USE OF FUNDS FOR CONCEALED ID LAW ENFORCEMENT

SB0303

SENATE BILL 303

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antoinette Sedillo Lopez

AN ACT

RELATING TO LAW ENFORCEMENT; PROHIBITING THE USE OF STATE FUNDS
AND PROHIBITING LAW ENFORCEMENT ENTITIES THAT RECEIVE STATE
FUNDS FROM ENGAGING IN JOINT OPERATIONS OR PROVIDING SUPPORT TO
FEDERAL LAW ENFORCEMENT THAT CONCEALS THEIR IDENTITY; PROVIDING
A RIGHT OF ACTION; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
[
NEW MATERIAL
] PROHIBITING STATE FUNDS TO BE
USED IN CERTAIN FEDERAL LAW ENFORCEMENT ACTIVITIES.--

A. Funds appropriated to the department of public
safety shall not be expended in support of any joint operation
with federal law enforcement officers or other employees or
agents of the federal government who conceal their identity
while exercising law enforcement authority.

B. A local government receiving state public safety
funds shall not participate in any joint operation with federal
law enforcement officers or other employees or agents of the
federal government who conceal their identity while exercising
law enforcement authority.

C. The provisions of this section shall not apply
when a peace officer in the course of employment:

(1) conducts an undercover operation
sanctioned by the peace officer's law enforcement agency of
employment;

(2) is a member of a special weapons and
tactics team and performing special weapons and tactics
responsibilities; or

(3) conducts an explosive recovery and
disposal operation to render safe or disassemble an explosive
or incendiary device and materials.

D. A person shall not knowingly use, or cause to be
used, state funds in support of any joint operation with
federal law enforcement officers or other employees or agents
of the federal government who conceal the law enforcement
officer's or other employee's or agent's identity while
exercising law enforcement authority.

E. Proof of specific intent to defraud is not
required for a violation of this section.

F. A person who violates this section shall be
liable for:

(1) three times the amount of damages
sustained by the state or political subdivision because of the
violation;

(2) a civil penalty of not less than five
thousand dollars ($5,000) and not more than ten thousand
dollars ($10,000) for each violation;

(3) the costs of a civil action brought to
recover damages or penalties; and

(4) reasonable attorney fees, including the
fees of the attorney general, state agency or political
subdivision counsel.

G. A person, the state or a political subdivision
of the state may bring a civil action for a violation of this
section. The action shall be brought in the name of the state
or political subdivision of the state. The person bringing the
action shall be referred to as the qui tam plaintiff. On the
same day as the complaint is filed, the qui tam plaintiff shall
serve the attorney general with a copy of the complaint and
written disclosure of substantially all material evidence and
information the qui tam plaintiff possesses. The attorney
general on behalf of the state or a political subdivision of
the state, or a political subdivision on its own behalf, may
intervene and proceed with the action within sixty days after
receiving the complaint and the material evidence and
information.

H. The state is entitled to all proceeds collected
in an action or a settlement pursuant to this section. The
state or the political subdivision of the state is entitled to
reasonable expenses incurred in the action plus reasonable
attorney fees, including the fees of the attorney general or
the political subdivision, that shall be paid by the defendant.

I. The qui tam plaintiff shall receive an amount
for reasonable expenses incurred in the action plus reasonable
attorney fees that shall be paid by the defendant.

J. No person, other than the attorney general on
behalf of the state or a political subdivision of the state, or
a political subdivision on its own behalf, may intervene or
bring a related action based on the facts underlying the
pending action.

K. As used in this section:

(1) "peace officer" means a federal, state or
local 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

(2) "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 peace officers
who are covert operatives and whose identities are concealed
and kept confidential; and

(c) is designed to: 1) obtain
information about criminal activity of individuals or
organizations through the development of ongoing relationships
with individuals or organizations; or 2) effect an arrest.

- 5 -