NM
New Mexico House Bill HB473

New Mexico 2025 Regular Session

New Mexico House Bill HB473 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 473
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3030 TH LEGISLATURE
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 Cathrynn N. Brown
4848 AN ACT
4949 RELATING TO SCHOOL SECURITY PERSONNEL; PROVIDING FOR ASSISTANT
5050 SCHOOL SECURITY PERSONNEL WHO ARE REGISTERED LEVEL ONE OR LEVEL
5151 TWO SECURITY GUARDS PURSUANT TO THE PRIVATE INVESTIGATIONS ACT
5252 AND ESTABLISHING QUALIFICATIONS; PROVIDING THAT RETIRED OR
5353 FORMER COMMISSIONED PEACE OFFICERS OR REGISTERED LEVEL THREE
5454 SECURITY GUARDS PURSUANT TO THE PRIVATE INVESTIGATIONS ACT MAY
5555 BE SCHOOL SECURITY PERSONNEL; AMENDING THE PRIVATE
5656 INVESTIGATIONS ACT TO PROVIDE THAT APPLICANTS FOR REGISTRATION
5757 AS A LEVEL ONE, LEVEL TWO OR LEVEL THREE SECURITY GUARD MAY BE
5858 EMPLOYED BY A SCHOOL DISTRICT OR CHARTER SCHOOL; MAKING
5959 CONFORMING AMENDMENTS.
6060 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6161 SECTION 1. Section 22-10A-40 NMSA 1978 (being Laws 2019,
6262 Chapter 189, Section 3) is amended to read:
6363 .229781.4 underscored material = new
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9090 "22-10A-40. SCHOOL SECURITY PERSONNEL--DEFINITIONS--
9191 REQUIRED TRAINING.--
9292 A. As used in this section:
9393 (1) "assistant school security personnel"
9494 means level one or level two security guards registered
9595 pursuant to the Private Investigations Act who are employed by
9696 a school district and are not authorized to carry a firearm on
9797 school premises;
9898 [(1)] (2) "firearm" means a handgun
9999 recommended by the department of public safety and authorized
100100 by the public school insurance authority;
101101 [(2)] (3) "local school board" includes
102102 governing bodies of charter schools;
103103 [(3)] (4) "school district" includes charter
104104 schools;
105105 [(4)] (5) "school premises" means:
106106 (a) the buildings and grounds, including
107107 playgrounds, playing fields and parking areas, and any school
108108 bus of a public school, whether owned by the school district or
109109 under contract, in or on which school or school-related
110110 activities are being conducted under the supervision of the
111111 local school board; or
112112 (b) any other public buildings or
113113 grounds, including playing fields and parking areas that are
114114 not public school property, in or on which school-related and
115115 .229781.4
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143143 school-sanctioned activities are being performed; and
144144 [(5)] (6) "school security personnel" means
145145 retired or former certified and commissioned law enforcement
146146 officers, retired or former commissioned peace officers or
147147 level three security guards registered pursuant to the Private
148148 Investigations Act who are employed by a school district and
149149 authorized by department rules and local school board policy to
150150 carry a firearm on school premises.
151151 B. The department shall promulgate rules to carry
152152 out the purposes of this section.
153153 C. The department shall promulgate rules pertaining
154154 to persons who are prohibited from employment as school
155155 security personnel, including:
156156 (1) the applicability of Paragraph (1) or (3)
157157 of Subsection A of Section 28-2-4 NMSA 1978 for criminal
158158 offenders;
159159 (2) the commitment of a felony; a misdemeanor
160160 involving moral turpitude that has bearing on the job of school
161161 security personnel; formal discipline for the use of excessive
162162 force; or misconduct or crimes that include inappropriate
163163 touching, sexual harassment, sexual assault, sexual abuse,
164164 discrimination, behavior intended to induce a child into
165165 engaging in illegal, immoral or other prohibited behavior,
166166 crimes against children and dependents or sexual exploitation
167167 of children; and
168168 .229781.4
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196196 (3) negligent or illegal use of a firearm.
197197 D. Prior to an offer of employment, the school
198198 district shall require for each potential school security
199199 personnel:
200200 (1) proof that the retired or former law
201201 enforcement officer was certified and commissioned or that the
202202 retired or former peace officer was commissioned for no less
203203 than three years and left law enforcement in good standing or
204204 proof that the level three security guard holds a valid
205205 registration pursuant to Section 61-27B-18 NMSA 1978 ;
206206 (2) successful completion of school security
207207 personnel training;
208208 (3) proof of up-to-date firearms training;
209209 (4) a background check that indicates the
210210 person has not been convicted of a crime or engaged in behavior
211211 that violates the School Personnel Act; and
212212 (5) any other conditions required by law,
213213 department rule or school district policy.
214214 E. Prior to an offer of employment, the school
215215 district shall require for each potential assistant school
216216 security personnel:
217217 (1) proof that the level one or level two
218218 security guard holds or is eligible to hold a valid
219219 registration pursuant to Section 61-27B-16 or 61-27B-17 NMSA
220220 1978;
221221 .229781.4
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249249 (2) successful completion of school security
250250 personnel training;
251251 (3) a background check that indicates the
252252 person has not been convicted of a crime or engaged in behavior
253253 that violated the School Personnel Act; and
254254 (4) any other conditions required by law,
255255 department rule or school district policy.
256256 [E.] F. School security personnel shall not perform
257257 any other job in the school district, by title or duty, other
258258 than school security while carrying a firearm.
259259 [F.] G. Prior to school security personnel being
260260 allowed to carry firearms authorized by department rules and
261261 local school board policy, the school security personnel must
262262 successfully pass a physical and psychological evaluation as
263263 prescribed by the department in consultation with the public
264264 school insurance authority to determine suitability to carry a
265265 firearm. The school district shall pay the cost of the
266266 physical and psychological evaluations for current and
267267 potential school security personnel.
268268 [G.] H. The department and the public school
269269 insurance authority shall approve one or more school security
270270 personnel and firearms training programs. Approved programs
271271 must include working with students with special needs, cultural
272272 competency and prohibited profiling practices. The department
273273 of public safety shall make recommendations for firearms
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302302 training."
303303 SECTION 2. Section 61-27B-16 NMSA 1978 (being Laws 2007,
304304 Chapter 115, Section 16) is amended to read:
305305 "61-27B-16. SECURITY GUARD--LEVEL ONE--REGISTRATION--
306306 REQUIREMENTS.--
307307 A. On or after July 1, 2007, every individual
308308 seeking employment or employed as a level one security guard
309309 shall file an application for registration with the department.
310310 B. The department shall issue a registration for a
311311 level one security guard to an individual who files a completed
312312 application accompanied by the required fees and who submits
313313 satisfactory evidence that the applicant:
314314 (1) is at least eighteen years of age;
315315 (2) is of good moral character;
316316 (3) has successfully completed an examination
317317 as required by department rule;
318318 (4) has not been convicted of a felony or an
319319 offense involving dishonesty, an offense involving an
320320 intentional violent act or the illegal use or possession of a
321321 deadly weapon and has not been found to have violated
322322 professional ethical standards;
323323 (5) has completed a curriculum approved in
324324 department rule consisting of level one security guard training
325325 prior to being placed on a guard post for the first time as a
326326 level one security guard; that training may be provided by:
327327 .229781.4
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355355 (a) a public educational institution in
356356 New Mexico or an educational institution licensed by the higher
357357 education department pursuant to the Post-Secondary Educational
358358 Institution Act;
359359 (b) an in-house training program
360360 provided by a licensed private patrol company using a
361361 curriculum approved by the department; or
362362 (c) any other department-approved
363363 educational institution using a curriculum approved by the
364364 department and complying with department standards set forth in
365365 department rules;
366366 (6) is employed by a private patrol company
367367 under the direct supervision of a licensed private patrol
368368 operator, a level three security guard or a private patrol
369369 operations manager or by a school district or charter school ;
370370 and
371371 (7) meets other requirements set forth in
372372 department rules.
373373 C. A private patrol company, school district or
374374 charter school shall notify the department within thirty days
375375 from the date of termination of a level one security guard of
376376 the employment termination."
377377 SECTION 3. Section 61-27B-17 NMSA 1978 (being Laws 2007,
378378 Chapter 115, Section 17) is amended to read:
379379 "61-27B-17. SECURITY GUARD--LEVEL TWO--REGISTRATION--
380380 .229781.4
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408408 REQUIREMENTS.--
409409 A. On or after July 1, 2007, every individual
410410 seeking employment or employed as a level two security guard
411411 shall file an application for registration with the department.
412412 B. The department shall issue a registration for a
413413 level two security guard to an individual who files a completed
414414 application accompanied by the required fees and who submits
415415 satisfactory evidence that the applicant:
416416 (1) meets the requirements to be granted
417417 registration as a level one security guard and maintains in
418418 good standing a current registration as a level one security
419419 guard;
420420 (2) has successfully completed an examination
421421 as required by department rule;
422422 (3) possesses a high school diploma or its
423423 equivalent;
424424 (4) in addition to the training required to be
425425 registered as a level one security guard, has completed a
426426 curriculum approved in department rule of level two security
427427 guard training prior to being placed on a guard post for the
428428 first time as a level two security guard; that training may be
429429 provided by:
430430 (a) a public educational institution in
431431 New Mexico or an educational institution licensed by the higher
432432 education department pursuant to the Post-Secondary Educational
433433 .229781.4
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461461 Institution Act;
462462 (b) an in-house training program
463463 provided by a licensed private patrol company using a
464464 curriculum approved by the department;
465465 (c) the New Mexico law enforcement
466466 academy; or
467467 (d) any other department-approved
468468 educational institution using a curriculum approved by the
469469 department and complying with department standards set forth in
470470 department rules;
471471 (5) is employed by a private patrol company
472472 under the direct supervision of a licensed private patrol
473473 operator, a level three security guard or a private patrol
474474 operations manager or by a school district or charter school ;
475475 and
476476 (6) meets other requirements set forth in
477477 department rules.
478478 C. A private patrol company, school district or
479479 charter school shall notify the department within thirty days
480480 from the date of termination of a level two security guard of
481481 the employment termination."
482482 SECTION 4. Section 61-27B-18 NMSA 1978 (being Laws 2007,
483483 Chapter 115, Section 18, as amended) is amended to read:
484484 "61-27B-18. SECURITY GUARD--LEVEL THREE--REGISTRATION--
485485 REQUIREMENTS.--
486486 .229781.4
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514514 A. Every individual seeking employment or employed
515515 as a level three security guard shall file an application for
516516 registration with the department.
517517 B. The department shall issue a registration for a
518518 level three security guard to an individual who files a
519519 completed application accompanied by the required fees and who
520520 submits satisfactory evidence that the applicant:
521521 (1) is at least twenty-one years of age;
522522 (2) meets the requirements to be granted
523523 registration as a level two security guard and maintains in
524524 good standing a current registration as a level two security
525525 guard;
526526 (3) has successfully completed an examination
527527 as required by department rule;
528528 (4) possesses a high school diploma or its
529529 equivalent;
530530 (5) in addition to the training required to be
531531 registered as a level two security guard and before the
532532 applicant shall be placed for the first time at a guard post as
533533 a level three security guard, has completed a curriculum
534534 approved by the department consisting of the minimum training
535535 for firearm certification prescribed by the department;
536536 provided that the additional training required by the
537537 department is provided by:
538538 (a) a public educational institution in
539539 .229781.4
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567567 New Mexico or an educational institution licensed by the higher
568568 education department pursuant to the Post-Secondary Educational
569569 Institution Act;
570570 (b) an in-house training program
571571 provided by a licensed private patrol company using a
572572 curriculum approved by the department;
573573 (c) the New Mexico law enforcement
574574 academy; or
575575 (d) any other department-approved
576576 educational institution using a curriculum approved by the
577577 department and complying with department standards set forth in
578578 department rules;
579579 (6) is firearm certified by the New Mexico law
580580 enforcement academy or the national rifle association;
581581 (7) is employed by a private patrol company
582582 under the direct supervision of a licensed private patrol
583583 operator, another level three security guard or a private
584584 patrol operations manager or by a school district or charter
585585 school; and
586586 (8) meets other requirements set forth in
587587 department rules.
588588 C. A private patrol company, school district or
589589 charter school shall notify the department within thirty days
590590 from the date of termination of a level [two ] three security
591591 guard of the employment termination."
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