reglab/housing_qa huggingface dataset:
NM Stat § 31-4-27 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-27 - Immunity from service of process in certain civil actions.

A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings for which he is being or has been returned, until he has been convicted in the criminal proceedings, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited. History: Laws 1937, ch. 65, § 25; 1941 Comp., § 42-1927; 1953 Comp., § 41-19-27; Laws 1975, ch. 69, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 159. Immunity of nonresident defendant in criminal case from service of process, 20 A.L.R.2d 163.
NM Stat § 31-4-28 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-28 - No right of asylum; no immunity from other criminal prosecutions while in this state.

After a person has been brought back to this state by, or after waiver of, extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition. History: Laws 1937, ch. 65, § 26; 1941 Comp., § 42-1928; 1953 Comp., § 41-19-28. ANNOTATIONSDue process clause of federal constitution is not violated by this section. 1953 Op. Att'y Gen. No. 53-5767. Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 153, 157. Right to try one for an offense other than that named in extradition proceedings, 21 A.L.R. 1405.
NM Stat § 31-4-29 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-29 - Interpretation.

The provisions of this act [31-4-1 to 31-4-30 NMSA 1978] shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it. History: Laws 1937, ch. 65, § 27; 1941 Comp., § 42-1929; 1953 Comp., § 41-19-29.
NM Stat § 31-4-30 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-30 - Short title.

This act [31-4-1 to 31-4-30 NMSA 1978] may be cited as the Uniform Criminal Extradition Act. History: Laws 1937, ch. 65, § 30; 1941 Comp., § 42-1930; 1953 Comp., § 41-19-30.
NM Stat § 31-4-31 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 4 - Extradition|Section 31-4-31 - Transfer under treaty; governor.

When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted criminal offenders who are citizens or nationals of foreign countries to the foreign countries of which they are citizens or nationals, the governor is authorized, subject to the terms of such treaty, to act on behalf of the state of New Mexico and to consent to the transfer of the convicted criminal offender. History: 1978 Comp., § 31-4-31, enacted by Laws 1978, ch. 156, § 1.
NM Stat § 31-5-1 to 31-5-3 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-1 to 31-5-3 - Repealed.

ANNOTATIONSRepeals. — Laws 2001, ch. 322, art XV, repealed 31-5-1 through 31-5-3 NMSA 1978, as enacted by Laws 1937, ch. 10, §§ 1 and 2, and Laws 1959, ch. 34, § 1, regarding Uniform Act for Out-of-State Parolee Supervision, effective June 15, 2001. For provisions of the former sections, see the 2000 NMSA 1978 on NMOneSource.com.
NM Stat § 31-5-5 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-5 - Inmate commitment or transfer.

The secretary of corrections may commit or transfer an inmate to any institution in or outside New Mexico if New Mexico has entered into a contract or contracts for the confinement of inmates in the institution pursuant to Article III of the Western Interstate Corrections Compact [31-5-4 NMSA 1978]. History: 1953 Comp., § 41-20-12, enacted by Laws 1959, ch. 112, § 2; 1985, ch. 119, § 1. ANNOTATIONSThe 1985 amendment, effective April 2, 1985, added the catchline, substituted "The secretary of corrections" for "Any court or other agency or officer of this state having power to commit or transfer an inmate (as defined in Article II(d) of the Western Interstate Corrections Compact) to any institution for confinement" at the beginning of the section and substituted "an inmate" for "the inmate" following "transfer."
NM Stat § 31-5-6 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-6 - [Enforcement of compact; submission of reports.]

The courts, departments, agencies and officers of New Mexico and its subdivisions shall enforce this compact [31-5-4 NMSA 1978] and do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of reports required by the compact. History: 1953 Comp., § 41-20-13, enacted by Laws 1959, ch. 112, § 3.
NM Stat § 31-5-7 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-7 - [Board of parole; hearings within and outside state.]

The New Mexico board of parole is authorized to hold hearings within and outside New Mexico pursuant to Article IV (F) of the Western Interstate Corrections Compact [31-5-4 NMSA 1978]. History: 1953 Comp., § 41-20-14, enacted by Laws 1959, ch. 112, § 4. ANNOTATIONSCross references. — For state board of probation and parole referring to corrections division of the criminal justice department, see 33-1-7 NMSA 1978.
NM Stat § 31-5-8 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-8 - [Contracts of governor; approval by board of finance.]

The governor may enter into contracts on behalf of New Mexico to implement the participation of this state in the Western Interstate Corrections Compact pursuant to Article III of the compact [31-5-4 NMSA 1978], provided that any contract entered into by the governor must be approved by the state board of finance before the same shall be binding. History: 1953 Comp., § 41-20-15, enacted by Laws 1959, ch. 112, § 5.
NM Stat § 31-5-9 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-9 - [Release of inmate from institution outside state; transportation to home or place of employment.]

If an inmate is released from an institution outside of New Mexico, pursuant to Article IV (G) of the compact [31-5-4 NMSA 1978], the superintendent of the penitentiary shall provide him with transportation to either his home or place of employment if in New Mexico, or if neither of these is applicable to any point in New Mexico selected by the inmate. History: 1953 Comp., § 41-20-16, enacted by Laws 1959, ch. 112, § 6. ANNOTATIONSSeverability. — Laws 1959, ch. 112, § 7, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 31-5-11 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-11 - Compact authority.

The governor may negotiate and enter into contracts on behalf of this state pursuant to Article 3 of the Interstate Compact on Mentally Disordered Offenders [31-5-10 NMSA 1978] and may perform the contracts. No funds, personnel, facilities, equipment, supplies or materials shall be pledged for, committed or used on account of any such contract unless legally available therefor. History: 1953 Comp., § 41-20-18, enacted by Laws 1967, ch. 201, § 2.
NM Stat § 31-5-13 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-13 - Definition.

As used in the Agreement on Detainers [31-5-12 NMSA 1978] with reference to the courts of this state, the phrase "appropriate court" means the district court. History: 1953 Comp., § 41-20-20, enacted by Laws 1971, ch. 270, § 2.
NM Stat § 31-5-14 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-14 - Cooperation.

All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the Agreement on Detainers [31-5-12 NMSA 1978] and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose. History: 1953 Comp., § 41-20-21, enacted by Laws 1971, ch. 270, § 3.
NM Stat § 31-5-15 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-15 - Habitual offenders.

Nothing in this act [31-5-12 to 31-5-16 NMSA 1978] or in the Agreement on Detainers [31-5-12 NMSA 1978] shall be construed to require the application of the habitual offenders laws to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of that agreement. History: 1953 Comp., § 41-20-22, enacted by Laws 1971, ch. 270, § 4.
NM Stat § 31-5-16 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-16 - Transfers.

The corrections department shall give over the person of any inmate whenever required by the operation of the Agreement on Detainers [31-5-12 NMSA 1978]. History: 1953 Comp., § 41-20-23, enacted by Laws 1971, ch. 270, § 5. ANNOTATIONSCross references. — For reorganization of the corrections department, see 9-3-3 NMSA 1978 and notes thereto.
NM Stat § 31-5-18 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-18 - Secretary of corrections; powers.

The secretary of corrections is authorized and directed to do all things necessary or incidental to the carrying out of the compact [31-5-17 NMSA 1978] in every particular, and he may in his discretion delegate this authority to another appropriate official. History: Laws 1982, ch. 56, § 2.
NM Stat § 31-5-19 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 5 - Interstate Compacts|Section 31-5-19 - Convicted offenders; contracts with United States attorney general.

The secretary of corrections is authorized to contract with the United States attorney general for the custody, care, housing, subsistence, education, treatment and training either of persons convicted of criminal offenses in the courts of New Mexico in order that they may be housed in United States prisons or correctional facilities for these purposes or of persons convicted of criminal offenses in the courts of the United States in order that they may be housed in New Mexico correctional facilities for such purposes. History: Laws 1982, ch. 54, § 1.
NM Stat § 31-6-2 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 6 - Grand Jury|Section 31-6-2 - Foreman of grand jury.

The jurors shall select one of their number as foreman of the grand jury. The foreman shall preside over the sessions of the grand jury. The foreman shall administer oaths to witnesses. The foreman will sign all reports, indictments or other undertakings of the grand jury. The foreman may appoint one member of the grand jury as a clerk to aid in the keeping of notes or minutes and the tallying of votes during secret sessions when no persons other than grand jury members may be present. The foreman may recess the sessions of the grand jury and reconvene them. The foreman, for good cause, may request the court to excuse or discharge individual grand jurors and to replace them with alternate grand jurors as necessary to continue the work of the grand jury. History: 1953 Comp., § 41-5-2, enacted by Laws 1969, ch. 276, § 2; 1979, ch. 337, § 1. ANNOTATIONSRepeals. — Laws 1969, ch. 276, § 14, repealed former 41-5-2, 1953 Comp., relating to challenges of the grand jury panel. Directory nature of section. — Section 31-6-1 NMSA 1978 and this section are merely directory, not mandatory. State v. Apodaca, 1987-NMCA-033, 105 N.M. 650, 735 P.2d 1156, cert. denied, 105 N.M. 618, 735 P.2d 535, overruled on other grounds by State v. Garcia, 1990-NMCA-065, 110 N.M. 419, 796 P.2d 1115, cert. denied, 110 N.M. 282, 795 P.2d 87. Law reviews. — For annual survey of criminal procedure in New Mexico, see 18 N.M.L. Rev. 345 (1988). Am. Jur. 2d, A.L.R. and C.J.S. references. — 38A C.J.S. Grand Juries §§ 54, 55.
NM Stat § 31-6-5 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 6 - Grand Jury|Section 31-6-5 - Return of indictments.

Indictments shall be returned by the grand jury within twenty-four hours following the day when the indictment is voted. Indictments shall not name persons as unindicted coconspirators. Indictments may be filed and prosecution and trial had thereon without regard to court terms. No-bills shall be sealed and filed with the district court clerk. Upon application to the court by the state for good cause shown, or upon request by the target, the court may release a sealed no-bill. History: 1953 Comp., § 41-5-5, enacted by Laws 1969, ch. 276, § 5; 1979, ch. 337, § 3; 2003, ch. 363, § 3. ANNOTATIONSRepeals. — Laws 1969, ch. 276, § 14, repealed former 41-5-5, 1953 Comp., relating to the court's decision on the grand jury challenge and the duty of the clerk to record it. The 2003 amendment, effective July 1, 2003, deleted "or the person named in the proposed indictment, the court may release a sealed no-bill" and inserted "or upon request by the target, the court may release a sealed no-bill" in the last sentence. "Returned by the grand jury" defined. — "Returned by the grand jury" in this section means an indictment voted by the grand jury, signed by the foreman and filed either with the court clerk or the judge. Where these requirements were met, the fact that the entire grand jury was not present at the time of the "return" did not invalidate the indictment. State v. Blakley, 1977-NMCA-088, 90 N.M. 744, 568 P.2d 270. Filing regardless of whether court in session. — This provision implies that an indictment may be filed without regard to whether court was in session when it was filed. State v. Ellis, 1976-NMCA-036, 89 N.M. 194, 548 P.2d 1212, cert. denied, 89 N.M. 206, 549 P.2d 284. Period could include weekends. — The 24-hour period of this section does not include Saturdays and Sundays if the court which convened the grand jury was not in session on those days. Where the grand jury voted the indictment on Friday night, return of the indictment on the following Monday complied with this section. State v. Blakley, 1977-NMCA-088, 90 N.M. 744, 568 P.2d 270. Am. Jur. 2d, A.L.R. and C.J.S. references. — 41 Am. Jur. 2d Indictments and Informations § 31. Power of grand jury to withdraw or alter indictment, or return of "not a true bill," 82 A.L.R. 1057. 42 C.J.S. Indictments and Informations § 23.
NM Stat § 31-6-9.1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 6 - Grand Jury|Section 31-6-9.1 - Abuse of grand jury procedures.

The prosecuting attorney shall not use the grand jury solely for the purpose of obtaining additional evidence against an already indicted person on the charge or accusation for which the person was indicted. History: Laws 1979, ch. 337, § 12. ANNOTATIONSMisuse of protected information. — A grand jury indictment will be dismissed only if the defendant can affirmatively demonstrate how he was prejudiced by the prosecutor's alleged misuse of the protected grand jury information. State v. Benavidez, 1999-NMCA-053, 127 N.M. 189, 979 P.2d 234, rev'd on other grounds, 1999-NMSC-041, 128 N.M. 261, 992 P.2d 274. Use of defendant's testimony at second grand jury hearing for impeachment at trial did not affect the validity of the second indictment since the grand jury was ordered in response to the defendant's own motion. State v. Martinez, 1996-NMCA-109, 122 N.M. 476, 927 P.2d 31, cert. denied, 122 N.M. 578, 929 P.2d 269.
NM Stat § 31-6-11.1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 6 - Grand Jury|Section 31-6-11.1 - Renewed presentation of evidence forbidden.

After a grand jury acts on the merits of evidence presented to it and returns a no-bill, the same matter shall not be presented again to that jury or another grand jury on the same evidence. History: Laws 1979, ch. 337, § 11. ANNOTATIONSSubsequent indictment for more serious crime permitted. — Where a defendant is originally indicted for second-degree murder, but later the district attorney reviews the case and decides the evidence supports first-degree murder, he may seek and obtain a second indictment, this time for first-degree murder. State v. Sena, 1983-NMSC-005, 99 N.M. 272, 657 P.2d 128. Subsequent information permitted after a no-bill. — Neither the N.M. Const., art. II, § 14 nor this section limits the state's ability to proceed by information after a grand jury has returned a no-bill. State v. Isaac M., 2001-NMCA-088, 131 N.M. 235, 34 P.3d 624, cert. denied, 131 N.M. 221, 34 P.3d 610 (2002). Law reviews. — For comment, "The Use of an Information Following the Return of a Grand Jury No Bill: State v. Joe Nestor Chavez," see 10 N.M.L. Rev. 217 (1979-80). For article, "Survey of New Mexico Law, 1979-80: Criminal Law and Procedure," see 11 N.M.L. Rev. 85 (1981).
NM Stat § 31-6-13 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 6 - Grand Jury|Section 31-6-13 - Compensation of jurors and witnesses.

Grand jurors shall be paid by the district court a per diem allowance and mileage for their necessary travel for their attendance and service in the amounts provided by law for trial or petit jurors. Witnesses attending the grand jury under subpoena shall be paid by the district court a per diem allowance and mileage for their necessary travel in the amounts provided by law for witnesses attending trials. History: 1953 Comp., § 41-5-13, enacted by Laws 1969, ch. 276, § 13. ANNOTATIONSRepeals. — Laws 1969, ch. 276, § 14, repealed former 41-5-13, 1953 Comp., relating to the retirement of the grand jury for their inquiry into the offenses. Cross references. — For mileage and compensation for jurors and jury commissioners, see 38-5-15 NMSA 1978. For per diem and mileage for witnesses, see 38-6-4 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38A C.J.S. Grand Juries § 12.
NM Stat § 31-6-14 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 6 - Grand Jury|Section 31-6-14 - Multiple representation.

A lawyer or lawyers who are associated in practice shall not continue multiple representation of clients in a grand jury proceeding if the exercise of the lawyer's independent professional judgment on behalf of one of the clients will be or is likely to be adversely affected by his representation of another client. If the court determines that this principle is violated, it may order separate representation of witnesses, giving appropriate weight to an individual's right to counsel of his own choosing. History: Laws 1979, ch. 337, § 13.
NM Stat § 31-8-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 8 - Out-of-State Witnesses|Section 31-8-1 - [Attendance of witnesses from without a state; definitions.]

Witness, as used in this act [31-8-1 to 31-8-6 NMSA 1978], shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. The word "state" shall include any territory of the United States and District of Columbia. The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness. History: Laws 1937, ch. 66, § 1; 1941 Comp., § 42-1213; 1953 Comp., § 41-12-13. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 81 Am. Jur. 2d Witnesses §§ 34, 35, 39. Admissions to prevent continuance sought to secure testimony of absent witness in criminal case, 9 A.L.R.3d 1180. Availability under Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings of subpoena duces tecum, 7 A.L.R.4th 836. Sufficiency of evidence to support or require finding that out-of-state witness in criminal case is "material witness" justifying certificate to secure attendances under Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings, 12 A.L.R.4th 742. Sufficiency of evidence to support or require finding that in-state witness in criminal case is "material and necessary" justifing issuance of summons directing attendance of witness under Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings, 12 A.L.R.4th 771. 97 C.J.S. Witnesses § 17.
NM Stat § 31-8-4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 8 - Out-of-State Witnesses|Section 31-8-4 - Exemption from arrest and service of process.

If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. History: Laws 1937, ch. 66, § 4; 1941 Comp., § 42-1216; 1953 Comp., § 41-12-16. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Arrest § 128 et seq.; 62B Am. Jur. 2d Process §§ 39-43. Power of legislature to grant or authorize committee to grant immunity from criminal prosecution to witnesses summoned before legislative committee, 87 A.L.R. 435. 6A C.J.S. Arrest §§ 6, 80 to 85; 72 C.J.S. Process §§ 27, 28.
NM Stat § 31-8-5 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 8 - Out-of-State Witnesses|Section 31-8-5 - Uniformity of interpretation.

This act [31-8-1 to 31-8-6 NMSA 1978] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. History: Laws 1937, ch. 66, § 5; 1941 Comp., § 42-1217; 1953 Comp., § 41-12-17.
NM Stat § 31-8-6 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 8 - Out-of-State Witnesses|Section 31-8-6 - Short title.

This act [31-8-1 to 31-8-6 NMSA 1978] may be cited as "Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings". History: Laws 1937, ch. 66, § 6; 1941 Comp., § 42-1218; 1953 Comp., § 41-12-18. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Permissibility of testimony by telephone in state trial, 85 A.L.R.4th 476.