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New Mexico

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Legislation/Policy/Procedure

Title: New Mexico Statute: Law Enforcement: Cross-Commissioned Peace Officers
Parties: State of New Mexico
Date enacted/published: 1953; amended May 15, 2002

Description:

New Mexico Statutes Annotated (N.M.S.A.) 1978, Section 29-1-11 authorizes tribal, pueblo, and certain federal officers to act as New Mexico peace officers, including the power to make arrests.

Key provisions of the authorizing statute include:

  • Any cross-commissioned New Mexico Indian tribe or pueblo officer must be employed by the BIA.
  • Procedures for issuance and revocation of commissions will be set forth in a written agreement between the chief of state police and the tribe or pueblo.
  • The peace officer agreements shall include certain conditions, including:
    • Proof of liability insurance,
    • Requirement for four hundred hours of police training,
    • Authority for the chief of police to suspend any commission,
    • Factors for suspension of the agreement,
    • Citation requirements
    • Disclosure that the agreement does not confer any additional authority on a tribal court, but that nothing in the agreement impairs or affects the tribes’ sovereignty,
    • Tribal police may proceed in hot pursuit of an offender beyond the reservation boundaries, and Navajo police may extend to a described area, and
    • Parties to the agreement are required to meet at least quarterly.
  • Confirmation that all federal law enforcement officers in New Mexico are now authorized as New Mexico peace officers.