2006 New Mexico Statutes - 66-8-124 — Arresting officer to be in uniform.

66-8-124. Arresting officer to be in uniform.

A.     No person shall be arrested for violating the Motor Vehicle Code [ 66-1-1 NMSA 1978] or other law relating to motor vehicles punishable as a misdemeanor except by a commissioned, salaried peace officer who, at the time of arrest, is wearing a uniform clearly indicating his official status.   

B.     Notwithstanding the provisions of Subsection A of this section, a municipality may provide by ordinance that uniformed private security guards may be commissioned by the local police agency to issue parking citations for violations of clearly and properly marked fire zones and handicapped zones. Prior to the commissioning of any security guard the employer of the security guard shall agree in writing with the local police agency to said commissioning of the employer's security guard. The employer of any security guard commissioned under the provisions of this section shall be liable for the actions of that security guard in carrying out his duties pursuant to that commission. Notwithstanding the provisions of the Tort Claims Act [ 41-4-1 NMSA 1978], private security guards commissioned under this section shall not be deemed public employees under that act.