Signed by Governor Michelle Lujan Grisham

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes the New Mexico Civil Rights Commission to investigate police misconduct.

Highlights:

• Defines “public body” as the executive, legislative and judicial branches of state and local governments and all advisory boards, commissions, committees, agencies or entities created by the constitution of New Mexico or any branch of government that receives public funding, including political subdivisions, special taxing districts, school districts and institutions of higher education (Sec. 1-L).

• Establishes the "New Mexico civil rights commission" to function from the date of its appointment until March 31, 2021 (Sec. 1.A).

• Specifies that a majority of the members appointed constitutes a quorum for the transaction of business and that support of a majority of the members appointed is required for adoption of any action by the commission (Sec. 1.E).

• Authorizes members of the commission to review policies and develop policy proposals for laws for the creation of a civil right of action for the deprivation, by a public body or a person acting on behalf of or under the authority of a public body, of any right, privilege or immunity secured by the constitution of New Mexico (Sec. 1.F). 

• Authorizes the commission to consider whether such right of action shall provide for monetary damages, including punitive damages, and other equitable relief, including injunctive relief (Sec. 1.F).

• Requires the commission review the use of qualified immunity as a defense to liability by an employee of a public body (Sec. 1.G).

• Requires the commission to submit a report of its findings, including specific recommendations and proposed legislation, to the governor, the New Mexico legislative council and the appropriate legislative interim committee dealing with courts, corrections and justice by November 15, 2020 (Sec. 1.I).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes the New Mexico Civil Rights Commission to investigate police misconduct.

Highlights:

• Defines “public body” as the executive, legislative and judicial branches of state and local governments and all advisory boards, commissions, committees, agencies or entities created by the constitution of New Mexico or any branch of government that receives public funding, including political subdivisions, special taxing districts, school districts and institutions of higher education (Sec. 1-L).

• Establishes the "New Mexico civil rights commission" to function from the date of its appointment until March 31, 2021 (Sec. 1.A).

• Specifies that a majority of the members appointed constitutes a quorum for the transaction of business and that support of a majority of the members appointed is required for adoption of any action by the commission (Sec. 1.E).

• Authorizes members of the commission to review policies and develop policy proposals for laws for the creation of a civil right of action for the deprivation, by a public body or a person acting on behalf of or under the authority of a public body, of any right, privilege or immunity secured by the constitution of New Mexico (Sec. 1.F). 

• Authorizes the commission to consider whether such right of action shall provide for monetary damages, including punitive damages, and other equitable relief, including injunctive relief (Sec. 1.F).

• Requires the commission review the use of qualified immunity as a defense to liability by an employee of a public body (Sec. 1.G).

• Requires the commission to submit a report of its findings, including specific recommendations and proposed legislation, to the governor, the New Mexico legislative council and the appropriate legislative interim committee dealing with courts, corrections and justice by November 15, 2020 (Sec. 1.I).

Full Bill Text