SANTA FE, N.M. — Former Limestone native, Rep. Nathan Cote (D-Las Cruces), recently sponsored a bill that was signed by New Mexico Governor Bill Richardson. House Bill 428 prohibits biased-based and racial profiling practices by law enforcement. Rep. Cote worked diligently with members of law enforcement to craft the legislation and has great empathy for law enforcement as his brother, Hap, was a retired Aroostook County Deputy Sheriff after serving for nearly 30 years. The bill had 32 cosponsors and the support of multiple organizations throughout the legislative process. New Mexico is the 23rd state to implement a biased-based profiling law. Under the new law, biased-based profiling is banned by members of law enforcement. The bill requires orientation and training on biased-based profiling for law enforcement officers in New Mexico.
Rep. Cote said, “Law enforcement is a tough and often thankless job. Criminals must be caught and punished and in many cases rehabilitated. This includes, but is not limited to, violent acts against others, drug smuggling and the increase of gang activities. But when innocent and free people because of their race, color, ethnicity, religion, and are interrogated without a reasonable suspicion that they’ve committed a crime, then they become distrustful and fearful of those hardworking law enforcement officers sworn to protect us. I’m hopeful that the statements on stereotypical profiling, the law enforcement training mandates, and finally complaints and resolutions to those complaints collected and analyzed by the Attorney Generals Office are worthwhile. I hope they result in law enforcement agencies and community members becoming more trustful of each other and help to facilitate their partnership in the fight against criminal activities. I believe it is good public policy to protect the constitutional freedoms of everyone including the minority groups within our state’s diverse population while at the same time supporting law enforcement.”
The new law makes it illegal for law enforcement to rely on race, ethnicity, color, national origin, nationality, language, sex, gender identity, sexual orientation, political affiliation, religion, socioeconomic status or disability to select a person for routine or spontaneous investigatory activities. It requires law enforcement agencies to publish the policies and procedures designed to eliminate profiling. It requires the Attorney General to establish independent procedures for investigating complaints of biased-based profiling by law enforcement. The law goes into effect in December 2009.
Among the organizations that have shown support for the legislation are the NAACP, LULAC, Drug Policy Alliance New Mexico, Somos Un Pueblo Unido, Family Justice Campaign, Conference of Churches, and The Alliance of Peace and Justice. Twenty-two other states have already adopted biased-based profiling statutes. Another five are working on similar legislation.






