reglab/housing_qa huggingface dataset:
NM Stat § 31-9-1.1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 9 - Mental Illness and Competency|Section 31-9-1.1 - Determination of competency; evaluation and determination.

The defendant's competency shall be professionally evaluated by a psychologist or psychiatrist or other qualified professional recognized by the district court as an expert and a report shall be submitted as ordered by the court. A hearing on the issue of the competency of an incarcerated defendant charged with a felony shall be held by the district court within a reasonable time, but in no event later than thirty days after notification to the court of completion of the diagnostic evaluation. In the case of an incarcerated defendant not charged with a felony, the court shall hold a hearing and determine his competency within ten days of notification to the court of completion of the diagnostic evaluation. History: 1978 Comp., § 31-9-1.1, enacted by Laws 1988, ch. 107, § 2 and by Laws 1988, ch. 108, § 2; 1993, ch. 240, § 2; 1993, ch. 249, § 2. ANNOTATIONSCross references. — For rule of criminal procedure governing defenses of insanity, incompetency, and lack of capacity, see Rule 5-602 NMRA. The 1993 amendment, rewrote the section to the extent that a detailed comparison was impracticable. The section was also amended by Laws 1993, ch. 240, § 2, effective June 18, 1993. The section was set out as amended by Laws 1993, ch. 249, § 2. See 12-1-8 NMSA 1978. Standard for competency. — The standard for competency is met if "defendant understands the nature and significance of the proceedings, has a factual understanding of the charges, and is able to assist his attorney in his defense". State v. Najar, 1986-NMCA-068, 104 N.M. 540, 724 P.2d 249, cert. denied, 104 N.M. 460, 722 P.2d 1182; State v. Duarte, 1996-NMCA-038, 121 N.M. 553, 915 P.2d 309, cert. denied, 121 N.M. 444, 913 P.2d 251. Five year delay between arraignment and competency hearing. — The defendant was not denied due process when there was a five year delay between his arraignment and his competency hearing where much of the delay occurred awaiting a determination of the defendant's competency by a qualified professional; the district court ordered the defendant's attorney to request a competency hearing when the attorney received the report of the mental evaluation; no mental evaluation was submitted to the district court despite repeated court-ordered evaluations; and the defendant did not oppose his continued commitment. State v. Demongey, 2008-NMCA-066, 144 N.M. 333, 187 P.3d 679, cert. quashed, 2011-NMCERT-001, 150 N.M. 560, 263 P.3d 902. Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of indigent defendant in state criminal case to assistance of psychiatrist or psychologist, 85 A.L.R.4th 19. Qualification of nonmedical psychologist to testify as to mental condition or competency, 72 A.L.R.5th 529.
NM Stat § 31-9-1.4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 9 - Mental Illness and Competency|Section 31-9-1.4 - Determination of competency; incompetent defendants.

If at any time the district court determines that there is not a substantial probability that the defendant will become competent to proceed in a criminal case within a reasonable period of time not to exceed nine months from the date of the original finding of incompetency, the district court may: A. hear the matter pursuant to Section 31-9-1.5 NMSA 1978 within three months if the defendant is charged with a felony that involves the infliction of great bodily harm on another person; a felony that involves the use of a firearm; aggravated arson, as provided in Section 30-17-6 NMSA 1978; criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; or criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; B. release the defendant from custody and dismiss with prejudice the charges against him; or C. dismiss the criminal case without prejudice in the interest of justice. If the treatment supervisor has issued a report finding that the defendant satisfies the criteria for involuntary commitment contained in the Mental Health and Developmental Disabilities Code [43-1-2 NMSA 1978], the department of health shall commence proceedings pursuant to Chapter 43, Article 1 NMSA 1978, and the court may order the defendant confined for a maximum of seven days to facilitate preparation and initiation of a petition pursuant to the Mental Health and Developmental Disabilities Code. The district court may refer the defendant to the district attorney for possible initiation of proceedings under the Mental Health and Developmental Disabilities Code. History: 1978 Comp., § 31-9-1.4, enacted by Laws 1988, ch. 107, § 5 and by Laws 1988, ch. 108, § 5; 1993, ch. 240, § 5; 1993, ch. 249, § 5; 1999, ch. 149, § 3. ANNOTATIONSCross references. — For rule of criminal procedure governing defenses of insanity, incompetency, and lack of capacity, see Rule 5-602 NMRA. The 1999 amendment, effective June 18, 1999, substituted "nine months" for "one year" in the introductory paragraph, rewrote Subsection A which read: "set the matter for hearing pursuant to Section 31-9-1.5 NMSA 1978", and added the second sentence in Subsection C. The 1993 amendment, effective June 18, 1993, rewrote the section to the extent that a detailed comparison is impracticable. This section was also amended by Laws 1993, ch. 240, § 5, effective June 18, 1993. The section was set out as amended by Laws 1993, ch. 249, § 5. See 12-1-8 NMSA 1978.
NM Stat § 31-9-3 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 9 - Mental Illness and Competency|Section 31-9-3 - Repealed.

History: Laws 1982, ch. 55, § 1; repealed by Laws 2010, ch. 97, § 1.ANNOTATIONSRepeals. — Laws 2010, ch. 97, § 1 repealed 31-9-3 NMSA 1978, as enacted by Laws 1982, ch. 55, § 1, relating to the plea and verdict of guilty but mentally ill in criminal trials, effective May 19, 2010. For provisions of former section, see the 2009 NMSA 1978 on NMOneSource.com.
NM Stat § 31-9-4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 9 - Mental Illness and Competency|Section 31-9-4 - Repealed.

History: Laws 1982, ch. 55, § 2; repealed by Laws 2010, ch. 97, § 1.ANNOTATIONSRepeals. — Laws 2010, ch. 97, § 1 repealed 31-9-4 NMSA 1978, as enacted by Laws 1982, ch. 55, § 2, relating to the sentence upon accepted plea or verdict of guilty but mentally ill, effective May 19, 2010. For provisions of former section, see the 2009 NMSA 1978 on NMOneSource.com.
NM Stat § 31-10-1 to 31-10-3 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 10 - Commission of Crimes by Indians (Repealed.)|Section 31-10-1 to 31-10-3 - Repealed.

ANNOTATIONSRepeals. — Laws 1995, ch. 40, § 1 repealed 31-10-1 through 31-10-3 NMSA 1978, as enacted by Laws 1864-1865, ch. 21, §§ 1 and 2 and Laws 1889, ch. 140, § 1, relating to commission of crimes by Indians, effective April 5, 1995.
NM Stat § 31-11-2 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 11 - Appeals and Post-Conviction Remedies|Section 31-11-2 - [Appeal granted; defendant to be committed or recognized.]

If an appeal be granted, the district court shall order the defendant to be committed or recognized and the commitment or recognizance shall be to the same effect as when the defendant himself is appellant. History: Laws 1917, ch. 43, § 51; C.S. 1929, § 105-2528; 1941 Comp., § 42-1504; 1953 Comp., § 41-15-4. ANNOTATIONSCross references. — For rules for appeals, see Rules 12-201 to 12-2-203 NMRA. For supersedeas and stay, see Rule 12-207 NMRA. For writs of error, see Rule 12-503 NMRA. Compiler's notes. — "Appeal", as used in this section, apparently refers to an appeal by the state. Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 358 et seq.
NM Stat § 31-11-4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 11 - Appeals and Post-Conviction Remedies|Section 31-11-4 - Directions following review brought by state.

In any criminal case, if the supreme court or court of appeals affirms the judgment of the district court upon review brought by the state, it shall direct that the defendant be discharged; and if the judgment is reversed, it shall direct the district court to enter judgment on the verdict rendered, or, when no judgment has been rendered, to proceed to trial on the indictment or information. History: Laws 1917, ch. 43, § 56; 1927, ch. 93, § 9; C.S. 1929, § 105-2530; 1941 Comp., § 42-1506; 1953 Comp., § 41-15-6; Laws 1966, ch. 28, § 61. ANNOTATIONSCross references. — For similar appellate rule, see Rule 12-402 NMRA. Severability. — Laws 1966, ch. 28, § 66, provides for the severability of the act if any part or application thereof is held invalid. Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 591 et seq.
NM Stat § 31-11-5 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 11 - Appeals and Post-Conviction Remedies|Section 31-11-5 - [New trial granted; procedure in district court.]

The district court to which any criminal cause shall be remanded for new trial shall proceed thereon in same manner as if said cause had not been theretofore tried. History: Laws 1917, ch. 43, § 57; C.S. 1929, § 105-2531; 1941 Comp., § 42-1507; 1953 Comp., § 41-15-7. ANNOTATIONSCross references. — For appellate rule, see Rule 12-402 NMRA. Definition of "new trial". — The usual definition of a new trial, both common law and statutory, is that it is a reexamination of an issue of fact in the same court after a verdict by a jury. State v. Nelson, 1959-NMSC-023, 65 N.M. 403, 338 P.2d 301, cert. denied, 361 U.S. 877, 80 S. Ct. 142, 4 L. Ed. 2d 115. District court retries and reexamines all fact issues. — Since a vast majority of judicial pronouncements relative to a new trial state that it is a reexamination of an issue of fact in the same court, the legislature, by enacting this section, did not intend to provide that the trial judge who had presided over the original trial without objection could be ousted of jurisdiction to retry the case. Nor does this statutory provision contemplate a new information or indictment, rearrest or a new preliminary hearing. This section simply means that the district court to which any case is remanded for a new trial shall reexamine and retry all issues of fact. State v. Nelson, 1959-NMSC-023, 65 N.M. 403, 338 P.2d 301, cert. denied, 361 U.S. 877, 80 S. Ct. 142, 4 L. Ed. 2d 115. Reexamination of fact not admissiblity of evidence. — This section simply means that the district court to which any case is remanded for a new trial shall re-examine and re-try all issues of fact. Neither the wording nor the title of the act of which this section is a part suggests in any manner that it applies to the admissibility of evidence upon retrial. State v. De Santos, 1978-NMCA-012, 91 N.M. 428, 575 P.2d 612. Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d New Trial §§ 587 to 590. Right of indigent defendant in criminal case to aid of state as regards new trial, 55 A.L.R.2d 1072. Conviction of lesser offense as bar to prosecution for greater offense on new trial, 61 A.L.R.2d 1141. Propriety of increased punishment on new trial for same offense, 12 A.L.R.3d 978. Appeal by state of order granting new trial in criminal case, 95 A.L.R.3d 596.
NM Stat § 31-12-2 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 12 - Fines, Fees and Costs|Section 31-12-2 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 51, § 1, repealed 31-12-1 and 31-12-2 NMSA 1978, relating to the reporting of fines by the county clerk and their credit to the state school fund, and the collection of fines by sheriff, respectively.
NM Stat § 31-12-5 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 12 - Fines, Fees and Costs|Section 31-12-5 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 51, § 1, repealed 31-12-4 and 31-12-5 NMSA 1978, relating to fees in criminal cases and the charging of illegal fees, respectively.
NM Stat § 31-12-7 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 12 - Fines, Fees and Costs|Section 31-12-7 - Motor vehicles; influence of intoxicating liquor or drugs; fee upon conviction.

Notwithstanding the provisions of Section 66-8-102 NMSA 1978 or any municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs, a person convicted of a violation of Section 66-8-102 NMSA 1978 or a violation of a municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs shall be assessed by the court, in addition to any other fee or fine: A. a fee of eighty-five dollars ($85.00) to defray the costs of chemical and other tests used to determine the influence of liquor or drugs; and B. a fee of seventy-five dollars ($75.00) to fund comprehensive community programs for the prevention of driving while under the influence of intoxicating liquor or drugs and for other traffic safety purposes. History: Laws 1981, ch. 367, § 1; 1988, ch. 56, § 5; 1991, ch. 245, § 1; 1997, ch. 203, § 1; 2010, ch. 5, § 1. ANNOTATIONSCross references. — For the traffic offense of being under the influence of intoxicating liquor, see 66-8-102 NMSA 1978. The 2010 amendment, effective July 1, 2010, in Subsection A, increased the fee from sixty five dollars ($65.00) to eighty five dollars ($85.00). The 1997 amendment, effective June 20, 1997, in Subsection A, substituted "sixty-five dollars ($65.00)" for "thirty-five dollars ($35.00)" and made a minor stylistic change. The 1991 amendment, effective October 1, 1991, designated a formerly undesignated provision as Subsection A; added Subsection B; and made minor stylistic changes in the introductory paragraph. The 1988 amendment, effective July 1, 1988, substituted "Section 66-8-102 NMSA 1978" for "Section 66-8-110 NMSA 1978" near the beginning of the section, inserted provisions following the two section references, regarding violation of a municipal ordinance prohibiting driving while under the influence of intoxicating liquor or drugs, inserted "by the court" near the end and substituted "thirty-five dollars ($35.00)" for "twenty-five dollars ($25.00)" also near the end.
NM Stat § 31-12-8 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 12 - Fines, Fees and Costs|Section 31-12-8 - Controlled substances; fee upon conviction; municipal ordinance requirement.

A. A person convicted of a violation of the provisions of the Controlled Substances Act [30-31-1 NMSA 1978] or a person convicted of distribution or possession of a controlled substance pursuant to municipal ordinance shall be assessed, in addition to any other fee or fine, a fee of seventy-five dollars ($75.00) to defray the costs of chemical and other analyses of controlled substances. B. Every municipality which has enacted an ordinance making possession or distribution of a controlled substance unlawful shall enact an ordinance to require assessment of the fee pursuant to Subsection A of this section and to provide for transmittal of the money collected to the administrative office of the courts pursuant to Section 31-12-9 NMSA 1978, notwithstanding the provisions of Section 35-14-7 NMSA 1978. All fees collected under this section shall be subject to an audit by the state auditor. History: Laws 1981, ch. 367, § 2; 1984, ch. 82, § 1; 1988, ch. 14, § 5. ANNOTATIONSThe 1988 amendment, effective July 1, 1988, deleted "misdemeanor or a petty misdemeanor for a" preceding "violation" and substituted "seventy-five dollars ($75.00)" for "twenty-five dollars ($25.00)" in Subsection A. The 1984 amendment added "municipal ordinance requirement" in the catchline, designated the previously undesignated provisions of the section as Subsection A, inserting "or a person convicted of distribution or possession of a controlled substance pursuant to municipal ordinance" therein, and added Subsection B. Conditional discharge dismissal not "conviction". A dismissal under the conditional discharge statute, Section 30-31-28 NMSA 1978, is not a "conviction" as contemplated by this section, or for any other purpose. State v. Fairbanks, 2004-NMCA-005, 134 N.M. 783, 82 P.3d 954. Crime lab fee cannot be imposed under conditional discharge. Although the crime lab fee would be authorized if the defendant had entered his guilty plea and received a deferred or suspended probated sentence or if he violated the terms of his probation under the conditional discharge, because he successfully completed his probation and charges were dismissed, the district court did not have authority to impose the fee. State v. Fairbanks, 2004-NMCA-005, 134 N.M. 783, 82 P.3d 954.
NM Stat § 31-12-9 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 12 - Fines, Fees and Costs|Section 31-12-9 - Crime laboratory fund created; appropriation.

There is created in the state treasury the "crime laboratory fund". All fees collected pursuant to the provisions of Sections 31-12-7 and 31-12-8 NMSA 1978 shall be transmitted monthly to the administrative office of the courts for credit to the crime laboratory fund. All balances in the crime laboratory fund of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978 are appropriated to the administrative office of the courts for payment upon invoice to the scientific laboratory division of the health and environment department [department of health], the New Mexico state police crime laboratory division and the Albuquerque police crime laboratory for costs related to chemical and other tests and analyses described in those sections and incurred by these laboratories and local law enforcement agencies. Payments out of the crime laboratory fund of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978 shall be made on vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the department of finance and administration. All balances in the crime laboratory fund of fees collected pursuant to the provisions of Subsection B of Section 31-12-7 NMSA 1978 are appropriated to the traffic safety bureau of the transportation program division of the state highway and transportation department to provide funds to approved comprehensive community programs for the prevention of driving while under the influence of alcohol or drugs and for other traffic safety purposes. Payment out of the crime laboratory fund of fees collected pursuant to the provisions of Subsection B of Section 31-12-7 NMSA 1978 shall be made on vouchers issued and signed by the chief of the traffic safety bureau upon warrants drawn by the department of finance and administration. History: Laws 1981, ch. 367, § 3; 1989, ch. 324, § 22; 1991, ch. 245, § 2. ANNOTATIONSBracketed material. — The bracketed reference to the department of health was inserted by the compiler, as Laws 1991, ch. 25, § 16 repeals former 9-7-4 NMSA 1978, relating to the health and environment department, and enacted a new 9-7-4 NMSA 1978, creating the department of health. The bracketed material is not part of the law. The 1991 amendment, effective October 1, 1991, inserted "monthly" in the second sentence; inserted "of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978" in the third and fourth sentences; and added the final two sentences. The 1989 amendment, effective April 7, 1989, substituted "Sections 31-12-7 and 31-12-8 NMSA 1978" for "Sections 1 and 2 of this act" in the second sentence, and "described in those sections" for "described in Sections 1 and 2 of this act" in the third sentence, and deleted the former last sentence which read "Any interest earned on the fund shall be credited to it".
NM Stat § 31-12-10 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 12 - Fines, Fees and Costs|Section 31-12-10 - Repealed.

ANNOTATIONSRepeals. — Laws 1990, ch. 104, § 3 repealed 31-12-10 NMSA 1978, as amended by Laws, 1990, ch. 104, § 1, relating to DWI fund, effective July 1, 1991. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com.
NM Stat § 31-12-11 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 12 - Fines, Fees and Costs|Section 31-12-11 - Court fees; deposit in the domestic violence offender treatment or intervention fund.

A. In addition to any other fees collected in the district court, metropolitan court and magistrate court, those courts shall assess and collect from a person convicted of a penalty assessment misdemeanor, traffic violation, petty misdemeanor, misdemeanor or felony offense a "domestic violence offender treatment fee" of five dollars ($5.00). B. Domestic violence offender treatment fees shall be deposited in the domestic violence offender treatment or intervention fund. History: Laws 2003, ch. 387, § 1; 2008, ch. 7, § 1. ANNOTATIONSThe 2008 amendment, effective July 1, 2008, changed the name of the domestic violence offender treatment fund to the domestic violence offender treatment or intervention fund.
NM Stat § 31-12-13 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 12 - Fines, Fees and Costs|Section 31-12-13 - Crime victims reparation fee.

A. In addition to any other fees or penalties collected in a district court, metropolitan court and magistrate court, those courts shall assess and collect from a person convicted of a misdemeanor or felony offense a mandatory crime victims reparation fee. The fee shall be levied at the time of sentencing in addition to any sentence required or permitted by law, in accordance with the following schedule: (1) a person convicted of a felony shall pay a crime victims reparation fee of seventy-five dollars ($75.00); and (2) a person convicted of a misdemeanor shall pay a crime victims reparation fee of fifty dollars ($50.00). B. Crime victim reparation fees shall be deposited in the crime victims reparation fund. History: Laws 2015, ch. 10, § 3. ANNOTATIONSEffective dates. — Laws 2015, ch. 10, § 4 made Laws 2015, ch. 10, § 3 effective July 1, 2015.
NM Stat § 31-14-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 14 - Execution of Death Sentence (Repealed.)|Section 31-14-1 - Repealed.

History: 1978 Comp., § 31-14-12, enacted by Laws 1979, ch. 150, § 9; 1978 Comp., § 31-14-12, repealed by Laws 2009, ch. 11, § 5.ANNOTATIONSRepeals. — Laws 2009, ch. 11, § 5 repealed 31-14-1 NMSA 1978, as enacted by Laws 1929, ch. 69, § 1, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 31-14-2 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 14 - Execution of Death Sentence (Repealed.)|Section 31-14-2 - Repealed.

History: Laws 1929, ch. 69, § 2; C.S. 1929, § 35-322; 1941 Comp., § 42-1402; 1953 Comp., § 41-14-2; 1978 Comp., § 31-14-2, repealed by Laws 2009, ch. 11, § 5.ANNOTATIONSRepeals. — Laws 2009, ch. 11, § 5 repealed 31-14-2 NMSA 1978, as enacted by Laws 1929, ch. 69, § 2, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 31-14-3 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 14 - Execution of Death Sentence (Repealed.)|Section 31-14-3 - Repealed.

History: Laws 1929, ch. 69, § 3; C.S. 1929, § 35-323; 1941 Comp., § 42-1403; 1953 Comp., § 41-14-3; 1978 Comp., § 31-14-3, repealed by Laws 2009, ch. 11, § 5.ANNOTATIONSRepeals. — Laws 2009, ch. 11, § 5 repealed 31-14-3 NMSA 1978, as enacted by Laws 1929, ch. 69, § 3, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.