reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 1 - Issuance of Process and Warrants › Section 31-1-5 - Procedures on arrest; reports.

A. Following arrest, any person accused of a crime is entitled to have reasonable opportunity to make three telephone calls beginning not later than twenty minutes after the time of arrival at a police station, sheriff's office or other place of detention. Nothing in this subsection limits any right to make telephone calls at any time later than twenty minutes after the time of arrival at the police station.
B. Every accused shall be brought before a court having jurisdiction to release the accused without unnecessary delay.
C. Within eighteen hours after the arrest of any person accused with having committed a misdemeanor or a felony, the arresting law enforcement agency shall notify the district attorney of:
(1) the name of the accused; and
(2) the offense charged.
History:
1953 Comp., § 41-1-5, enacted by Laws 1973, ch. 73, § 3.
ANNOTATIONS
Repeals.
— Laws 1972, ch. 71, § 18, repealed former 41-1-5, 1953 Comp., relating to issuance of warrants for fugitives.
Jury instruction on right to make telephone calls.
— Where defendant claimed that defendant had not been informed that defendant could make three telephone calls after arrest, the trial court did not abuse its discretion when the court refused defendant's request to instruct the jury on the requirements of Section 31-1-5 NMSA 1978, because the statute neither provides a defendant with a right to make three calls nor addresses an officer's duty to inform a defendant of the defendant's entitlement to make the calls.
State v. Coleman
, 2011-NMCA-087, 150 N.M. 622, 264 P.3d 523, cert. denied, 2011-NMCERT-008, 268 P.3d 513.
Effect of denial to accused to make calls.
— Absent prejudice, no basis for release is established by denial of use of a telephone after arrest.
State v. Gibby
, 1967-NMSC-219, 78 N.M. 414, 432 P.2d 258.
Burden of proof.
— Once a defendant proves that he has been denied access to a telephone for an extended period of time, the state bears the burden of proving a reasonable basis for the denial.
State v. Bearly
, 1991-NMCA-022, 112 N.M. 50, 811 P.2d 83.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 1 - Issuance of Process and Warrants › Section 31-1-8 - Identification of minor or dependent children upon arrest; required inquiry; guidelines.

A. A state or local law enforcement officer who arrests a person shall, at the time of the arrest, inquire whether the person is a parent or guardian of minor or dependent children who may be at risk as a result of the arrest. The officer shall make reasonable efforts to ensure the safety of minor or dependent children at risk as a result of an arrest in accordance with guidelines established by the department of public safety.
B. The department of public safety, in consultation with the children, youth and families department, shall establish guidelines and a training program for law enforcement officers for ensuring child safety upon the arrest of a parent or guardian. The guidelines and training program shall include:
(1) procedures to ensure that law enforcement officers inquire whether arrestees have minor or dependent children who may be present or at another location at the time of the arrest;
(2) procedures for the proper arrangement of temporary care for children to ensure their safety and well-being; and
(3) education on how the effects of witnessing a violent crime or other event causes emotional harm to children and how law enforcement can assist in mitigating the long-term effects of the trauma.
History:
Laws 2007, ch. 89, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 89, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 1A - DNA Evidence › Section 31-1A-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003 ch. 27, § 2 repealed 31-1A-1 NMSA 1978, as enacted by Laws 2001, ch. 29, § 1, relating to procedures for consideration of DNA evidence, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For post-conviction consideration of DNA evidence,
see
31-1A-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 2 - Fresh Pursuit › Section 31-2-1 - [Officer of another state entering this state in fresh pursuit; power to arrest and hold fugitive.]

Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.
History:
Laws 1937, ch. 12, § 1; 1941 Comp., § 42-201; 1953 Comp., § 41-2-1.
ANNOTATIONS
Compiler's notes.
— A few states have adopted a Uniform Law on Close Pursuit. Others have adopted a Uniform Law on Fresh Pursuit. However, the Commissioners on Uniform State Laws have not as yet promulgated or approved uniform laws on the subject.
Section grants same right to New Mexico officer.
— An officer of the New Mexico state police, while in hot pursuit of a person who has committed a felony in New Mexico, may enter the state of Colorado, arrest such a person there and return him to New Mexico without obtaining extradition. 1960 Op. Att'y Gen. No. 60-66.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
5 Am. Jur. 2d Arrest § 72.
Validity, in state criminal trial, of arrest without warrant by identified peace officer outside of jurisdiction, when not in fresh pursuit, 34 A.L.R.4th 328.
6A C.J.S. Arrest § 18.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 2 - Fresh Pursuit › Section 31-2-2 - [Arrested person taken before magistrate; hearing; commitment or discharge.]

If an arrest is made in this state by an officer of another state in accordance with the provisions of Section 1 [31-2-1 NMSA 1978] of this act he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.
History:
Laws 1937, ch. 12, § 2; 1941 Comp., § 42-202; 1953 Comp., § 41-2-2.
ANNOTATIONS
Cross references.
— For extradition,
see
31-4-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 2 - Fresh Pursuit › Section 31-2-3 - [Construction of act; power to arrest not limited.]

Section 1 [31-2-1 NMSA 1978] of this act shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
History:
Laws 1937, ch. 12, § 3; 1941 Comp., § 42-203; 1953 Comp., § 41-2-3.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 2 - Fresh Pursuit › Section 31-2-4 - ["State" includes District of Columbia.]

For the purpose of this act [31-2-1 to 31-2-7 NMSA 1978] the word "state" shall include the District of Columbia.
History:
Laws 1937, ch. 12, § 4; 1941 Comp., § 42-204; 1953 Comp., § 41-2-4.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 2 - Fresh Pursuit › Section 31-2-5 - ["Fresh pursuit" defined.]

The term "fresh pursuit" as used in this act [31-2-1 to 31-2-7 NMSA 1978] shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
History:
Laws 1937, ch. 12, § 5; 1941 Comp., § 42-205; 1953 Comp., § 41-2-5.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 2 - Fresh Pursuit › Section 31-2-6 - [Certified copies of law to be distributed.]

Upon the passage and approval by the governor of this act [31-2-1 to 31-2-7 NMSA 1978] it shall be the duty of the secretary of state (or other officer) to certify a copy of this act to the executive department of each of the states of the United States.
History:
Laws 1937, ch. 12, § 6; 1941 Comp., § 42-206; 1953 Comp., § 41-2-6.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 2 - Fresh Pursuit › Section 31-2-7 - [Citation of act.]

This act [31-2-1 to 31-2-7 NMSA 1978] may be cited as the Uniform Act on Fresh Pursuit.
History:
Laws 1937, ch. 12, § 8; 1941 Comp., § 42-207; 1953 Comp., § 41-2-7.
ANNOTATIONS
Compiler's notes.
— A few states have adopted a Uniform Law on Close Pursuit. Others have adopted a Uniform Law on Fresh Pursuit. However, the Commissioners on Uniform State Laws have not as yet promulgated or approved uniform laws on the subject.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 2 - Fresh Pursuit › Section 31-2-8 - Authority to arrest misdemeanant; fresh pursuit.

A. Any county sheriff or municipal police officer who leaves his jurisdictional boundary while in fresh pursuit of a misdemeanant whom he would otherwise have authority to arrest shall have the authority to arrest that misdemeanant anywhere within this state and return him to the jurisdiction in which the fresh pursuit began without further judicial process.
B. For purposes of this section, "fresh pursuit of a misdemeanant" means the pursuit of a person who has committed a misdemeanor in the presence of the pursuing officer. Fresh pursuit shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
History:
Laws 1981, ch. 102, § 1.
ANNOTATIONS
The authority to arrest is not limited to custodial arrest,
but includes an investigative detention to issue a citation for a traffic violation.
State v. Marquez
, 2008-NMSC-055, 145 N.M. 1, 193 P.3d 548,
rev'g
2007-NMCA-151, 143 N.M. 79, 173 P.3d 1.
Arrestable misdemeanor.
— A municipal police officer is authorized to pursue a suspect outside the officer's territorial jurisdiction only if the officer has reason to believe that he or she has observed a violation of an arrestable offense.
State v. Marquez
, 2007-NMCA-151, 143 N.M. 79, 173 P.3d 1, cert. granted, 2007-NMCERT-011, 143 N.M. 155, 173 P.3d 762,
rev'd
, 2008-NMSC-055, 145 N.M. 1, 19 P.3d 548.
Commission of petty misdemeanor.
— This section authorizes pursuit of a suspect into another county, whether the pursuing officer has reasonable cause to believe the suspect guilty of a misdemeanor or only of a petty misdemeanor.
County of Los Alamos v. Tapia
, 1990-NMSC-038, 109 N.M. 736, 790 P.2d 1017.
Extraterritorial arrest for D.W.I.
— This section authorizes a municipal police officer to make an extraterritorial arrest for DWI.
Incorporated Cnty. of Los Alamos v. Johnson
, 1989-NMSC-045, 108 N.M. 633, 776 P.2d 1252.
Arrest on Indian reservation.
— An arrest of a Navajo citizen on the Navajo Reservation by a city police officer following a car chase that started off the reservation was illegal since the officer failed to follow tribal extradition procedures; the misdemeanor fresh pursuit law did not affect the legality of the arrest.
City of Farmington v. Benally
, 1995-NMCA-019, 119 N.M. 496, 892 P.2d 629.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 3 - Bail › Section 31-3-1.1 - Review of youthful offender records.

Notwithstanding any other provision of law, when considering the setting of bail or other conditions of release of a person charged with a felony, the juvenile disposition of a youthful offender and any evidence given in a hearing in court for a youthful offender may be considered. The juvenile disposition and evidence used pursuant to this section may be considered only if the person is thirty years old or younger. If a judge considers the juvenile disposition of a youthful offender or evidence given in a hearing for the youthful offender pursuant to this section, the disposition and evidence shall be considered confidential and shall be reviewed or discussed in camera. All evidence, motions or other documents or evidence pertaining to the juvenile disposition shall be sealed, unless otherwise considered not to be confidential by law.
History:
Laws 2016, ch. 9, § 1.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 9 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 3 - Bail › Section 31-3-3 - Surrender of principal by surety.

A. When a surety desires to be discharged from the obligation of its bail bond, the surety may arrest the accused and deliver him to the sheriff of the county in which the action against the accused is pending.
B. The surety shall, at the time of surrendering the accused, deliver to the sheriff a certified copy of the order admitting the accused to bail and a certified copy of the bail bond. Delivery of these documents shall be sufficient authority for the sheriff to receive and retain the accused until he is otherwise bailed or discharged.
C. Upon the delivery of the accused as provided in this section, the surety may apply to the court for an order discharging him from liability as surety; and upon satisfactory proof being made that this section has been complied with, the court shall enter an order discharging the surety from liability.
D. This section shall not apply to a paid surety as defined by Section 31-3-4 NMSA 1978.
History:
1953 Comp., § 41-3-3, enacted by Laws 1972, ch. 71, § 10.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 71, § 10, repealed 41-3-3, 1953 Comp., relating to examination of case by magistrate, and enacted a new section.
Obligation terminates upon delivery to sheriff.
— By statute, the bail has power to take and deliver the principal at any time to the sheriff and thus be relieved of its obligation.
State v. United Bonding Ins. Co.
, 1970-NMSC-017, 81 N.M. 154, 464 P.2d 884.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8 Am. Jur. 2d Bail and Recognizance § 80 et seq.
Surrender of principal by sureties on bail bond, 3 A.L.R. 180, 73 A.L.R. 1369.
Right of bail to relief from forfeiture of bond or recognizance in event of subsequent surrender or production of principal, 84 A.L.R. 420.
Dismissal or vacation of indictment as terminating liability or obligation of surety on bail bond, 18 A.L.R.3d 1354.
Bail: duration of surety's liability on pretrial bond, 32 A.L.R.4th 504.
Bail: duration of surety's liability on posttrial bail bond, 32 A.L.R.4th 575.
Bail: effect on liability of bail bond surety of state's delay in obtaining indictment or bringing defendant to trial, 32 A.L.R.4th 600.
Bail: effect on surety's liability under bail bond of principal's subsequent incarceration in same jurisdiction, 35 A.L.R.4th 1192.
8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 136 to 139.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 3 - Bail › Section 31-3-4 - Paid sureties.

A. A "paid surety" is a surety that has taken money, property or other consideration to act as a surety for the accused.
B. When a paid surety desires to be discharged from the obligation of its bond, it may arrest the accused and deliver him to the sheriff of the county in which the action against the accused is pending.
C. The paid surety shall, at the time of surrendering the accused, deliver to the sheriff a certified copy of the order admitting the accused to bail and a certified copy of the bail bond. Delivery of these documents shall be sufficient authority for the sheriff to receive and retain the accused until he may be brought before the court.
D. A paid surety may be released from the obligation of its bond only by an order of the court.
E. The court shall order the discharge of a paid surety if:
(1) there has been a final disposition of all charges against the accused;
(2) the accused is dead;
(3) circumstances have arisen which the surety could not have foreseen at the time it became a paid surety for the accused; or
(4) the contractual agreement between the surety, the principal and the state has terminated.
History:
1953 Comp., § 41-3-4, enacted by Laws 1972, ch. 71, § 11.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 71, § 11, repealed 41-3-4, 1953 Comp., relating to adjournment of the magistrate's examination of the defendant, and enacted a new section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8 Am. Jur. 2d Bail and Recognizance § 80 et seq.
8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 136 to 139.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 3 - Bail › Section 31-3-5 - Approval of bond.

No bond shall be accepted from a paid surety, as defined in Section 31-3-4 NMSA 1978, by a magistrate court or a district court unless executed on a form which has been approved by the supreme court.
History:
1953 Comp., § 41-3-4.1, enacted by Laws 1973, ch. 73, § 5.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 3 - Bail › Section 31-3-6 - Change of venue.

If the defendant is released pending trial and thereafter a change of venue is granted, the defendant shall be bound to appear according to the change of venue and otherwise in accordance with the terms of his recognizance. The sureties on a bail bond shall be bound to deliver the defendant in accordance with the change of venue without the necessity of giving a new bail bond.
History:
1953 Comp., § 41-3-5, enacted by Laws 1972, ch. 71, § 12.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 71, § 12, repealed 41-3-5, 1953 Comp., relating to disposition of defendant, by the magistrate, in case of an adjournment, and enacted a new section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8 Am. Jur. 2d Bail and Recognizance § 117.
8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 40, 41, 43 to 49, 140, 141, 143 to 155, 183.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 3 - Bail › Section 31-3-7 - Bail for witness.

If it appears by affidavit that the testimony of a person is material in any felony criminal proceeding and that it may become impracticable to secure his presence by subpoena, the judge may require such person to give bail pursuant to Rules of Criminal Procedure for his appearance as a witness. If the witness fails to give bail pursuant to Rules of Criminal Procedure, the witness may be committed to the custody of the sheriff for a period not to exceed five days within which time his deposition shall be taken as provided by Rules of Criminal Procedure. The court upon good cause shown may extend the time for taking such depositions for a period not exceeding five days. In no case except a first or second degree felony shall any surety be required for the bail of such witness.
History:
1953 Comp., § 41-3-6, enacted by Laws 1972, ch. 71, § 13.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 71, § 13, repealed 41-3-6, 1953 Comp., relating to commitment forms to be used by the magistrate, and enacted a new section.
Arrest of material witness.
— This section does not authorize an arrest of a material witness at the scene of a crime, where there is no evidence that the witness would avoid a subpoena or be unwilling to testify in a subsequent trial.
Perkins v. Click
, 148 F. Supp. 2d 1177 (D.N.M. 2001).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81 Am. Jur. 2d Witnesses § 4.
8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 56 to 58, 170 to 174.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 3 - Bail › Section 31-3-8 - Defects in bail or bail bond; effect.

No recognizance, undertaking or bond taken in any criminal proceeding shall be void, nor shall the principal or surety be discharged, from liability thereon for want of form or substance or for omission of any recital or condition or because the same was entered into on Sunday.
History:
1953 Comp., § 41-3-7, enacted by Laws 1972, ch. 71, § 14.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 71, § 14, repealed 41-3-7, 1953 Comp., relating to the magistrate reading the complaint to the defendant and issuing subpoenas for any required witnesses, and enacted a new section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
8 Am. Jur. 2d Bail and Recognizance § 51 et seq; §§ 153, 160 to 162.
Variance between name in bail bond and in judgment of forfeiture, 20 A.L.R. 411.
Necessity of reference in bail bond to specific crime, 103 A.L.R. 535.
8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 93 to 106.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 3 - Bail › Section 31-3-10 - Termination of liability.

All recognizances secured by the execution of a bail bond shall be null and void upon the finding that the accused person is guilty, and all bond liability shall thereupon terminate.
History:
1978 Comp., § 31-3-10, enacted by Laws 1987, ch. 228, § 2.
ANNOTATIONS
Purpose of bail bond.
— A bail bond is a type of bond to obtain the release of a person from imprisonment and to secure his appearance before the court.
State v. Valles
, 2004-NMCA-118, 136 N.M. 429, 99 P.3d 1164.
Statute governs.
— Because the bail bond form which the supreme court requires sureties to sign when posting bail for a criminal defendant and a statute conflict on when the surety's obligation under the bond terminates, the statute governs.
State v. Valles
, 2004-NMCA-118, 136 N.M. 429, 99 P.3d 1164.
Surety discharged when defendant found guilty.
— With the 1987 enactment of this section, the legislature established that the contractual agreement between surety, the principal and the state was terminated when defendant was found guilty, and the court is therefore required to order the discharge of the surety under 31-3-4 E(4) NMSA 1978.
State v. Valles
, 2004-NMCA-118, 136 N.M. 429, 99 P.3d 1164.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 3 - Bail › Section 31-3-11 - Release of individuals who are pregnant or lactating.

A. The court shall consider an individual's pregnancy or lactation status when determining whether the individual is eligible for release or bond and in the computation of good time credit. A presumption shall be made in favor of release for an individual who is pregnant or lactating. An individual released pursuant to this section shall be placed on the least restrictive conditions of release necessary to ensure return to custody.
B. As used in this section, "release" means:
(1) custodial release, which is release under such court-imposed restrictions as to satisfy the court that the person remains in custody while released; and
(2) noncustodial release, which is release under such conditions that are not considered custodial.
History:
Laws 2019, ch. 73, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 73, § 2 made Laws 2019, ch. 73, § 1 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 3 - Bail › Section 31-3-12 - Availability of global positioning system data on defendants on pretrial release.

Any public entity that possesses or controls global positioning system data with respect to a defendant on pretrial release shall make that data available without a warrant to a law enforcement officer pursuant to an ongoing and pending criminal investigation for which there is reasonable suspicion to believe the data will be probative. Any data provided to the law enforcement officer shall be limited to data that relates to the criminal investigation and is not more than one year old. The data shall not be made a part of any public record unless admitted as evidence during a criminal trial. The law enforcement officer may request immediate access to the data if it involves an investigation of:
A. any of the following serious violent felony offenses:
(1) murder in the first degree;
(2) first or second degree felony human trafficking of a child;
(3) first degree felony abuse of a child;
(4) sexual exploitation of a child constituting at least a second degree felony; or
(5) a serious violent felony offense as provided in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978;
B. a felony offense during which a firearm was brandished pursuant to Section 31-18-16 NMSA 1978 or during which a firearm was discharged; or
C. a felony offense during which great bodily harm was inflicted as defined in Section 30-1-12 NMSA 1978 or that caused the death of a person.
History:
Laws 2022, ch. 56, § 28.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 28 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 3A - Witness Immunity (Recompiled.) › Section 31-3A-1 - Recompiled.

ANNOTATIONS
Recompilations.
— Section 31-3A-1 NMSA 1978 was recompiled as 31-6-15 NMSA 1978 by direction of the compilation commission.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-1 - Definitions.

Where appearing in this act [31-4-1 to 31-4-30 NMSA 1978], the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state. The term "state", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America. The term "prosecuting attorney" includes the various district attorneys of this state and their duly appointed, qualified and acting assistants, the attorney general and his duly appointed, qualified and acting assistants.
History:
Laws 1937, ch. 65, § 1; 1941 Comp., § 42-1901; 1953 Comp., § 41-19-1.
ANNOTATIONS
Uniform Criminal Extradition Act is constitutional.
Ex parte Dalton
, 1952-NMSC-049, 56 N.M. 407, 244 P.2d 790.
Extradition not required.
— The state was not required to extradite defendant from Arizona so as to prevent his classification as a fugitive under 31-21-15 NMSA 1978 and the consequent revocation of probation.
State v. McDonald
, 1991-NMCA-132, 113 N.M. 305, 825 P.2d 238, cert. denied, 113 N.M. 44, 822 P.2d 1127 (1992).
Law reviews.
— For comment, "Tribal Control of Extradition from Reservations," see 10 Nat. Resources J. 626 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition § 1 et seq.
Right to delay of one arrested on extradition warrant to enable him to present evidence that he is not subject to extradition, 11 A.L.R. 1410.
Meaning of word "similar" in statute as to evidence in extradition proceeding, 17 A.L.R. 102.
Right to try one for an offense other than that named in extradition proceedings, 21 A.L.R. 1405.
One charged with desertion or failure to support wife or child as fugitive from justice, subject to extradition, 32 A.L.R. 1167, 54 A.L.R. 281.
Right to prove alibi or absence from demanding state, 51 A.L.R. 797, 61 A.L.R. 715.
Extradition of juveniles, 73 A.L.R.3d 700.
Application of doctrine of specialty to federal criminal prosecution of accused extradited from foreign country, 112 A.L.R. Fed. 473.
Test of "dual criminality" where extradition to or from foreign nation is sought, 132 A.L.R. Fed. 525.
35 C.J.S. Extradition § 2 et seq.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-4 - Governor may investigate case.

When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
History:
Laws 1937, ch. 65, § 4; 1941 Comp., § 42-1904; 1953 Comp., § 41-19-4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition § 96.
Mission or motive of defendant in going to asylum state as affecting right to extradite him, 13 A.L.R. 415.
Bar of limitations as proper subject of investigation in extradition proceedings, 77 A.L.R. 902.
Determination in extradition proceedings, or on habeas corpus in such proceedings, whether a crime is charged, 81 A.L.R. 552, 40 A.L.R.2d 1151.
Motive or ulterior purpose of officials demanding or granting extradition as proper subject of inquiry, 94 A.L.R. 1493.
Sanity or insanity or pendency of lunacy proceedings as matters for consideration in extradition proceedings, 114 A.L.R. 693.
35 C.J.S. Extradition §§ 30 to 33.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-5 - Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.

When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in Section 23 [31-4-25 NMSA 1978] of this act with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
History:
Laws 1937, ch. 65, § 5; 1941 Comp., § 42-1905; 1953 Comp., § 41-19-5.
ANNOTATIONS
Cross references.
— For surrendering to another state a person detained in this state under prosecution or conviction in this state,
see
31-4-19 NMSA 1978.
Asylum state has no discretion.
— Where New Mexico courts held that respondent was not a fugitive from justice, but a refugee from injustice because respondent fled Ohio because of fear that respondent's parole would be revoked without due process and that respondent would be returned to prison where respondent faced the threat of bodily injury, the New Mexico courts went beyond the permissible inquiry in an extradition case and permitted litigation of issues not open in the asylum state. The extradition clause of the United States constitution is mandatory and affords no discretion to the executive officers of the courts of the asylum state.
N.M. ex rel. Ortiz v. Reed
, 118 S.Ct. 1860, 524 U.S. 151, 141 L. Ed. 2d 131 (1998),
rev'g
Reed v. State ex. rel. Ortiz
, 1997-NMSC-055, 124 N.M. 129, 947 P.2d 86.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition § 152.
Extradition of fugitive in custody under charge in asylum state, 42 A.L.R. 585.
Extradition, as a fugitive from justice, of one who left the demanding state by official permission, 67 A.L.R. 1480.
Determination whether crime is charged, 40 A.L.R.2d 1151.
35 C.J.S. Extradition § 15.
Law Reviews.
— For Article, "Developing a State Constitutional Law Strategy in New Mexico Criminal Prosecutions," see 39 N.M.L. Rev. 407 (2009).
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-6 - Extradition of persons not present in demanding state at time of commission of crime.

The governor of this state:
A. may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in Section 31-4-3 NMSA 1978 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand. The provisions of the Uniform Criminal Extradition Act not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom; and
B. shall not arrest or deliver a person if the charge is based on engaging in a protected health care activity, pursuant to the provisions of the Reproductive and Gender-Affirming Health Care Protection Act [24-35-1 to 24-35-8 NMSA 1978], including a charge based on vicarious, joint or several liability or conspiracy, unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense and that thereafter, the accused fled from the demanding state.
History:
Laws 1937, ch. 65, § 6; 1941 Comp., § 42-1906; 1953 Comp., § 41-19-6; 2023, ch. 167, § 9.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that the governor shall not extradite a person if the charge is based on engaging in a protected health care activity pursuant to the Reproductive and Gender-Affirming Health Care Protection Act, and provided an exception; added new subsection designation "A."; and added new Subsection B.
Proper request by demanding state must be honored.
— Extradition demanded by another state for the crime of non-support, properly requested under this section, should be honored by New Mexico if the demanding state has a law making it a crime to fail to support a wife or child when the accused is outside the demanding state at the time of failure to support occurs. 1953 Op. Att'y Gen. No. 53-5713.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition § 28, 29.
One not in demanding state at time of offense, but who afterward entered and left state, as fugitive from justice within extradition law, 91 A.L.R. 1262.
Constitutionality, construction and application of statute authorizing extradition of one who commits an act within the state or a third state resulting in a crime in the demanding state, 151 A.L.R. 239.
35 C.J.S. Extradition § 11.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-7 - Issue of governor's warrant of arrest; its recitals.

If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
History:
Laws 1937, ch. 65, § 7; 1941 Comp., § 42-1907; 1953 Comp., § 41-19-7.
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.
Enumeration of rights not required.
— A warrant issued in accordance with this section is not required to enumerate the rights contained in Section 31-4-10 NMSA 1978.
Johnson v. Shuler
, 2001-NMSC-009, 130 N.M. 144, 20 P.3d 126.
County cannot recover expenses incurred for jailing fugitive.
— Where a fugitive from New Hampshire was detained in the Colfax County jail while awaiting extradition to New Hampshire; the governors of New Mexico and New Hampshire played the exclusive roles in the extradition process such that neither New Hampshire nor its governor made any demand on Colfax County or directed Colfax County to act on their behalf; the extradition warrant issued by the governor of New Mexico granted Colfax County jurisdiction to hold the fugitive and Colfax County acted as the New Mexico governor's agent in the extradition process; and New Hampshire had no contact with Colfax County, Colfax County was barred from demanding payment of state expenses incurred for jailing the fugitive.
Colfax Cnty. Bd. of Cnty. Comm'r v. State of N.H.
, 16 F.3d 1107 (10th Cir. 1994).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition § 117 to 119.
Sufficiency of recitals in rendition warrant in extradition as regards copy of indictment or affidavit, 89 A.L.R. 595.
35 C.J.S. Extradition §§ 35, 36.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-8 - Manner and place of execution.

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this act [31-4-1 to 31-4-30 NMSA 1978], to the duly authorized agent of the demanding state.
History:
Laws 1937, ch. 65, § 8; 1941 Comp., § 42-1908; 1953 Comp., § 41-19-8.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-9 - Authority of arresting officer.

Every such peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
History:
Laws 1937, ch. 65, § 9; 1941 Comp., § 42-1909; 1953 Comp., § 41-19-9.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-11 - Penalty for noncompliance with preceding section.

Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the governor's warrant, in willful disobedience to the last section [31-4-10 NMSA 1978], shall be guilty of a misdemeanor and, on conviction, shall be fined (not more than $1,000.00 or be imprisoned not more than six months, or both).
History:
Laws 1937, ch. 65, § 11; 1941 Comp., § 42-1911; 1953 Comp., § 41-19-11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Necessity that demanding state show probable cause to arrest fugitive in extradition proceedings, 90 A.L.R.3d 1074.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-12 - Confinement in jail when necessary.

The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.
History:
Laws 1937, ch. 65, § 12; 1941 Comp., § 42-1912; 1953 Comp., § 41-19-12.
ANNOTATIONS
Identification of officer required before he can accept prisoners.
— Under the provisions of the Uniform Criminal Extradition Act, 31-4-1 to 31-4-30 NMSA 1978, there is no requirement that guards, as such, be designated by name. It is certain, however, that the sheriff or other designated officer who represents the executive authority of the requisitioning state and is the agent of that state for receipt of prisoners, has to be named and duly accredited as the demanding state's agent before prisoners will be delivered to him. 1961 Op. Att'y Gen. No. 61-9.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition § 58 to 62.
35 C.J.S. Extradition § 67.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-13 - Arrest prior to requisition.

Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under Section 6 [31-4-6 NMSA 1978] with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under Section 6, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, magistrate or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
History:
Laws 1937, ch. 65, § 13; 1941 Comp., § 42-1913; 1953 Comp., § 41-19-13.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition § 58 to 62.
35 C.J.S. Extradition § 67.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-14 - Arrest without a warrant.

The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section [31-4-13 NMSA 1978]; and thereafter his answer shall be heard as if he had been arrested on a warrant.
History:
Laws 1937, ch. 65, § 14; 1941 Comp., § 42-1914; 1953 Comp., § 41-19-14.
ANNOTATIONS
Bondsman arresting third party.
— Neither the common-law nor statutory authority of a bondsman to make a warrantless arrest of his principal absolves a bondsman of criminal responsibility ensuing from the armed, unauthorized, and forcible entry into the residence of a third party.
State v. Lopez
, 1986-NMCA-094, 105 N.M. 538, 734 P.2d 778, cert. quashed, 105 N.M. 521, 734 P.2d 761, and cert. denied, 479 U.S. 1092, 107 S. Ct. 1305, 94 L. Ed. 2d 160 (1987).
A foreign bondsman must comply with this article in seeking the rearrest of his principal.
State v. Lopez
, 1986-NMCA-094, 105 N.M. 538, 734 P.2d 778, cert. quashed, 105 N.M. 521, 734 P.2d 761, and cert. denied, 479 U.S. 1092, 107 S. Ct. 1305, 94 L. Ed. 2d 160 (1987);
Lopez v. McCotter
, 875 F.2d 273 (10th Cir.), cert. denied, 493 U.S. 996, 110 S. Ct. 549, 107 L. Ed. 2d 546 (1989).
Retroactive application of State v. Lopez.
— The decision of the court of appeals in
State v. Lopez
, 1986-NMCA-094, 105 N.M. 538, 734 P.2d 778, holding that a foreign bondsman must comply with this article in seeking the rearrest of his principal was so "unexpected" under preexisting law as to prevent its application retroactively.
Lopez v. McCotter
, 875 F.2d 273 (10th Cir.), cert. denied, 493 U.S. 996, 110 S. Ct. 549, 107 L. Ed. 2d 546 (1989).
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 4 - Extradition › Section 31-4-15 - Commitment to await requisition; bail.

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under Section 6 [31-4-6 NMSA 1978], that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in the next section [31-4-16 NMSA 1978], or until he shall be legally discharged.
History:
Laws 1937, ch. 65, § 15; 1941 Comp., § 42-1915; 1953 Comp., § 41-19-15.
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.
No bail for parole violators under interstate compact.
— The extradition statutes, this section and Section 31-4-16 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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
31A Am. Jur. 2d Extradition § 58 to 62.
35 C.J.S. Extradition § 67.