Signed by Governor Michelle Lujan Grisham

Vote Smart's Synopsis:

Vote to pass a bill that repeals qualified immunity for law enforcement officers and allows for filing suit against government agencies for civil rights violations.

Highlights:

• Defines "public body" as a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or any branch of government that receives public funding, including political subdivisions, special tax districts, school districts and institutions of higher education (Sec. 2).

• Specifies this act may be cited as the "New Mexico Civil Rights Act" (Sec. 1).

• Prohibits a public body or person acting on behalf of, under color of or within the course and scope of the authority of a public body can not subject or cause to be subjected any resident of New Mexico or person within the state to deprivation of any rights, privileges or immunities secured pursuant to the bill of rights of the constitution of New Mexico (Sec. 3.A).

• Prohibits individuals employed by a public body from using the New Mexico Civil Rights Act to pursue a claim arising from the individual's employment by the public body (Sec. 3.D).

• Rescinds qualified immunity for a public body for causing the deprivation of any rights, privileges or immunities secured by the bill of rights of the constitution of New Mexico (Sec. 4).

• Authorizes costs of all court actions and reasonable attorney fees to be paid by the defendant (Sec. 5).

• Limits liability to $2 million for each claim, inclusive of the claimant's costs of action and reasonable attorney fees and specifies that in jury cases, the jury shall not be given any instructions dealing with this limitation (Sec. 6.A).

• Specifies a claim made must be commenced no later than 3 years from the date a claim can be brought for the deprivation of a right, privilege or immunity pursuant to the bill of rights of the constitution of New Mexico unless a longer statute of limitations is otherwise provided by state law (Sec. 7).

• Prohibits a state from having sovereign immunity for itself or any public body within the state for claims brought pursuant to the New Mexico Civil Rights Act (Sec. 9).

Full Bill Text