New Mexico would restrict state support for federal officers hiding identities

New Mexico's Department of Public Safety could not spend its state funding to support covered operations. Local governments receiving state public safety money could not participate. The restrictions would cover joint operations with federal officers, employees, or agents who hide their identity while exercising police powers. Exceptions would cover agency-approved undercover operations, officers carrying out special weapons and tactics team duties, and work to make explosive or incendiary devices safe. Undercover operations must target suspects in an ongoing criminal investigation and use concealed officers to develop relationships for gathering information or making arrests.

People who violate the restrictions would owe three times the government's losses, $5,000 to $10,000 per violation, lawsuit costs, and reasonable lawyer fees. A person could not knowingly use, or cause someone to use, state money to support a prohibited joint operation. Proof of a specific intent to defraud would not be required. The exceptions for approved undercover operations, special weapons and tactics duties, and explosive disposal would apply.

A person, the state, or a local government could sue over a violation in the government's name. These lawsuits would enforce the restrictions on joint operations, including their exceptions. A person filing suit would have to give the attorney general the complaint and substantially all relevant evidence they possess on the filing date. The defendant would pay reasonable expenses and lawyer fees for the person bringing the case and the government. Other private parties could not join or bring a related case based on the same facts while the case is pending. The attorney general or local government could join and proceed with the case within 60 days after receiving the complaint and relevant evidence.