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New Mexico Coalition

of

Private Security Services


All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.  Article II, Bill of Rights, State of New Mexico Constitution

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Legal

As posted on the RLD web site:

 

Security Guard Training Requirements
 

Link on New Rules


LEVEL ONE
The following eight hour curriculum is the proposed minimum training required and must be completed within twelve months prior to application for security guard level one licensing:

(1) Legal training for security guards – four (4) hours

(a) Legal responsibilities, qualifications, restrictions and liability of
level 1 security guard

(b) Introduction to use of force continuum, appropriate use of force and
de-escalation techniques.

(c) Powers of detention and New Mexico laws of citizen arrest

(d) Appropriate search and seizure, legal restrictions and civil liability

(e) New Mexico laws on trespass

(2) Authority and responsibility of the security guard – two (2) hours

(a) Communication with local law enforcement, jurisdiction and limitations
of authority

(b) Radio dispatch protocol and other communication tools

(c) Image, professional communication, note-taking and report writing

(3) Incident scene management and preservation - two (2) hours

(a) Identifying evidence

(b) Care and handling of evidence

(c) Securing the immediate area

(d) Evidence tampering and/or removal

(e) Witness/participant identification

LEVEL TWO
The following sixteen hour curriculum in addition to the Level One training is the proposed minimum training required and should be completed within twelve months prior to application for security guard level two registration.

(1) Legal and practical aspects of use of force and personal/employer
liability – eight (8) hours

(2) Verbal and written communication and conflict management – six (6) hours

(3) First responder basic first aid – two (2) hours

(4) Specific weapon endorsement

LEVEL THREE
The following sixteen hour curriculum in addition to the Level One and Level Two training and firearm certification is the proposed minimum training to be required and would be completed within twelve months prior to application for security guard level three registration.

(1) The five firearms safety rules

(2) Weapon manipulation

(3) Types of sidearms

(4) Firearm retention and equipment

(5) Firearm storage devices

(6) Locking devices

(7) Ammunition and storage

(8) Training household members

(9) Hazards of loaded firearms in the home

(10) Mental conditioning and tactics

(11) Weapon manipulation and marksmanship

(12) Threat recognition and judgmental shooting

(13) Laws pertaining to firearms, deadly physical force and the exercise of
the powers of arrest – mandatory
four (4) hours minimum

 

 

Negligent Hiring

 

Information lead provided by Don Hipp, Alamo Security Services

 

Combating Negligent Hiring Claims per

the U.S. Chamber of Commerce (Link to read article):

 

"You have a duty to make a reasonable investigation of an applicant's fitness before hiring. The extent of the duty may vary with the circumstances.

 

You can be held liable if:

  • You didn't do a background check

  • You hired an employee you should have known (through proper checking) was incompetent or unfit

Example of Negligent Hiring

 

After a furniture store delivery person assaulted a customer while delivering furniture to her home, the furniture store owner was held liable for negligent hiring. If the company had conducted any background check at all, it would have found that he had a history of violent behavior. The customer could recover damages from the owner in this instance because it was reasonably foreseeable that a person with a violent past might assault a customer."

New Mexico Private Investigations Act

 

Index

 

Background Investigations - Fingerprints

Create Advisory Board and Members

Firearms

Levels of Security Guard Registration

Level 1

Level 2

Level 3

Must Wear Wear the Registration Card

Pass a Psychological Evaluation - Level 3

Security Guard Definition

Temporary Provision-Transition

 

61-27A-2. DEFINITIONS.--As used in the Private

Investigations Act:

W. "security guard" means an individual who is registered to engage in uniformed or nonuniformed services under the direct control and supervision of a licensed private patrol operator or a private patrol operations manager to perform such security missions as watchman, fixed post guard, dog handler, patrolman or other person to protect property or prevent thefts; and

X. "special event" means a parade or other public or private event of short duration requiring security."

Return to Index

 

61-27A-5.1. PRIVATE INVESTIGATIONS ADVISORY BOARD—CREATED--MEMBERS.--

A. The "private investigations advisory board" is created.

B. The superintendent of regulation and licensing shall appoint members to the advisory board to assist in the conduct of the examination process for licensees and registrants and to assist the department in other manners as requested by the superintendent or provided for in rules of the department.

C. The advisory board members shall consist of at least the following:

(1) two private investigators;

(2) one private patrol operator;

(3) one polygraph examiner; and

(4) one member of the public.

D. Members of the advisory board shall be reimbursed pursuant to the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance for each day spent in the discharge of their duties.

 

Return to Index

 

 

61-27A-6.8. SECURITY GUARD--LEVELS OF REGISTRATION

A. A security guard shall be registered at one of the three levels enumerated in this section that are based on experience, age and other qualifications of the registrant:

(1) level one is the entry level registration for security guards who will be working in a position not requiring the registrant to carry arms;

(2) level two is the intermediate level registration for security guards who are required to be armed but not with firearms; and

(3) level three is the advanced level registration for security guards who may be required to be armed with a firearm.

B. Each security guard shall receive a card issued by the department in the security guard's name with a definite expiration date that shall be carried by the security guard at all times when the security guard is performing duties that require the security guard to be registered pursuant to the provisions of this section. A security guard is not required to obtain a new card each time the security guard changes employment."

 

Return to Index

 

61-27A-6.9. SECURITY GUARD--LEVEL ONE--REGISTRATION--REQUIREMENTS.--

A. On or after July 1, 2007, every individual seeking employment or employed as a level one security guard shall file an application for registration with the department.

B. The department shall issue a registration for a level one security guard to an individual who files a completed application accompanied by the required fees and

who submits satisfactory evidence that the applicant:

(1) is at least eighteen years of age;

(2) is of good moral character;

(3) has successfully completed an examination as required by department rule;

(4) has not been convicted of a felony or an offense involving dishonesty, an offense involving an

intentional violent act or the illegal use or possession of a deadly weapon and has not been found to have violated professional ethical standards;

(5) has completed a curriculum approved in department rule consisting of level one security guard training prior to being placed on a guard post for the first time as a level one security guard; that training may be provided by:

(a) a public educational institution in New Mexico or an educational institution licensed by the higher education department pursuant to the Post-Secondary Educational Institution Act;

(b) an in-house training program provided by a licensed private patrol company using a curriculum approved by the department; or

(c) any other department-approved educational institution using a curriculum approved by the department and complying with department standards set forth in department rules;

(6) is employed by a private patrol company under the direct supervision of a licensed private patrol operator, a level three security guard or a private patrol operations manager; and

(7) meets other requirements set forth in department rules.

C. A private patrol company shall notify the department within thirty days from the date of termination of a level one security guard of the employment termination."

 

Return to Index

 

61-27A-6.10. SECURITY GUARD--LEVEL TWO--REGISTRATION--REQUIREMENTS.--

A. On or after July 1, 2007, every individual seeking employment or employed as a level two security guard shall file an application for registration with the department.

B. The department shall issue a registration for a level two security guard to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:

(1) meets the requirements to be granted registration as a level one security guard and maintains in good standing a current registration as a level one security guard;

(2) has successfully completed an examination as required by department rule;

(3) possesses a high school diploma or its equivalent;

(4) in addition to the training required to be registered as a level one security guard, has completed a curriculum approved in department rule of level two security guard training prior to being placed on a guard post for the first time as a level two security guard; that training may be provided by:

(a) a public educational institution in New Mexico or an educational institution licensed by the higher education department pursuant to the Post-Secondary Educational Institution Act;

(b) an in-house training program provided by a licensed private patrol company using a curriculum approved by the department;

(c) the New Mexico law enforcement academy; or

(d) any other department-approved educational institution using a curriculum approved by the department and complying with department standards set forth in department rules;

(5) is employed by a private patrol company under the direct supervision of a licensed private patrol operator, a level three security guard or a private patrol operations manager; and

(6) meets other requirements set forth in department rules.

C. A private patrol company shall notify the department within thirty days from the date of termination of a level two security guard of the employment termination."

 

Return to Index

 

 

61-27A-6.11. SECURITY GUARD--LEVEL THREE--REGISTRATION--REQUIREMENTS.--

A. On or after July 1, 2007, every individual seeking employment or employed as a level three security guard shall file an application for registration with the department.

B. The department shall issue a registration for a level three security guard to an individual who files a completed application accompanied by the required fees and

who submits satisfactory evidence that the applicant:

(1) is at least twenty-one years of age;

(2) meets the requirements to be granted registration as a level two security guard and maintains in good standing a current registration as a level two security guard;

(3) has successfully completed an examination as required by department rule;

(4) possesses a high school diploma or its equivalent;

(5) in addition to the training required to be registered as a level two security guard and before the applicant shall be placed for the first time at a guard post as a level three security guard, has completed a curriculum approved by the department consisting of the minimum training for firearm certification prescribed by the department; provided that the additional training required by the department is provided by:

(a) a public educational institution in New Mexico or an educational institution licensed by the

higher education department pursuant to the Post-Secondary Educational Institution Act;

(b) an in-house training program provided by a licensed private patrol company using a

curriculum approved by the department;

(c) the New Mexico law enforcement academy; or

(d) any other department-approved educational institution using a curriculum approved by the

department and complying with department standards set forth in department rules;

(6) is firearm certified by the New Mexico law enforcement academy or the national rifle association;

(7) is employed by a private patrol company under the direct supervision of a licensed private patrol operator, another level three security guard or a private patrol operations manager;

(8) beginning on July 1, 2009, has successfully passed a psychological evaluation as prescribed by the department to determine suitability for carrying firearms; and

(9) meets other requirements set forth in department rules.

C. A private patrol company shall notify the department within thirty days from the date of termination of a level two security guard of the employment termination."

 

Return to Index

 

61-27A-9. DISPLAY OF LICENSE--NOTIFICATION OF

CHANGES.—

D. A security guard shall wear the registration card on the outside of the guard's uniform so that the card is visible to others.

Return to Index

 

61-27A-19.1. FIREARMS.--A private investigator, a

private patrol operator, a private investigations employee, a

level three security guard or a private patrol operations

employee may carry a firearm upon successful completion of the mandatory firearm training required by rules of the

department."

 

Return to Index

 

 

Section 34. A new section of the Private Investigations Act is enacted to read:

"BACKGROUND INVESTIGATIONS.--

A. The department shall adopt rules that:

(1) are developed in conjunction with the department of public safety that require background investigations of all persons licensed or registered pursuant to the Private Investigations Act to determine if the person has a criminal history;

(2) require all applicants for licensure or registration to be fingerprinted on two fingerprint cards or electronically as required for submission to the federal bureau of investigation to conduct a national criminal history investigation and for submission to the department of public safety to conduct a state criminal history investigation;

 

Return to Index

 

Enforcement Officer Badge

Homeland Security Live Alert

Important Blogs

ACLU New Mexico

American Congress for Truth

Jeremy Jojola KOB-TV

Judicial Watch

New Mexico Security Blog

Code of Ethics - 16.48.1.8.

Security Management

Security Employees

Virtual Memorial

Virtual Officer Down Memorial

 

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