reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-16 - Bail; in what cases; conditions of bond.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.
History:
Laws 1937, ch. 65, § 16; 1941 Comp., § 42-1916; 1953 Comp., § 41-19-16.
ANNOTATIONS
Prisoner is not entitled to bail after governor's extradition warrant has been served.
State ex rel. Schiff v. Brennan
, 1983-NMSC-042, 99 N.M. 641, 662 P.2d 642.
No bail for parole violators under interstate compact.
— The extradition statutes, this section and Section 31-4-15 NMSA 1978, provide for bail in certain instances. These provisions for bail, however, would not apply in the case where the parole board is investigating a parolee being held in jail for parole violation under the terms of the interstate compact. 1957 Op. Att'y Gen. No. 57-33.
But otherwise for parolees not under compact.
— It may be that an out-of-state parolee not under the parole board's supervision under the terms of the interstate compact may be entitled to bail under the extradition provisions. 1957 Op. Att'y Gen. No. 57-33.
When right to bail governed by laws of sister state.
— New Mexico Const., art. II, § 13, affords the right to bail to all persons charged with or convicted of crime under the laws of the state of New Mexico. A fugitive from justice is charged with or convicted of crime under the laws of a sister state; therefore, it is the constitution and laws of that state which should dictate whether the right to bail exists and in what form. 1974 Op. Att'y Gen. No. 74-38.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition § 63, 66, 121.
Bond to indemnify public against expense of extradition or other criminal proceedings in event they are unsuccessful as contrary to public policy, 94 A.L.R. 355.
Right of extraditee to bail after issuance of governor's warrant and pending final disposition of habeas corpus claim, 13 A.L.R.5th 118.
35 C.J.S. Extradition § 18.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-17 - Extension of time of commitment, adjournment.

If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or magistrate judge may again take bail for his appearance and surrender, as provided in Section 16 [31-4-16 NMSA 1978], but within a period not to exceed sixty days after the date of such new bond.
History:
Laws 1937, ch. 65, § 17; 1941 Comp., § 42-1917; 1953 Comp., § 41-19-17.
ANNOTATIONS
Constitutional basis for extradition not contingent upon right to speedy trial.
— United States Const., art. IV, § 2, the basis for extradition, by its terms, is not made contingent upon a sixth amendment right to a speedy trial.
State v. Sandoval
, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279.
Concepts of res judicata, double jeopardy and estoppel do not apply
to extradition proceedings and are not within the purview of inquiry in an extradition proceeding.
State v. Sandoval
, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-18 - Forfeiture of bail.

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
History:
Laws 1937, ch. 65, § 18; 1941 Comp., § 42-1918; 1953 Comp., § 41-19-18.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-19 - Persons under criminal prosecution in this state at time of requisition.

If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor, in his discretion, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.
History:
Laws 1937, ch. 65, § 19; 1941 Comp., § 42-1919; 1953 Comp., § 41-19-19.
ANNOTATIONS
Cross references.
— For obtaining a person detained in another state, under prosecution or conviction,
see
31-4-5 NMSA 1978.
For nonwaiver by New Mexico,
see
31-4-23 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 C.J.S. Extradition § 15.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-20 - Guilt or innocence of accused, when inquired into.

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
History:
Laws 1937, ch. 65, § 20; 1941 Comp., § 42-1920; 1953 Comp., § 41-19-20.
ANNOTATIONS
Defendant's guilt or innocence reserved for courts of demanding state.
— Questions relating to the guilt or innocence of the defendant for the crime charged in the demanding state, logically, are reserved for the courts of the demanding state and may not be inquired into by the courts of the asylum state except for the identity of the person held as being the person charged with the crime.
State v. Sandoval
, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279.
Asylum state may not adjudicate defendant's right to speedy trial.
— An asylum state, in extradition proceedings, is without authority to adjudicate the defendant's right to a speedy trial in the demanding state upon charges lodged against him there.
State v. Sandoval
, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279.
Concepts of res judicata, double jeopardy and estoppel do not apply
to extradition proceedings and are not within the purview of inquiry in an extradition proceeding.
State v. Sandoval
, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition §§ 127 to 143.
Necessity and sufficiency of identification of accused as the person charged, to warrant extradition, 93 A.L.R.2d 912.
Necessity that demanding state show probable cause to arrest fugitive in extradition proceedings, 90 A.L.R.3d 1074.
Modern status of rule relating to jurisidictional of state court to try criminal defendant brought within jurisdiction illegally or as result of fraud or mistake, 25 A.L.R.4th 157.
35 C.J.S. Extradition § 29.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-21 - Governor may recall warrant or issue alias.

The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
History:
Laws 1937, ch. 65, § 21; 1941 Comp., § 42-1921; 1953 Comp., § 41-19-21.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition § 122.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-22 - Written waiver of extradition proceedings.

Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in Sections 31-4-7 and 31-4-8 NMSA 1978 and all other procedure incidental to extradition proceedings by executing or subscribing in the presence of a magistrate or a judge of a magistrate court or of any court of record within this state a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in Section 31-4-10 NMSA 1978.
If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided, however, that nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.
History:
Laws 1937, ch. 65, § 25a; 1941 Comp., § 42-1922; 1953 Comp., § 41-19-22; 1981, ch. 258, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition § 54, 55, 57.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-23 - Nonwaiver by this state.

Nothing in this act [31-4-1 to 31-4-30 NMSA 1978] contained shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this act which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.
History:
Laws 1937, ch. 65, § 25b; 1941 Comp., § 42-1923; 1953 Comp., § 41-19-23.
ANNOTATIONS
Cross references.
— For criminal prosecution pending in this state,
see
31-4-19 NMSA 1978.
Prosecution continues upon defendant's return.
— Jurisdiction to prosecute on forgery charge was not waived when defendant, prior to trial for the charge, was extradited under this section and subsequently returned to the state.
State v. Blankenship
, 1968-NMCA-026, 79 N.M. 178, 441 P.2d 218.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-24 - Fugitives from this state; duty of governors.

Whenever the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.
History:
Laws 1937, ch. 65, § 22; 1941 Comp., § 42-1924; 1953 Comp., § 41-19-24.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition §§ 95 to 103, 114 to 122.
35 C.J.S. Extradition §§ 35, 36.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-25 - Application for issuance of requisition; by whom made; contents.

A. When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein, at the time the application is made and certifying that, in the opinion of the said prosecuting attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
B. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution or sheriff of the county, from which escape was made, shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.
C. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the secretary of state to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
History:
Laws 1937, ch. 65, § 23; 1941 Comp., § 42-1925; 1953 Comp., § 41-19-25.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-26 - Costs and expenses.

When the punishment of the crime shall be the confinement of the criminal in the penitentiary, the expenses shall be paid out of the state treasury, on the certificate of the governor and warrant of the auditor; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed.
History:
Laws 1937, ch. 65, § 24; 1941 Comp., § 42-1926; 1953 Comp., § 41-19-26.
ANNOTATIONS
Includes extradition of juveniles.
— The costs of extraditing a juvenile from another state who stands charged in New Mexico with the commission of a crime, are governed by this section. 1973 Op. Att'y Gen. No. 73-14 (rendered under prior law, now
see
Section 32A-10-1 NMSA 1978).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 C.J.S. Extradition § 20.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Due 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.
2023 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.
2023 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.
2023 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.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 5 - Interstate Compacts › Section 31-5-1 to 31-5-3 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
The 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."
2023 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.
2023 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.
ANNOTATIONS
Cross references.
— For state board of probation and parole referring to corrections division of the criminal justice department,
see
33-1-7 NMSA 1978.
2023 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.
2023 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.
ANNOTATIONS
Severability.
— Laws 1959, ch. 112, § 7, provided for the severability of the act if any part or application thereof is held invalid.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Cross references.
— For reorganization of the corrections department,
see
9-3-3 NMSA 1978 and notes thereto.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Misuse 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.
2023 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.
ANNOTATIONS
Subsequent 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).
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Permissibility of testimony by telephone in state trial, 85 A.L.R.4th 476.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 10 - Commission of Crimes by Indians (Repealed.) › Section 31-10-1 to 31-10-3 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.