New Mexico § 29-1-18 - Requiring certain law enforcement agencies to use body-worn cameras while on duty; exceptions; adoption of policies and procedures governing use

§ 29-1-18. Requiring certain law enforcement agencies to use body-worn cameras while on duty; exceptions; adoption of policies and procedures governing use

A. A law enforcement agency shall require peace officers the agency employs and who

routinely interact with the public to wear a body-worn camera while on duty, except

as provided in Subsection B of this section. Each law enforcement agency subject to the provisions of this section shall adopt

policies and procedures governing the use of body-worn cameras, including: (1) requiring activation of a body-worn camera whenever a peace officer is responding

to a call for service or at the initiation of any other law enforcement or investigative

encounter between a peace officer and a member of the public; (2) prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement

or investigative encounter; (3) requiring that any video recorded by a body-worn camera shall be retained by the

law enforcement agency for not less than one hundred twenty days; and (4) establishing disciplinary rules for peace officers who: (a) fail to operate a body-worn camera in accordance with law enforcement agency policies; (b) intentionally manipulate a body-worn camera recording; or (c) prematurely erase a body-worn camera recording in violation of law enforcement

agency policies. B. The provisions of Subsection A of this section shall not apply when a peace officer: (1) conducts an undercover operation sanctioned by a law enforcement agency; or (2) conducts an explosive recovery and disposal operation to render safe or disassemble

an explosive or incendiary device and materials. C. Peace officers who fail to comply with the policies and procedures required to

be adopted pursuant to Subsection A of this section may be presumed to have acted

in bad faith and may be deemed liable for the independent tort of negligent spoliation

of evidence or the independent tort of intentional spoliation of evidence. D. As used in this section: (1) “ body-worn camera ” means an electronic device worn on a person's body that records both audio and video

data; (2) “ law enforcement agency ” means the police department of a municipality, the sheriff's office of a county,

the New Mexico state police or the department of public safety; (3) “ peace officer ” means any full-time salaried or certified part-time salaried officer who by virtue

of office or public employment is vested by law with the duty to maintain the public

peace; and (4) “ undercover operation ” means an operation that: (a) is conducted by one or more law enforcement agencies that is focused on a suspect

or suspects who are the target of an ongoing criminal investigation; (b) involves one or more covert operatives whose identities are concealed and kept

confidential; and (c) is designed to either obtain information about criminal activity of individuals

or organizations through the development of ongoing relationships with individuals

or organizations or to effect an arrest.