-based profiling by law enforcement.  The law goes into effect December 2009.

Among the organizations that have shown support for the legislation are the NAACP, LULAC, Drug Policy Alliance New Mexico, Somos Un Pueblo Unido, Family Justice Campaign, Conference of Churches, and  The Alliance of Peace and Justice.  Twenty-two other states have already adopted biased-based profiling statutes. Another five are working on similar legislation for their states.