CONCEALING IDENTITY OF A PEACE OFFICER

SB0057

SENATE BILL 57

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

INTRODUCED BY

Antoinette Sedillo Lopez
and
Micaelita Debbie O’Malley
and

Janelle Anyanonu
and
Eleanor Chávez

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF UNLAWFUL CONCEALING OF
THE IDENTITY OF A PEACE OFFICER; CREATING THE CRIME OF
AGGRAVATED UNLAWFUL CONCEALING OF THE IDENTITY OF A PEACE
OFFICER; PROVIDING THAT IMPERSONATING A PEACE OFFICER INCLUDES
A FEDERAL, STATE OR LOCAL OFFICER; PROVIDING RESTRICTIONS ON A
PERSON AUTHORIZED TO APPREHEND AN INDIVIDUAL WHO FAILS TO
APPEAR AT THE TIME AND PLACE FIXED BY THE TERMS OF THE
INDIVIDUAL'S BAIL BOND; PROVIDING PENALTIES.

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

SECTION 1.
A new section of Chapter 30, Article 20 NMSA
1978 is enacted to read:

"[
NEW MATERIAL
] UNLAWFUL CONCEALING OF THE IDENTITY OF A
PEACE OFFICER--AGGRAVATED UNLAWFUL CONCEALING OF THE IDENTITY
OF A PEACE OFFICER--PENALTIES.--

A. Unlawful concealing of the identity of a peace
officer consists of a peace officer, upon executing a search,
seizure or service of process, concealing the peace officer's
face, badge, name or employer in a manner that causes a person
to reasonably believe the officer is acting without lawful
authority. Whoever commits unlawful concealing of the identity
of a peace officer is guilty of a misdemeanor.

B. Aggravated unlawful concealing of the identity
of a peace officer consists of a peace officer, upon executing
a search, seizure or service of process, concealing the peace
officer's face, badge, name or employer with the intent to
deceive or intimidate a person or the public at large or to
interfere with the creation of a public record. Whoever
commits aggravated unlawful concealing of the identity of a
peace officer is guilty of a fourth degree felony.

C. As used in this section, "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."

SECTION 2.
Section 30-27-2.1 NMSA 1978 (being Laws 1999,
Chapter 120, Section 1) is amended to read:

"30-27-2.1. IMPERSONATING A PEACE OFFICER.--

A. Impersonating a peace officer consists of:

(1) without due authority exercising or
attempting to exercise the functions of a peace officer; or

(2) pretending to be a peace officer with the
intent to deceive another person.

B. Whoever commits impersonating a peace officer is
guilty of a misdemeanor. Upon a second or subsequent
conviction, the offender is guilty of a fourth degree felony.

C. As used in this section, "peace officer" means
[
any public official or public
]
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 a
duty to maintain [
public order or to make arrests for crime,
whether that duty extends to all crimes or is limited to
specific crimes
]
the public peace
."

SECTION 3.
[
NEW MATERIAL
] RESTRICTIONS ON A PERSON
AUTHORIZED TO APPREHEND AN INDIVIDUAL WHO FAILS TO APPEAR AT
THE TIME AND PLACE FIXED BY THE TERMS OF THE INDIVIDUAL'S BAIL
BOND.--

A. A person, other than a certified peace officer,
authorized to apprehend an individual who fails to appear at
the time and place fixed by the terms of the individual's bail
bond:

(1) shall not represent that person's self in
a manner as being a sworn peace officer;

(2) shall not wear a uniform that represents
that person's self as belonging to a part or department of a
federal, state or local government. A uniform shall not
display the words "United States", "bureau", "task force",
"federal" or other substantially similar words that a
reasonable person may mistake for a government agency;

(3) shall not wear or otherwise use a badge
that represents that person's self as belonging to a part or
department of a federal, state or local government;

(4) shall not use a fictitious name that
represents that person's self as belonging to a federal, state
or local government;

(5) may wear a jacket, shirt or vest with the
words "Bail Bond Recovery Agent", "Bail Enforcement" or "Bail
Enforcement Agent", if applicable, displayed in letters at
least two inches high across the front or back of the jacket,
shirt or vest and in a contrasting color to that of the jacket,
shirt or vest;

(6) shall not use that position for the
purposes of immigration enforcement, except pursuant to a valid
judicial warrant or court order; and

(7) shall not disclose or provide in writing,
verbally or in any other manner personally identifiable
information of a bail fugitive that is requested for purposes
of immigration enforcement, except pursuant to a valid judicial
warrant or court order.

B. The provisions of this section do not prohibit
or restrict a governmental entity or official from sending to,
or receiving from, federal immigration authorities information
regarding the citizenship or immigration status, lawful or
unlawful, of a person or from requesting from federal
immigration authorities immigration status information, lawful
or unlawful, of a person or maintaining or exchanging that
information with another federal, state or local governmental
entity.

C. As used in this section, "immigration
enforcement" means efforts to investigate, enforce or assist in
the investigation or enforcement of a federal civil immigration
law and includes all efforts to investigate, enforce or assist
in the investigation or enforcement of a federal criminal
immigration law that penalizes a person's presence in, entry or
reentry to or employment in the United States.

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