New Mexico Statutes

N.M. Stat. § 9-19-4 (2026)

Department established.

✓ current as of May 2026

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There is created in the executive branch the "department of public safety". The
department shall be a cabinet department and shall consist of, but not be limited to:

   A. the New Mexico state police division;

   B. the New Mexico law enforcement academy;

   C. the technical support division;

   D. the administrative services division; and

   E. the information technology division.

History: 1978 Comp., § 9-18-4, enacted by Laws 1987, ch. 254, § 4; 1989, ch. 204, § 4;
1998 (1st S.S.), ch. 10, § 3; 2005, ch. 110, § 9; 2007, ch. 291, § 7; 2015, ch. 3, § 1.

                                    ANNOTATIONS
Cross references. — For state police, see 29-2-1 to 29-2-29 NMSA 1978.

For law enforcement training, see 29-7-1 to 29-7-13 NMSA 1978.

The 2015 amendment, effective July 1, 2015, effective July 1, 2015, provided for the
reorganization of the department of public safety by removing the special investigations
division, the training and recruiting division, and the motor transportation division from
their current organizational position within the department of public safety; in the
introductory paragraph, after "limited to", deleted "five program divisions, an
administrative division and an information technology division as follows"; deleted
Subsections B, C and F, relating to the special investigations division, the training and
recruiting division, and the motor transportation division; added the present Subsection
B, and redesignated the subsequent subsections accordingly.

Temporary provisions. — Laws 2015, ch. 3, § 43 provided:

On July 1, 2015:

A.      all personnel, appropriations, money, records, equipment, supplies and other
property of the training and recruiting division of the department of public safety shall be
transferred to the New Mexico law enforcement academy of the department of public
safety;

B.     all contracts pertaining to the training and recruiting division of the department of
public safety shall be binding and effective on the New Mexico law enforcement
academy of the department of public safety; and

C.     all references in law to the training and recruiting division of the department of
public safety shall be deemed to refer to the New Mexico law enforcement academy of
the department of public safety.

Laws 2015, ch. 3, § 44 provided:

On July 1, 2015:

A.     all personnel, appropriations, money, records, equipment, supplies and other
property of the training and recruiting division of the department of public safety shall be
transferred to the New Mexico law enforcement academy division of the department of
public safety;

B.     all contracts pertaining to the training and recruiting division of the department of
public safety shall be binding and effective on the New Mexico law enforcement
academy division of the department of public safety; and
C.     all references in law to the training and recruiting division of the department of
public safety shall be deemed to refer to the New Mexico law enforcement academy
division of the department of public safety.

The 2007 amendment, effective July 1, 2007, changed the name of the technical and
emergency support bureau to the technical support division.

The 2005 amendment, effective June 17, 2005, created the information technology
division within the department of public safety.

The 1998 amendment, effective July 1, 1998, added Subsection F and made minor
related and stylistic changes.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2017–2023 · leading case: Roybal-Mack v. N.M. Dep't of Pub. Saf., 286 F. Supp. 3d 1226 (D.N.M. 2017).

Sort: Relevance Newest Treatment

Roybal-Mack v. N.M. Dep't of Pub. Saf., 286 F. Supp. 3d 1226 (D.N.M. 2017). · cites it 2× “The New Mexico DPS was statutorily created in the "executive branch" of state government, with various subdivisions within that department, including the New Mexico state police division, meaning that DPS (and the inclusive NMSP).”

Paschall v. Frietze (D.N.M. 2020). · cites it 3× “NMSA 1978, §9-19-4 and §9-19-4(A) (2015); see also Roybal-Mack v.”

Paschall v. Frietze (D.N.M. 2020). · cites it 3× “NMSA 1978, §9-19-4 and §9-19-4(A) (2015).”

Ray v. New Mexico State Police (D.N.M. 2021). · cites it 2× “Even forgiving Plaintiff’s deficient pleading, his § 1983 claim against NMSP fails for two reasons. First, NMSP is a division of the New Mexico Department of Public Safety (“DPS”), an executive cabinet department of the State of New Mexico.”

Blandin v. Smith (D.N.M. 2023). “§ 9-19-4). “The New Mexico Department of Public Safety, as an arm of the State of New Mexico, is not a ‘person’ within the meaning of § 1983 and therefore is immune from § 1983 suits.”

— N.M. Stat. § 9-19-4(A) — 2 cases

Paschall v. Frietze (D.N.M. 2020). “NMSA 1978, §9-19-4 and §9-19-4(A) (2015); see also Roybal-Mack v.”

Paschall v. Frietze (D.N.M. 2020). “NMSA 1978, §9-19-4 and §9-19-4(A) (2015).”

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