reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-8 - Procedures for providing victims with preliminary information; law enforcement agencies.

The law enforcement agency that investigates a criminal offense shall:
A. inform the victim of medical services and crisis intervention services available to victims;
B. provide the victim with the police report number for the criminal offense and a copy of the following statement: "If within thirty days you are not notified of an arrest in your case, you may call (telephone number for the law enforcement agency) to obtain information on the status of your case."; and
C. provide the victim with the name of the district attorney for the judicial district in which the criminal offense was committed and the address and telephone number for that district attorney's office.
History:
Laws 1994, ch. 144, § 8.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-9 - Procedures for providing victims with notice of rights and information regarding prosecution of a criminal offense; district attorneys.

A. Within seven working days after a district attorney files a formal charge against the accused for a criminal offense, the district attorney shall provide the victim of the criminal offense with:
(1) a copy of Article 2, Section 24 of the constitution of New Mexico, regarding victims' rights;
(2) a copy of the Victims of Crime Act;
(3) a copy of the charge filed against the accused for the criminal offense;
(4) a clear and concise statement of the procedural steps generally involved in prosecuting a criminal offense; and
(5) the name of a person within the district attorney's office whom the victim may contact for additional information regarding prosecution of the criminal offense.
B. The district attorney's office shall provide the victim with oral or written notice, in a timely fashion, of a scheduled court proceeding attendant to the criminal offense.
History:
Laws 1994, ch. 144, § 9; 2005, ch. 283, § 3.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed the former reference to the legislation that implements the provisions of art. 11, § 24 of the N.M. Const. to the Victims of Crime Act in Subsection A(2) and deleted the phrase "if requested by the victim" in Subsection B.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-10 - Procedures for providing victims with notice of a court proceeding; courts; district attorneys.

A court shall provide a district attorney's office with oral or written notice no later than seven working days prior to a scheduled court proceeding attendant to a criminal offense, unless a shorter notice period is reasonable under the circumstances. The district attorney's office shall convey the information concerning the scheduled court proceeding to the victim, as provided in Subsection B of Section 9 [31-26-9 NMSA 1978] of the Victims of Crime Act.
History:
Laws 1994, ch. 144, § 10.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-10.1 - Crime victim presence at court proceedings; plea agreement notification.

A. At any scheduled court proceeding, the court shall inquire on the record whether a victim is present for the purpose of making an oral statement or submitting a written statement respecting the victim's rights enumerated in Section 31-26-4 NMSA 1978. If the victim is not present, the court shall inquire on the record whether an attempt has been made to notify the victim of the proceeding. If the district attorney cannot verify that an attempt has been made, the court shall:
(1) reschedule the hearing; or
(2) continue with the hearing but reserve ruling until the victim has been notified and given an opportunity to make a statement; and
(3) order the district attorney to notify the victim of the rescheduled hearing.
B. The provisions of this section shall not limit the district attorney's ability to exercise prosecutorial discretion on behalf of the state in a criminal case.
C. The provisions of this section shall not require the court to continue or reschedule any proceedings if it would result in a violation of a jurisdictional rule.
History:
Laws 2005, ch. 283, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 283 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-11 - Procedures when an inmate or delinquent child escapes; corrections department; children, youth and families department.

A. The corrections department or the children, youth and families department shall immediately notify the sentencing judge or the children's court judge, the district attorney of the judicial district from which the inmate or delinquent child was committed and the probation officer who authored the presentence report when an inmate or delinquent child:
(1) escapes from a correctional facility or juvenile justice facility under the jurisdiction of the corrections department or the children, youth and families department; or
(2) convicted in New Mexico of a capital, first degree or second degree felony and transferred to a facility under the jurisdiction of another state escapes from that facility.
B. The district attorney shall immediately notify any person known to reside in his district who was a victim of the criminal or delinquent offense for which the inmate or delinquent child was committed.
History:
Laws 1994, ch. 144, § 11; 1999, ch. 103, § 1.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, inserted "or delinquent child" and "children, youth and families department" in the catchline and throughout the section; in Subsection A inserted "or the children's court judge" in the introductory language and "or juvenile justice facility" in Paragraph (1); and inserted "or delinquent" preceding "offense" in Subsection B.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-13 - Disclaimer.

Nothing in the Victims of Crime Act creates a cause of action on behalf of a person against a public employer, public employee, public agency, the state or any agency responsible for the enforcement of rights or provision of services set forth in that act.
History:
Laws 1994, ch. 144, § 13.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-15 - Identity theft passport; database.

A. The attorney general, in cooperation with the department of public safety and the motor vehicle division of the taxation and revenue department, shall issue an identity theft passport to a person who claims to be a victim of identity theft pursuant to Section 30-16-24.1 NMSA 1978 and who provides to the attorney general:
(1) a certified copy of a court order obtained pursuant to Section 5 [31-26-16 NMSA 1978] of this 2009 act or a full set of fingerprints;
(2) a driver's license or other government-issued identification or record; and
(3) other information as required by the attorney general.
B. An identity theft passport shall contain a picture of the person to whom it was issued and other information as the attorney general deems appropriate.
C. The attorney general may enter into a memorandum of understanding with the motor vehicle division of the taxation and revenue department for the development and issuance of a secure form of identity theft passport. When an identity theft passport is issued, the motor vehicle division shall note on the person's driver record that an identity theft passport has been issued.
D. An identify [identity] theft passport shall be accepted as evidence of identity by law enforcement officers and others who may challenge the person's identity.
E. The attorney general shall maintain a database of identity theft victims who have reported to a law enforcement agency or have been issued an identity theft passport. The attorney general may provide access to the database only to criminal justice agencies. For purposes of identification and authentication, the attorney general may allow access to specific information about a person who has become a victim of identity theft to that person or to that person's authorized representative.
F. The attorney general shall keep on file each application for an identity theft passport and each police report of identity theft submitted by a law enforcement agency.
G. The attorney general shall prepare and make available to local law enforcement agencies and to the general public an information packet that includes information on how to prevent and stop identity theft.
History:
Laws 2009, ch. 95, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed word "identity" in Subsection D was inserted by the compiler to correct a typographical error and is not part of the law.
Effective dates.
— Laws 2009, ch. 95, § 6 made Laws 2009, ch. 95, § 4 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 26 - Victims of Crime › Section 31-26-16 - Repealed.

History:
Laws 2009, ch. 95, § 5; repealed by Laws 2019, ch. 203, § 8.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 203, § 8 repealed 31-26-16 NMSA 1978, as enacted by Laws 2009, ch. 95, § 5, relating to expungement from police and court records, effective January 1, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 27 - Forfeiture › Section 31-27-1 - Short title.

Chapter 31, Article 27 NMSA 1978 may be cited as the "Forfeiture Act".
History:
Laws 2002, ch. 4, § 1; 2015, ch. 152, § 1.
ANNOTATIONS
Cross references.
— For forfeitures for violations of hunting and fishing regulations,
see
17-2-20.1 NMSA 1978.
For forfeitures under the Cultural Properties Act,
see
18-6-9.3 NMSA 1978.
For forfeitures for offenses of shooting at or from motor vehicles,
see
30-3-8.1 NMSA 1978.
For forfeitures for offense of unlawful possession of a handgun,
see
30-7-2.3 NMSA 1978.
For forfeitures under the Unauthorized Recording Act,
see
30-16B-9 NMSA 1978.
For forfeitures under the Controlled Substances Act,
see
30-31-35 NMSA 1978.
For forfeitures under the Imitation Controlled Substances Act,
see
30-31A-10 NMSA 1978.
For forfeitures under the Racketeering Act,
see
30-42-4 NMSA 1978.
For forfeitures under the Computer Crimes Act,
see
30-45-7 NMSA 1978.
For forfeitures for crimes related to the unlawful sale of alcoholic beverages,
see
60-7A-4.1 NMSA 1978.
For forfeitures under the Liquor Control Act,
see
60-7A-5 NMSA 1978.
For forfeitures for crimes related to unlawful manufacture or transportation of alcoholic beverages,
see
60-7A-6 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, changed the statutory reference of the Forfeiture Act from "Sections 1 through 8 of this act" to "Chapter 31, Article 27 NMSA 1978".
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 27 - Forfeiture › Section 31-27-8 - Safekeeping of seized property pending disposition.

With regard to seized property in the state courts:
A. seized currency alleged to be subject to forfeiture shall be deposited with the clerk of the district court in an interest-bearing account;
B. seized property other than currency or real property, not required by federal or state law to be destroyed, shall be placed under seal at a place designated by the district court;
C. seized property shall be kept by the custodian in a manner to protect it from theft or damage and, if ordered by the district court, insured against those risks; and
D. unless it is returned to an owner, a law enforcement agency shall dispose of forfeited or abandoned property as provided in Section 31-27-7 NMSA 1978.
History:
Laws 2002, ch. 4, § 8; 2015, ch. 152, § 10; 2019, ch. 133, § 9.
ANNOTATIONS
The 2019 amendment,
effective April 2, 2019, revised the procedures related to storage, transfer and destruction of seized property; in the section heading, after "disposition", deleted "selling or retaining seized property prohibited"; after the section heading, added "With regard to seized property in the state courts:"; in Subsection B, deleted paragraph designations "(1)" and "(2)", after "placed under seal", deleted "and removed to" and added "at", and deleted Paragraph B(3); and in Subsection D, after the subsection designation, added "unless it is returned to an owner", after "law enforcement agency shall", deleted "not return" and added "dispose of", and after "abandoned property", added "as provided in Section 31-27-7 NMSA 1978".
Applicability.
— Laws 2019, ch. 133, § 13 provided that the provisions of the Forfeiture Act apply to seized and abandoned property in the possession of a law enforcement agency or the state treasurer on and after April 2, 2019.
Temporary provisions.
— Laws 2019, ch. 133, § 11 provided that the New Mexico supreme court shall issue procedural court rules to implement the provisions of this act.
Laws 2019, ch. 133, § 12 provided that abandoned property in the possession of a law enforcement agency or the state treasurer on April 2, 2019 shall be disposed of pursuant to Section 29-1-14 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, prohibited a law enforcement agency from retaining forfeited or abandoned property; in the catchline, added "selling or retaining seized property prohibited"; in Subsection C, added "Seized"; and added Subsection D.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 27 - Forfeiture › Section 31-27-9 - Reporting.

A. Within sixty days following the conclusion of each fiscal year, every law enforcement agency shall prepare on a form approved by the department of public safety an annual report of the agency's seizures and forfeitures conducted pursuant to applicable state law, and seizures and forfeitures conducted pursuant to federal forfeiture law, and the report shall include:
(1) the total number of seizures of currency and the total amount of currency seized in each seizure;
(2) the total number of seizures of property and the number and types of items seized in each seizure;
(3) the market value of each item of property seized;
(4) the total number of occurrences of each class of crime that resulted in the agency's seizure of property;
(5) the costs incurred by the agency for storage, maintenance and transportation of seized property; and
(6) any proceeds received through equitable sharing, along with the federal case number and the final disposition of the case.
B. A law enforcement agency shall submit its annual reports to the department of public safety and to the district attorney's office in the agency's district. An agency that did not engage in seizure or forfeiture pursuant to the Forfeiture Act or local, state or federal forfeiture law shall report that fact in its annual report.
C. The department of public safety shall compile the reports submitted by each law enforcement agency and issue an aggregate report of all forfeitures in the state.
D. By November 1 of each year, the department of public safety shall publish on its website the department's aggregate report and individual law enforcement agency reports submitted for the previous fiscal year.
History:
Laws 2015, ch. 152, § 11; 2019, ch. 133, § 10.
ANNOTATIONS
The 2019 amendment,
effective April 2, 2019, revised the reporting requirements related to an agency's seizures and forfeitures conducted pursuant to state law; in Subsection A, in the introductory clause, after the subsection designation, added "Within sixty days following the conclusion of each fiscal year", after "shall prepare", added "on a form approved by the department of public safety", and after "pursuant to", deleted "the Forfeiture Act" and added "applicable state law", and added new Paragraphs A(5) and A(6); in Subsection B, after "Forfeiture Act", added "or local, state"; and in Subsection D, after "By", deleted "April" and added "November", and after "submitted for the previous", added "fiscal".
Applicability.
— Laws 2019, ch. 133, § 13 provided that the provisions of the Forfeiture Act apply to seized and abandoned property in the possession of a law enforcement agency or the state treasurer on and after April 2, 2019.
Temporary provisions.
— Laws 2019, ch. 133, § 11 provided that the New Mexico supreme court shall issue procedural court rules to implement the provisions of this act.
Laws 2019, ch. 133, § 12 provided that abandoned property in the possession of a law enforcement agency or the state treasurer on April 2, 2019 shall be disposed of pursuant to Section 29-1-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 27 - Forfeiture › Section 31-27-10 - Return of property; damages; costs.

A. A law enforcement agency that holds seized property shall return the seized property to the owner of the property within a reasonable period of time that does not exceed five days after:
(1) a court finds that a person had a bona fide security interest in the property;
(2) a court finds that the owner was an innocent owner;
(3) the acquittal of or dismissal of related criminal charges against the owner of the property; or
(4) the disposal of the criminal charge that was the basis of the forfeiture proceedings by nolle prosequi.
B. A law enforcement agency that holds seized property is responsible for any damages, storage fees and related costs applicable to property that is returned to an owner pursuant to this section.
History:
Laws 2015, ch. 152, § 12.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 152, § 21 made Laws 2015, ch. 152, § 12 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 27 - Forfeiture › Section 31-27-11 - Transfer of forfeitable property to the federal government.

A. A law enforcement agency shall not directly or indirectly transfer seized property to a federal law enforcement authority or other federal agency unless:
(1) the value of the seized property exceeds fifty thousand dollars ($50,000), excluding the potential value of the sale of contraband; and
(2) the law enforcement agency determines that the criminal conduct that gave rise to the seizure is interstate in nature and sufficiently complex to justify the transfer of the property; or
(3) the seized property may only be forfeited under federal law.
B. The law enforcement agency shall not transfer property to the federal government if the transfer would circumvent the protections of the Forfeiture Act that would otherwise be available to a putative interest holder in the property.
History:
Laws 2015, ch. 152, § 13.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 152, § 21 made Laws 2015, ch. 152, § 13 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 28 - Crime Reduction Grant › Section 31-28-1 - Short title.

Chapter 31, Article 28 NMSA 1978 may be cited as the "Crime Reduction Grant Act".
History:
Laws 2019, ch. 192, § 5; 2022, ch. 56, § 31.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, changed "Section 5 through 10 of this act" to "Chapter 31, Article 28 NMSA 1978".
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 28 - Crime Reduction Grant › Section 31-28-2 - Definition.

As used in the Crime Reduction Grant Act, "commission" means the New Mexico sentencing commission.
History:
Laws 2019, ch. 192, § 6; 2023, ch. 60, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, removed the definition of "grant administrative agency" from the Crime Reduction Grant Act; and deleted former Subsection B.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 28 - Crime Reduction Grant › Section 31-28-5 - Rules.

The commission shall promulgate uniform procedural rules necessary to administer the provisions of the Crime Reduction Grant Act.
History:
Laws 2019, ch. 192, § 9; 2023, ch. 60, § 4.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, removed references to "grant administration agencies"; after "commission", deleted "in consultation with each grant administration agency", and deleted "Each grant administration agency shall adopt the uniform procedures along with other grant award criteria unique to the grant administration agency.".
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 28 - Crime Reduction Grant › Section 31-28-6 - Reports.

The commission shall report to the legislature annually by November 1 of each year regarding the:
A. applications for grants made during the previous fiscal year by each criminal justice coordinating council;
B. purpose and amount of each grant approved by the commission for each member for the previous fiscal year; and
C. processes, outputs and outcomes resulting from the use of the grant.
History:
Laws 2019, ch. 192, § 10; 2023, ch. 60, § 5.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised reporting procedures related to crime reduction grants; redesignated former Paragraphs A(1) through A(3) as Subsections A through C, respectively; in the introductory clause, deleted "Each grant administration agency" and added "The commission", and after "shall report to the", deleted "commission" and added "legislature"; in Subsection B, after "approved by the", deleted "grant administration agency" and added "commission"; and deleted former Subsection B, which related to certain data sharing reporting requirements.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 28 - Crime Reduction Grant › Section 31-28-7 - Crime reduction grant fund created; purpose.

The "crime reduction grant fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The commission shall administer the fund, and money in the fund is subject to appropriation to the commission to administer the provisions of the Crime Reduction Grant Act and award crime reduction grants to members of criminal justice coordinating councils to spur local innovation in criminal justice reform, pursuant to the Crime Reduction Grant Act. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the chair of the commission or the chair's authorized representative. The commission may expend no more than three percent of the balance of the fund each fiscal year for administering the Crime Reduction Grant Act. No money in the fund may be expended in any way except as provided by the Crime Reduction Grant Act.
History:
Laws 2023, ch. 60, § 6.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 60 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-1 - Short title.

This act [31-29-1 to 31-29-16 NMSA 1978] may be cited as the "Uniform Collateral Consequences of Conviction Act".
History:
Laws 2021, ch. 58, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 1 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-2 - Definitions.

As used in the Uniform Collateral Consequences of Conviction Act:
A. "collateral consequence" means a collateral sanction or a disqualification;
B. "collateral sanction" means a penalty, disability or disadvantage, however denominated, imposed on an individual as a result of the individual's conviction of an offense that applies by operation of law, whether or not the penalty, disability or disadvantage is included in the judgment or sentence. "Collateral sanction" does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment or costs of prosecution;
C. "convicted" and "conviction" include an adjudication as a youthful offender or serious youthful offender that results in an adult sentence;
D. "decision-maker" means the state acting through the following entities or their employees:
(1) a department;
(2) an agency;
(3) an officer; or
(4) an instrumentality, including a political subdivision, an educational institution, a board or a commission or a government contractor, including a subcontractor, made subject to the Uniform Collateral Consequences of Conviction Act by contract, by law other than the Uniform Collateral Consequences of Conviction Act or by ordinance;
E. "disqualification" means a penalty, disability or disadvantage, however denominated, that an administrative agency, governmental official or court in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individual's conviction of an offense;
F. "identification agency" means the New Mexico sentencing commission, acting in conjunction with the district attorneys of New Mexico and the attorney general;
G. "offense" means a felony pursuant to the law of New Mexico, another state or the United States;
H. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity; and
I. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
History:
Laws 2021, ch. 58, § 2.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 2 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-3 - Limitation on scope.

A. The Uniform Collateral Consequences of Conviction Act does not provide a basis for:
(1) invalidating a plea, conviction or sentence;
(2) a cause of action for money damages; or
(3) a claim for relief from or defense to the application of a collateral consequence based on a failure to comply with the Uniform Collateral Consequences of Conviction Act.
B. The Uniform Collateral Consequences of Conviction Act does not affect:
(1) the duty an individual's attorney owes to the individual, except as provided in Section 5 [31-29-5 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act;
(2) a claim or right of a victim of an offense; or
(3) a right or remedy pursuant to law other than the Uniform Collateral Consequences of Conviction Act available to an individual convicted of an offense.
History:
Laws 2021, ch. 58, § 3.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 3 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-5 - Notice of collateral consequences in pretrial proceeding and at guilty plea.

A. Except as provided in Subsection C of this section, counsel representing an individual charged with an offense shall cause written notice substantially similar to the following to be communicated to the individual:
"NOTICE OF ADDITIONAL LEGAL CONSEQUENCES
If you plead guilty or no contest to an offense, or are convicted of an offense, you may suffer additional legal consequences beyond jail or prison, probation, periods of parole and fines. These consequences may include:
1. being unable to get or keep some licenses, permits or jobs;
2. being unable to get or keep benefits such as public housing or education;
3. receiving a harsher sentence if you are convicted of another offense in the future;
4. having the government take your property; and
5. being unable to vote or possess a firearm.
If you are not a United States citizen, a guilty plea or no contest plea or conviction may also result in your deportation, removal or exclusion from admission to the United States or denial of citizenship.
The law may provide ways to obtain some relief from these consequences.
Further information about the consequences of conviction is available on the internet at [
insert internet address of the collection of laws published pursuant to Subsections C and D of Section 4 [31-29-4 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act
].".
B. Before a court accepts a plea of guilty or no contest from an individual, the court shall confirm that the individual received and understands the notice required by Subsection A of this section and has had an opportunity to discuss the notice with counsel.
C. The notice required pursuant to Subsection A of this section need not be given until six months have elapsed after the collection of laws required pursuant to Section 4 of the Uniform Collateral Consequences of Conviction Act is first available on the internet pursuant to Subsections C and D of Section 4 of that act.
D. This section does not limit the duty that an individual's counsel otherwise owes to the individual.
History:
Laws 2021, ch. 58, § 5.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 5 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-6 - Notice of collateral consequences at sentencing and upon release.

A. An individual convicted of an offense shall be given notice as provided in Subsections B and C of this section:
(1) that collateral consequences may apply because of the conviction;
(2) of the internet address of the collection of laws published pursuant to Subsections C and D of Section 4 [31-29-4 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act;
(3) that there may be ways to obtain relief from collateral consequences;
(4) of contact information for government or nonprofit agencies, groups or organizations, if any, offering assistance to individuals seeking relief from collateral consequences; and
(5) of when an individual convicted of an offense may vote pursuant to New Mexico law.
B. Except as provided in Subsection D of this section, the court shall provide the notice set forth in Subsection A of this section as a part of sentencing.
C. Except as provided in Subsection D of this section, if an individual is sentenced to imprisonment or other incarceration, the officer or agency releasing the individual shall provide the notice set forth in Subsection A of this section not more than thirty and, if practicable, at least five days before release.
D. The notice required pursuant to Subsection A of this section need not be given until six months have elapsed after the collection of laws required pursuant to Section 4 of the Uniform Collateral Consequences of Conviction Act is first available on the internet pursuant to Subsections C and D of Section 4 of that act.
History:
Laws 2021, ch. 58, § 6.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 6 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-7 - Authorization required for sanction; ambiguity.

A. A collateral sanction may be imposed only by statute or ordinance or by a rule authorized by law and adopted in accordance with applicable law.
B. A law creating a collateral consequence that is ambiguous as to whether it imposes a collateral sanction or authorizes a disqualification shall be construed as authorizing a disqualification.
History:
Laws 2021, ch. 58, § 7.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 7 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-8 - Decision to disqualify.

In deciding whether to impose a disqualification, a decision-maker shall undertake an individualized assessment to determine whether the benefit or opportunity at issue should be denied the individual. In making that decision, the decision-maker may consider, if substantially related to the benefit or opportunity at issue, the particular facts and circumstances involved in the offense and the essential elements of the offense. A conviction itself shall not be considered except as having established the elements of the offense. The decision-maker shall also consider other relevant information, including the effect on third parties of granting the benefit or opportunity and whether the individual has been granted relief such as an order of limited relief.
History:
Laws 2021, ch. 58, § 8.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 8 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-10 - Order of limited relief.

A. An individual convicted of an offense may petition for an order of limited relief from one or more collateral sanctions related to employment, education, housing, public benefits or occupational licensing. The petition shall be presented to the sentencing court before sentencing.
B. Except as otherwise provided in Section 11 [31-29-11 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act, the court may issue an order of limited relief relieving one or more of the collateral sanctions described in Subsection A of this section only if, after reviewing the petition, the individual's criminal history, any filing by a victim pursuant to Section 14 [31-29-14 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act or a prosecutor and any other relevant evidence, the court finds the individual has established by a preponderance of the evidence that:
(1) granting the petition will materially assist the individual in obtaining or maintaining employment, education, housing, public benefits or occupational licensing;
(2) the individual has substantial need for the relief requested in order to live a law-abiding life; and
(3) granting the petition would not pose an unreasonable risk to the safety or welfare of the public or any individual.
C. An order of limited relief may be issued as a part of sentencing. The order of limited relief shall specify:
(1) the collateral sanction from which relief is granted; and
(2) any restriction imposed pursuant to Subsection A of Section 12 [31-29-12 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act.
D. An order of limited relief relieves a collateral sanction to the extent provided in the order.
E. If a collateral sanction has been relieved pursuant to this section, a decision-maker may consider the conduct underlying a conviction as provided in Section 8 [31-29-8 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act.
History:
Laws 2021, ch. 58, § 10.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 10 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-11 - Collateral sanctions not subject to order of limited relief.

An order of limited relief shall not be issued to relieve the following collateral sanctions:
A. requirements imposed by the Sex Offender Registration and Notification Act;
B. a motor vehicle license suspension, revocation, limitation or ineligibility pursuant to the Motor Vehicle Code [66-1-1 NMSA 1978], for which restoration or relief is available pursuant to law other than the Uniform Collateral Consequences of Conviction Act;
C. ineligibility for certification as a law enforcement officer pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978] or for employment as a correctional officer pursuant to the Corrections Act [33-1-1 to 33-1-9 NMSA 1978]; or
D. prohibitions imposed pursuant to Section 30-7-16 NMSA 1978 making it unlawful for felons to receive, transport or possess a firearm or destructive device while in this state.
History:
Laws 2021, ch. 58, § 11.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 11 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-12 - Issuance of order of limited relief.

A. The prosecutor shall be notified of a request for an order of limited relief. The court may issue an order of limited relief subject to restriction, condition or additional requirement.
B. The court shall order any test, report, investigation or disclosure by the individual it reasonably believes necessary to its decision to issue an order of limited relief. If there are disputed issues of material fact or law, the individual and any prosecutor notified pursuant to Subsection A of this section or another prosecutorial agency designated by a prosecutor notified pursuant to Subsection A of this section may submit evidence and be heard on those issues.
History:
Laws 2021, ch. 58, § 12.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 12 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-13 - Reliance on order as evidence of due care.

In a judicial or administrative proceeding alleging negligence or other fault, an order of limited relief may be introduced as evidence of a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or program or otherwise transacting business or engaging in activity with the individual to whom the order was issued if the person knew of the order at the time of the alleged negligence or other fault.
History:
Laws 2021, ch. 58, § 13.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 13 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-14 - Victim's rights.

A victim of an offense may participate in a proceeding for issuance of an order of limited relief in the same manner as at a sentencing proceeding pursuant to the Victims of Crime Act [Chapter 31, Article 26 NMSA 1978].
History:
Laws 2021, ch. 58, § 14.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 14 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-15 - Uniformity of application and construction.

In applying and construing the Uniform Collateral Consequences of Conviction Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2021, ch. 58, § 15.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 15 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 29 - Uniform Collateral Consequences of Conviction › Section 31-29-16 - Saving and transitional provisions.

A. Except as provided in Subsection B of this section, the Uniform Collateral Consequences of Conviction Act applies to collateral consequences whenever enacted or imposed unless the law creating the collateral consequence expressly states that the Uniform Collateral Consequences of Conviction Act does not apply.
B. The Uniform Collateral Consequences of Conviction Act does not apply to the imposition of a collateral sanction on an individual until the date that is six months after the collection of laws required pursuant to Section 4 [31-29-4 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act is first available on the internet pursuant to Subsections C and D of Section 4 of that act, but a collateral sanction validly imposed before that date may be the subject of relief pursuant to that act.
History:
Laws 2021, ch. 58, § 16.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 16 effective January 1, 2022.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 30 - Violence Intervention Program › Section 31-30-1 - Short title.

Sections 38 through 46 [31-30-1 to 31-30-9 NMSA 1978] of this act may be cited as the "Violence Intervention Program Act".
History:
Laws 2022, ch. 56, § 38.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 38 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 30 - Violence Intervention Program › Section 31-30-2 - Definitions.

As used in the Violence Intervention Program Act:
A. "commission" means the New Mexico sentencing commission;
B. "community-based service provider" means an entity that is eligible to be awarded a contract to provide services that accomplish the purposes of the Violence Intervention Program Act;
C. "department" means the department of health; and
D. "grantee" means a state agency, county, municipality or tribal government that has applied for and received funding pursuant to the Violence Intervention Program Act for the purposes of addressing gun violence and aggravated assaults in a locally focused geographic area.
History:
Laws 2022, ch. 56, § 39.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 30 - Violence Intervention Program › Section 31-30-3 - Violence intervention program fund; created; purpose.

The "violence intervention program fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The department shall administer the fund, and money in the fund is appropriated to the department to administer the provisions of the Violence Intervention Program Act and award violence intervention program grants to state agencies, counties, municipalities or tribal governments that the department finds are disproportionately impacted by violent crimes, including homicides, shootings and aggravated assaults. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of health. The department may expend no more than three percent of the balance of the fund each fiscal year for administering the Violence Intervention Program Act. No money in the fund may be expended in any way except as provided by the Violence Intervention Program Act.
History:
Laws 2022, ch. 56, § 40.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 40 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 30 - Violence Intervention Program › Section 31-30-4 - Violence intervention program requirements.

A violence intervention program shall:
A. use an evidence- or research-based public health approach to reduce gun violence and aggravated assaults;
B. use focused deterrence, problem-oriented policing and proven law enforcement strategies to reduce gun violence and aggravated assaults;
C. target a population that is at high risk for victimization or retaliation that results from gun violence or aggravated assault through engaging in the cycles of violence in the community;
D. use data-driven methods for program development; and
E. use program funding in a manner that is directly related to the reduction of gun violence and aggravated assaults.
History:
Laws 2022, ch. 56, § 41.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 41 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 30 - Violence Intervention Program › Section 31-30-5 - Grant awards.

A. On or after July 1, 2022, the department shall receive and review applications for grants from the violence intervention program fund. The department may make grants from the fund to state agencies, counties, municipalities or tribal governments that the department finds are disproportionately impacted by violent crimes, including homicides, shootings and aggravated assaults.
B. The department shall make awards of grants from the fund in accordance with the following limitations:
(1) grant awards shall be made to at least two counties, municipalities or tribal governments with a population of fifty thousand or less according to the most recent annual university of New Mexico intercensal population estimate;
(2) at least twenty percent of the total annual amount appropriated to the fund shall be awarded to counties or municipalities with a population of five hundred forty thousand or greater according to the most recent federal decennial census; and
(3) the department of health shall utilize the funds in accordance with department of finance and administration guidelines.
History:
Laws 2022, ch. 56, § 42.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 42 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 30 - Violence Intervention Program › Section 31-30-6 - Application requirements.

A. Each application for a grant from the violence intervention program fund shall include:
(1) clearly defined, measurable objectives for a proposal to improve public health and safety through evidence-based violence reduction interventions;
(2) a comprehensive violence reduction strategic plan, including consistent quality improvement and quality assurance measures, and a description of the strategies and tasks developed by a state agency, county, municipality or tribal government describing the goals of the plan, including community-based services or joint community-based services and law enforcement intervention strategies;
(3) a description of how a grant award would be used if awarded; and
(4) a list of community-based service providers in the locally focused geographic area in which the grant funds would be used, including those with an expressed commitment to participating in a violence intervention program.
B. The commission shall provide state agencies, counties, municipalities and tribal governments with data relevant to grant applications.
C. An applicant shall notify the appropriate criminal justice coordinating council established pursuant to Section 31-28-3 NMSA 1978 of its grant application.
History:
Laws 2022, ch. 56, § 43.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 43 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 30 - Violence Intervention Program › Section 31-30-7 - Conditions of grant.

A. As a condition of each grant made pursuant to the Violence Intervention Program Act, the department shall require each grantee to use at least fifty percent of its grant for the purpose of entering into contracts with one or more community-based service providers.
B. Each grantee shall report to the appropriate criminal justice coordinating council established pursuant to Section 31-28-3 NMSA 1978 regarding outcomes of the grant.
C. A grant may be awarded to a county or municipality, but shall not be awarded to both a county and a municipality falling within the county.
History:
Laws 2022, ch. 56, § 44.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 44 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.