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HOUSE BILL 473
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Cathrynn N. Brown
AN ACT
RELATING TO SCHOOL SECURITY PERSONNEL; PROVIDING FOR ASSISTANT
SCHOOL SECURITY PERSONNEL WHO ARE REGISTERED LEVEL ONE OR LEVEL
TWO SECURITY GUARDS PURSUANT TO THE PRIVATE INVESTIGATIONS ACT
AND ESTABLISHING QUALIFICATIONS; PROVIDING THAT RETIRED OR
FORMER COMMISSIONED PEACE OFFICERS OR REGISTERED LEVEL THREE
SECURITY GUARDS PURSUANT TO THE PRIVATE INVESTIGATIONS ACT MAY
BE SCHOOL SECURITY PERSONNEL; AMENDING THE PRIVATE
INVESTIGATIONS ACT TO PROVIDE THAT APPLICANTS FOR REGISTRATION
AS A LEVEL ONE, LEVEL TWO OR LEVEL THREE SECURITY GUARD MAY BE
EMPLOYED BY A SCHOOL DISTRICT OR CHARTER SCHOOL; MAKING
CONFORMING AMENDMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-10A-40 NMSA 1978 (being Laws 2019,
Chapter 189, Section 3) is amended to read:
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"22-10A-40. SCHOOL SECURITY PERSONNEL--DEFINITIONS--
REQUIRED TRAINING.--
A. As used in this section:
(1) "assistant school security personnel"
means level one or level two security guards registered
pursuant to the Private Investigations Act who are employed by
a school district and are not authorized to carry a firearm on
school premises;
[(1)] (2) "firearm" means a handgun
recommended by the department of public safety and authorized
by the public school insurance authority;
[(2)] (3) "local school board" includes
governing bodies of charter schools;
[(3)] (4) "school district" includes charter
schools;
[(4)] (5) "school premises" means:
(a) the buildings and grounds, including
playgrounds, playing fields and parking areas, and any school
bus of a public school, whether owned by the school district or
under contract, in or on which school or school-related
activities are being conducted under the supervision of the
local school board; or
(b) any other public buildings or
grounds, including playing fields and parking areas that are
not public school property, in or on which school-related and
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school-sanctioned activities are being performed; and
[(5)] (6) "school security personnel" means
retired or former certified and commissioned law enforcement
officers, retired or former commissioned peace officers or
level three security guards registered pursuant to the Private
Investigations Act who are employed by a school district and
authorized by department rules and local school board policy to
carry a firearm on school premises.
B. The department shall promulgate rules to carry
out the purposes of this section.
C. The department shall promulgate rules pertaining
to persons who are prohibited from employment as school
security personnel, including:
(1) the applicability of Paragraph (1) or (3)
of Subsection A of Section 28-2-4 NMSA 1978 for criminal
offenders;
(2) the commitment of a felony; a misdemeanor
involving moral turpitude that has bearing on the job of school
security personnel; formal discipline for the use of excessive
force; or misconduct or crimes that include inappropriate
touching, sexual harassment, sexual assault, sexual abuse,
discrimination, behavior intended to induce a child into
engaging in illegal, immoral or other prohibited behavior,
crimes against children and dependents or sexual exploitation
of children; and
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(3) negligent or illegal use of a firearm.
D. Prior to an offer of employment, the school
district shall require for each potential school security
personnel:
(1) proof that the retired or former law
enforcement officer was certified and commissioned or that the
retired or former peace officer was commissioned for no less
than three years and left law enforcement in good standing or
proof that the level three security guard holds a valid
registration pursuant to Section 61-27B-18 NMSA 1978 ;
(2) successful completion of school security
personnel training;
(3) proof of up-to-date firearms training;
(4) a background check that indicates the
person has not been convicted of a crime or engaged in behavior
that violates the School Personnel Act; and
(5) any other conditions required by law,
department rule or school district policy.
E. Prior to an offer of employment, the school
district shall require for each potential assistant school
security personnel:
(1) proof that the level one or level two
security guard holds or is eligible to hold a valid
registration pursuant to Section 61-27B-16 or 61-27B-17 NMSA
1978;
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(2) successful completion of school security
personnel training;
(3) a background check that indicates the
person has not been convicted of a crime or engaged in behavior
that violated the School Personnel Act; and
(4) any other conditions required by law,
department rule or school district policy.
[E.] F. School security personnel shall not perform
any other job in the school district, by title or duty, other
than school security while carrying a firearm.
[F.] G. Prior to school security personnel being
allowed to carry firearms authorized by department rules and
local school board policy, the school security personnel must
successfully pass a physical and psychological evaluation as
prescribed by the department in consultation with the public
school insurance authority to determine suitability to carry a
firearm. The school district shall pay the cost of the
physical and psychological evaluations for current and
potential school security personnel.
[G.] H. The department and the public school
insurance authority shall approve one or more school security
personnel and firearms training programs. Approved programs
must include working with students with special needs, cultural
competency and prohibited profiling practices. The department
of public safety shall make recommendations for firearms
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training."
SECTION 2. Section 61-27B-16 NMSA 1978 (being Laws 2007,
Chapter 115, Section 16) is amended to read:
"61-27B-16. SECURITY GUARD--LEVEL ONE--REGISTRATION--
REQUIREMENTS.--
A. On or after July 1, 2007, every individual
seeking employment or employed as a level one security guard
shall file an application for registration with the department.
B. The department shall issue a registration for a
level one security guard to an individual who files a completed
application accompanied by the required fees and who submits
satisfactory evidence that the applicant:
(1) is at least eighteen years of age;
(2) is of good moral character;
(3) has successfully completed an examination
as required by department rule;
(4) has not been convicted of a felony or an
offense involving dishonesty, an offense involving an
intentional violent act or the illegal use or possession of a
deadly weapon and has not been found to have violated
professional ethical standards;
(5) has completed a curriculum approved in
department rule consisting of level one security guard training
prior to being placed on a guard post for the first time as a
level one security guard; that training may be provided by:
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(a) a public educational institution in
New Mexico or an educational institution licensed by the higher
education department pursuant to the Post-Secondary Educational
Institution Act;
(b) an in-house training program
provided by a licensed private patrol company using a
curriculum approved by the department; or
(c) any other department-approved
educational institution using a curriculum approved by the
department and complying with department standards set forth in
department rules;
(6) is employed by a private patrol company
under the direct supervision of a licensed private patrol
operator, a level three security guard or a private patrol
operations manager or by a school district or charter school ;
and
(7) meets other requirements set forth in
department rules.
C. A private patrol company, school district or
charter school shall notify the department within thirty days
from the date of termination of a level one security guard of
the employment termination."
SECTION 3. Section 61-27B-17 NMSA 1978 (being Laws 2007,
Chapter 115, Section 17) is amended to read:
"61-27B-17. SECURITY GUARD--LEVEL TWO--REGISTRATION--
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REQUIREMENTS.--
A. On or after July 1, 2007, every individual
seeking employment or employed as a level two security guard
shall file an application for registration with the department.
B. The department shall issue a registration for a
level two security guard to an individual who files a completed
application accompanied by the required fees and who submits
satisfactory evidence that the applicant:
(1) meets the requirements to be granted
registration as a level one security guard and maintains in
good standing a current registration as a level one security
guard;
(2) has successfully completed an examination
as required by department rule;
(3) possesses a high school diploma or its
equivalent;
(4) in addition to the training required to be
registered as a level one security guard, has completed a
curriculum approved in department rule of level two security
guard training prior to being placed on a guard post for the
first time as a level two security guard; that training may be
provided by:
(a) a public educational institution in
New Mexico or an educational institution licensed by the higher
education department pursuant to the Post-Secondary Educational
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Institution Act;
(b) an in-house training program
provided by a licensed private patrol company using a
curriculum approved by the department;
(c) the New Mexico law enforcement
academy; or
(d) any other department-approved
educational institution using a curriculum approved by the
department and complying with department standards set forth in
department rules;
(5) is employed by a private patrol company
under the direct supervision of a licensed private patrol
operator, a level three security guard or a private patrol
operations manager or by a school district or charter school ;
and
(6) meets other requirements set forth in
department rules.
C. A private patrol company, school district or
charter school shall notify the department within thirty days
from the date of termination of a level two security guard of
the employment termination."
SECTION 4. Section 61-27B-18 NMSA 1978 (being Laws 2007,
Chapter 115, Section 18, as amended) is amended to read:
"61-27B-18. SECURITY GUARD--LEVEL THREE--REGISTRATION--
REQUIREMENTS.--
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A. Every individual seeking employment or employed
as a level three security guard shall file an application for
registration with the department.
B. The department shall issue a registration for a
level three security guard to an individual who files a
completed application accompanied by the required fees and who
submits satisfactory evidence that the applicant:
(1) is at least twenty-one years of age;
(2) meets the requirements to be granted
registration as a level two security guard and maintains in
good standing a current registration as a level two security
guard;
(3) has successfully completed an examination
as required by department rule;
(4) possesses a high school diploma or its
equivalent;
(5) in addition to the training required to be
registered as a level two security guard and before the
applicant shall be placed for the first time at a guard post as
a level three security guard, has completed a curriculum
approved by the department consisting of the minimum training
for firearm certification prescribed by the department;
provided that the additional training required by the
department is provided by:
(a) a public educational institution in
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New Mexico or an educational institution licensed by the higher
education department pursuant to the Post-Secondary Educational
Institution Act;
(b) an in-house training program
provided by a licensed private patrol company using a
curriculum approved by the department;
(c) the New Mexico law enforcement
academy; or
(d) any other department-approved
educational institution using a curriculum approved by the
department and complying with department standards set forth in
department rules;
(6) is firearm certified by the New Mexico law
enforcement academy or the national rifle association;
(7) is employed by a private patrol company
under the direct supervision of a licensed private patrol
operator, another level three security guard or a private
patrol operations manager or by a school district or charter
school; and
(8) meets other requirements set forth in
department rules.
C. A private patrol company, school district or
charter school shall notify the department within thirty days
from the date of termination of a level [two ] three security
guard of the employment termination."
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