Senate to consider civil rights commission

SANTA FE — A proposal to create a nine-member state commission to study civil rights issues and identify possible legal changes is headed to the state Senate.

After nearly three hours of far-ranging debate, the House voted 57-13 late Friday evening to approve the measure.

Among the issues the proposed civil rights commission would be tasked with reviewing is qualified immunity, which is a legal doctrine in federal law that protects law enforcement officers from being held personally liable in most cases.

House Speaker Brian Egolf, D-Santa Fe, the sponsor of House Bill 5, called for a state law that would end qualified immunity.

But he said he decided after a talk with Gov. Michelle Lujan Grisham that a broader review of the issue would be a better approach. The governor then added the bill to the special session agenda.

“We have an opportunity today to truly listen to the demands of New Mexicans who’ve been repeatedly victimized by those placed into positions of authority,” Egolf said after Friday’s vote. “By creating a New Mexico civil rights commission, we can begin making real steps towards a future when violations of civil rights will result in swift and certain consequences.”

The nine-member commission proposed by the legislation would consist of three individuals appointed by the governor and six people appointed by top-ranking lawmakers.

It would face a deadline of March 31 to conduct its work and come up with recommendations.

Some House Republicans expressed concern during Friday’s floor debate the legislation could open up paramedics and firefighters to civil lawsuits, if it leads to a state law banning qualified immunity.

And Rep. Randal Crowder, R-Clovis, said recruiting and retaining law enforcement officers could also become more difficult, especially in parts of New Mexico near bordering states.

“There’s a strong feeling that if this passes, we’re going to lose a lot of officers to Texas,” Crowder said.

Meanwhile, the measure is one of several proposals being considered during the ongoing special session that deal with civil rights and police use-of-force issues.

The proposals were brought forward after George Floyd, a Black man, died while in custody of Minneapolis police officers. The incident sparked protests around the nation, including in several New Mexico cities.