New Mexico 2023 Regular Session Status: Enacted 1 D cosponsors

HB 139 — ELIMINATING COURT FEES

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 23, 2023. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on April 06, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 52% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

The bill removes court fees that individuals have to pay when they file cases in court. This aims to make the legal process more accessible to everyone.

Bill Text

What changed in the latest version

693 added · 1383 removed

Plain-language change summary

The recent amendments to Bill HB 139 focus on eliminating court fees and introducing alternative ways for individuals to serve community service to settle fines, fees, or costs. This change aims to reduce the likelihood of imprisonment for those who are unable to pay these financial penalties. By doing so, it seeks to make the justice system more equitable and prevent individuals from facing jail time simply due to financial hardships.

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HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 139 56TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2023 This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AN ACT RELATING TO COURTS;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
h AN ACT g o RELATING TO COURTS;
PROVIDING t hr g e i k ADDITIONAL WAYS OF SERVING COMMUNITY SERVICE TO PAY FINES, FEES h r i s OR COSTS;
PROVIDING ADDITIONAL WAYS OF SERVING COMMUNITY SERVICE TO PAY FINES, FEES OR COSTS;
REDUCING IMPRISONMENT FOR NONPAYMENT OF FINES OR h , t, COSTS;
REDUCING IMPRISONMENT FOR NONPAYMENT OF FINES OR COSTS;
e u g e b l e e h REPEALING SECTIONS 31-12-6 THROUGH 31-12-8, 31-12-11, 31-12-13, n d d i = = o h 35-14-11 AND 66-8-116.3 NMSA 1978 (BEING LAWS 1858-1859, P.
REPEALING SECTIONS 31-12-6 THROUGH 31-12-8, 31-12-11, 31-12-13, 35-14-11 AND 66-8-116.3 NMSA 1978 (BEING LAWS 1858-1859, P.
l ] b ,d i a º e LAWS 1981, CHAPTER 367, SECTIONS 1 AND 2;
LAWS 1981, CHAPTER 367, SECTIONS 1 AND 2;
LAWS 2003, CHAPTER r i = r t e w d m a n o 387, SECTION 1;
LAWS 2003, CHAPTER 387, SECTION 1;
LAWS 1983, d m :
LAWS 1983, CHAPTER 134, SECTION 6;
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e e a n e d r e l u [ A d HJC/HB 139 CHAPTER 134, SECTION 6;
Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against [him ] the person, either in addition to or without a term of imprisonment, [may in the discretion of the court ] shall be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix.
Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against the person, either in addition to or without a term of imprisonment, shall be allowed to pay such fine, fees or costs in installments of such amounts, at such times and upon such conditions as the court may fix.
The defendant may also be required to serve a h period of time in labor to be known as "community service" in g o lieu of all or part of the fine, [If unable to pay the fees or t hr g e i k costs, he may be granted permission to perform community h r i s service in lieu of them as well] fees or costs.
The defendant may also be required to serve a period of time in labor to be known as "community service" in HJC/HB 139/a Page 1 lieu of all or part of the fine, fees or costs.
The labor h , t, shall be meaningful, shall not be suspended or deferred and e u g e b l e e h shall be of a type that benefits the public at large or any n d d i = = o h public, charitable or educational entity or institution, l ] b ,d i a º e including Hfl1ºenrollment in»Hfl1 job training Hfl1º, school r i = r t e w d m a n o attendance»Hfl1 Hfl1ºor an academic or vocational program»Hfl1 d m :
The labor shall be meaningful, shall not be suspended or deferred and shall be of a type that benefits the public at large or any public, charitable or educational entity or institution, including enrollment in job training or an academic or vocational program or participation in social service or rehabilitation programs, and is consistent with Article 9, Section 14 of the constitution of New Mexico.
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 2 - e a n e d r e l u [ A d HJC/HB 139 or participation in social service or rehabilitation programs , and is consistent with Article 9, Section 14 of the constitution of New Mexico.
Instead, a person who performs community service shall receive credit toward the fine, fees or costs at twice the rate of the prevailing [federal] state hourly minimum wage.
Instead, a person who performs community service shall receive credit toward the fine, fees or costs at twice the rate of the prevailing state hourly minimum wage.
[B.
C.
] C.
[C.
D.
] D.
When a defendant sentenced to pay a fine in installments or ordered to pay fees or costs defaults in payment, the court, upon motion of the prosecutor or upon its HJC/HB 139/a Page 2 own motion, may require the defendant to show cause why the defendant's default should not be treated as contumacious and may issue a summons or a warrant of arrest for the defendant's appearance.
When a defendant sentenced to pay a fine in h g installments or ordered to pay fees or costs defaults in o t hr payment, the court, upon motion of the prosecutor or upon its g e i k own motion, may require the defendant to show cause why [his ] h r i s the defendant's default should not be treated as contumacious h , t, e u g and may issue a summons or a warrant of arrest for [his ] the e b l e e h defendant's appearance.
It shall be a defense that the defendant did not willfully refuse to obey the order of the court or that the defendant made a good faith effort to obtain the funds required for the payment.
It shall be a defense that the n d d i = = o h defendant did not willfully refuse to obey the order of the l ] b ,d i a º e r i = r court or that [he ] the defendant made a good faith effort to t e w d m a n o obtain the funds required for the payment.
If the defendant's default was contumacious, the court may order the defendant committed until the fine or a specified part of it or the fees or costs are paid.
If the defendant's d m :
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 3 - e a n e d r e l u [ A d HJC/HB 139 default was contumacious, the court may order [him ] the defendant committed until the fine or a specified part of it or the fees or costs are paid.
[D.
E.
] E.
If it appears that a defendant's default in the payment of a fine, fees or costs is not contumacious, the court may allow the defendant additional time for payment, reduce the amount of the fine or of each installment, revoke the fine or the unpaid portion in whole or in part or require the defendant to perform community service in lieu of the fine, fees or costs." SECTION 2.
If it appears that a defendant's default in the payment of a fine, fees or costs is not contumacious, the court may allow the defendant additional time for payment, reduce the amount of the fine or of each installment, revoke the fine or the unpaid portion in whole or in part or require the defendant to perform community service in lieu of the fine, h fees or costs." g o SECTION 2.
Section 31-12-9 NMSA 1978 (being Laws 1981, HJC/HB 139/a Page 3 Chapter 367, Section 3, as amended) is amended to read:
Section 31-12-9 NMSA 1978 (being Laws 1981, t hr g e i k Chapter 367, Section 3, as amended) is amended to read:
"31-12-9.
h r i s "31-12-9.
CRIME LABORATORY FUND CREATED-- APPROPRIATION.--There is created in the state treasury the "crime laboratory fund".
CRIME LABORATORY FUND CREATED--APPROPRIATION.-- h , t, There is created in the state treasury the "crime laboratory e u g e b l e e h fund".
The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
[All fees collected pursuant to the provisions of n d d i = = o h Sections 31-12-7 and 31-12-8 NMSA 1978 shall be transmitted l ] b ,d i a º e monthly to the administrative office of the courts for credit r i = r t e w d m a n o to the crime laboratory fund.
All balances in the crime laboratory fund are appropriated to the traffic safety bureau of the department of transportation to provide funds to approved comprehensive community programs for the prevention of driving while under the influence of alcohol or drugs and for other traffic safety purposes.
All balances in the crime d m :
Payment out of the crime laboratory fund shall be made on vouchers issued and signed by the chief of the traffic safety bureau upon warrants drawn by the department of finance and administration." SECTION 3.
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 4 - e a n e d r e l u [ A d HJC/HB 139 laboratory fund of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978 are appropriated to the administrative office of the courts for payment upon invoice to the scientific laboratory division of the health and environment department, the New Mexico state police crime laboratory division and the Albuquerque police crime laboratory for costs related to chemical and other tests and analyses described in those sections and incurred by these laboratories and local law enforcement agencies.
Payments out of the crime laboratory fund of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978 shall be made on vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the department of finance and administration.] The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
All balances in the crime laboratory fund [of fees collected h pursuant to the provisions of Subsection B of Section 31-12-7 u » r t h NMSA 1978] are appropriated to the traffic safety bureau of the g e l i [transportation program division of the state highway and h r i s transportation] department of transportation to provide funds h , e h t u g to approved comprehensive community programs for the prevention e b l e e , gh of driving while under the influence of alcohol or drugs and n d d i = = o h for other traffic safety purposes.
Payment out of the crime l ] b ,d i a º r laboratory fund [of fees collected pursuant to the provisions e r = t e w d m a n o of Subsection B of Section 31-12-7 NMSA 1978] shall be made on d m :
b r e t º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 5 - e a n e d r e l u [ A d HJC/HB 139 vouchers issued and signed by the chief of the traffic safety bureau upon warrants drawn by the department of finance and administration." SECTION 3.
[All fees collected pursuant to the provisions of Section 31-12-11 NMSA shall be transmitted monthly to the department of finance and administration for credit to the domestic violence offender treatment or intervention fund.] The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
h B.
HJC/HB 139/a Page 4 B.
Balances in the domestic violence offender g o treatment or intervention fund are appropriated to the t hr g e i k children, youth and families department to provide funds to h r i s domestic violence offender treatment or intervention programs h , t, to defray the cost of providing treatment or intervention to e u g e b l e e h domestic violence offenders.
Balances in the domestic violence offender treatment or intervention fund are appropriated to the children, youth and families department to provide funds to domestic violence offender treatment or intervention programs to defray the cost of providing treatment or intervention to domestic violence offenders.
Unexpended or unencumbered n d d i = = o h balances remaining in the fund at the end of any fiscal year l ] b ,d i a º e shall not revert to the general fund.
Unexpended or unencumbered balances remaining in the fund at the end of any fiscal year shall not revert to the general fund.
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r i = r t e w d m a n o C.
C.
Payment out of the domestic violence offender d m :
Payment out of the domestic violence offender treatment or intervention fund shall be made on vouchers issued and signed by the secretary of children, youth and families upon warrants drawn by the department of finance and administration.
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 6 - e a n e d r e l u [ A d HJC/HB 139 treatment or intervention fund shall be made on vouchers issued and signed by the secretary of children, youth and families upon warrants drawn by the department of finance and administration.
(b) consequences for failure to attend or participate in the program;
(b) consequences for failure to attend HJC/HB 139/a Page 5 or participate in the program;
and h g (c) a confidentiality clause that o t hr prohibits disclosure of information revealed during treatment g e i k or intervention sessions;
and (c) a confidentiality clause that prohibits disclosure of information revealed during treatment or intervention sessions;
h r i s (3) strategies to hold domestic violence h , t, e u g offenders accountable for their violent behavior;
(3) strategies to hold domestic violence offenders accountable for their violent behavior;
e b l e e h (4) a requirement that group discussions are n d d i = = o h limited to members of the same gender;
(4) a requirement that group discussions are limited to members of the same gender;
l ] b ,d i a º e r i = r (5) an education component that:
(5) an education component that:
t e w d m a n o (a) defines physical, emotional, sexual, d m :
(a) defines physical, emotional, sexual, economic and verbal abuse and techniques for stopping those forms of abuse;
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 7 - e a n e d r e l u [ A d HJC/HB 139 economic and verbal abuse and techniques for stopping those forms of abuse;
(b) progress reports that address the h domestic violence offender's attendance, fee payments and g o compliance with other program requirements;
HJC/HB 139/a Page 6 (b) progress reports that address the domestic violence offender's attendance, fee payments and compliance with other program requirements;
and t hr g e i k (c) evaluations of progress made by the h r i s domestic violence offender and recommendations as to whether or h , t, not to require the offender's further participation in the e u g e b l e e h program;
and (c) evaluations of progress made by the domestic violence offender and recommendations as to whether or not to require the offender's further participation in the program;
and n d d i = = o h (8) a requirement that the term of the program l ] b ,d i a º e be at least fifty-two weeks.
and (8) a requirement that the term of the program be at least fifty-two weeks.
r i = r t e w d E.
E.
Counseling for couples shall not be a component m a n o d m :
Counseling for couples shall not be a component of a domestic violence offender treatment or intervention program.
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 8 - e a n e d r e l u [ A d HJC/HB 139 of a domestic violence offender treatment or intervention program.
or (4) who voluntarily participates in a domestic violence offender treatment or intervention program." SECTION 4.
or (4) who voluntarily participates in a domestic violence offender treatment or intervention program." HJC/HB 139/a Page 7 SECTION 4.
A new section of Chapter 31, Article 12 NMSA is enacted to read:
A new section of Chapter 31, Article 12 NMSA 1978 is enacted to read:
"[NEW MATERIAL] RELIEF OF COURT DEBT FOR FEES OR COSTS.-- h g The court, by its own motion or by defendant petition, may o t hr waive fees or costs assessed prior to July 1, 2024." g e i k SECTION 5.
"RELIEF OF COURT DEBT FOR FEES OR COSTS.--The court, by its own motion or by defendant petition, may waive fees or costs assessed prior to July 1, 2024." SECTION 5.
Section 33-2-40 NMSA 1978 (being Laws 1913, h r i s h Chapter 50, Section 2, as amended) is amended to read:
Section 33-2-40 NMSA 1978 (being Laws 1913, Chapter 50, Section 2, as amended) is amended to read:
, t, e u g "33-2-40.
"33-2-40.
FINES AND COSTS--SERVICE FOR .--[Sec.
FINES AND COSTS--SERVICE FOR.--All convicts sentenced to the penitentiary of New Mexico who have a fine or costs or both attached to the sentence shall not be required to serve more than fifteen days for the fine or costs." SECTION 6.
68.] All e b l e e h convicts sentenced to the [state ] penitentiary of New Mexico n d d i = = o h who have a fine or costs or both attached to [such] the l ] b ,d i a º e r i = r sentence shall not be required to serve more than [thirty] t e w d m a n o fifteen days for [such] the fine or costs." d m :
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 9 - e a n e d r e l u [ A d HJC/HB 139 SECTION 6.
Whenever any person is committed to jail for nonpayment of any fine or costs or both, [he ] the person shall be credited with [eight ] twenty-four times the [federal] state hourly minimum wage a day in reduction thereof for each day or portion of a day of incarceration.
Whenever any person is committed to jail for nonpayment of any fine or costs or both, the person shall be credited with twenty-four times the state hourly minimum wage a day in reduction thereof for each day or portion of a day of incarceration.
When the person has remained incarcerated a sufficient length of time to extinguish the fine or cost or both, computed at this rate, or has paid to the sentencing court the amount of the fine or costs or both, remaining after deducting credit allowed by this section and obtaining from the court an order of release from commitment, the officer having the prisoner in custody shall discharge [him] the prisoner from custody under commitment.
When the person has remained incarcerated a sufficient length of time to extinguish the fine or cost or both, computed at this rate, or has paid to the sentencing court the amount of the fine or costs or both, remaining after deducting credit allowed by this section and obtaining from the court an order of release from commitment, the HJC/HB 139/a Page 8 officer having the prisoner in custody shall discharge the prisoner from custody under commitment.
If the person in custody makes an affidavit that h [he] the person has no property out of which [he] the person g o can pay the fine and costs, either or any part, the prisoner t hr g e i k shall not be retained in custody longer than [sixty ] fifteen h r i s days even though the fine and costs or either exceeds the h , t, amount credited toward repayment during those [sixty ] fifteen e u g e b l e e h days.
If the person in custody makes an affidavit that the person has no property out of which the person can pay the fine and costs, either or any part, the prisoner shall not be retained in custody longer than fifteen days even though the fine and costs or either exceeds the amount credited toward repayment during those fifteen days.
The affidavit shall be delivered to the sheriff or jail n d d i = = o h administrator as defined in Section 4-44-19 NMSA 1978 having l ] b ,d i a º e custody of the prisoner." r i = r t e w d m a n o SECTION 7.
The affidavit shall be delivered to the sheriff or jail administrator as defined in Section 4-44-19 NMSA 1978 having custody of the prisoner." SECTION 7.
Section 33-3-25 NMSA 1978 (being Laws 1983, d m :
Section 33-3-25 NMSA 1978 (being Laws 1983, Chapter 134, Section 1, as amended) is amended to read:
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 10 - e a n e d r e l u [ A d HJC/HB 139 Chapter 134, Section 1, as amended) is amended to read:
There is created in the state treasury the "local government corrections fund" to be administered by the [administrative office of the courts ] local government division of the department of finance and administration.
There is created in the state treasury the "local government corrections fund" to be administered by the local government division of the department of finance and administration.
All balances in the local government corrections fund are appropriated to the [administrative office of the courts] local government division of the department of finance and administration for payment to counties for county jailer or juvenile detention officer training;
All balances in the local government corrections fund are appropriated to the local government division of the department of finance and administration for payment to counties for county jailer or juvenile detention HJC/HB 139/a Page 9 officer training;
for h paying the cost of housing county prisoners or juveniles in any u » r t h detention facility in the state;
for paying the cost of housing county prisoners or juveniles in any detention facility in the state;
for alternatives to g e l i incarceration;
for alternatives to incarceration;
or for complying with match or contribution h r i s requirements for the receipt of federal funds relating to h , e h t u g detention facilities, jails or juvenile detention facilities.
or for complying with match or contribution requirements for the receipt of federal funds relating to detention facilities, jails or juvenile detention facilities.
e b l e e , gh [Payments shall be made quarterly upon certification by the n d d i = = o h magistrate court or metropolitan court and the motor vehicle l ] b ,d i a º r division of the taxation and revenue department of eligible e r = t e w d m a n o amounts as provided in Subsection C of this section.
C.
d m :
Payments from the local government corrections fund shall be made upon vouchers issued and signed by the local government division of the department of finance and administration upon warrants drawn by the secretary of finance and administration.
b r e t º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 11 - e a n e d r e l u [ A d HJC/HB 139 C.
D.
Each county shall be eligible for a payment in an amount equal to the costs and fees collected by a magistrate court or a metropolitan court and the motor vehicle division pursuant to offenses committed within the county and deposited in the local government corrections fund.
D.] C.
Payments from the local government corrections fund shall be made upon vouchers issued and signed by the [director of the administrative office of the courts ] local government division of the department of finance and administration upon warrants drawn by the secretary of finance and administration.
[E.
] D.
h (2) the construction planning, construction, g o maintenance and operation of the county detention facility, t hr g e i k jail or juvenile detention facility;
(2) the construction planning, construction, maintenance and operation of the county detention facility, jail or juvenile detention facility;
h r i s (3) paying the cost of housing county h , t, prisoners or juveniles in any detention facility in the state;
(3) paying the cost of housing county prisoners or juveniles in any detention facility in the state;
e u g e b l e e h (4) alternatives to incarceration;
(4) alternatives to incarceration;
or n d d i = = o h (5) complying with match or contribution l ] b ,d i a º e requirements for the receipt of federal funds relating to r i = r t e w d detention facilities, jails or juvenile detention facilities." m a n o d m :
or HJC/HB 139/a Page 10 (5) complying with match or contribution requirements for the receipt of federal funds relating to detention facilities, jails or juvenile detention facilities." SECTION 8.
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 12 - e a n e d r e l u [ A d HJC/HB 139 SECTION 8.
METROPOLITAN COURT WARRANT ENFORCEMENT FUND--[FEE ] ADMINISTRATION--USE OF MONEY IN FUND.-- A.
METROPOLITAN COURT WARRANT ENFORCEMENT FUND--ADMINISTRATION--USE OF MONEY IN FUND.-- A.
[B.
The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
Upon issuance of a bench warrant, the Bernalillo county metropolitan court shall assess an administrative fee of one hundred dollars ($100) against the individual whose arrest is commanded by the bench warrant.
B.
Money collected pursuant to the fee assessment authorized by this subsection shall be deposited in the metropolitan court warrant enforcement fund.] The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
All balances in the metropolitan court warrant enforcement fund are appropriated to the Bernalillo county metropolitan court for the primary purpose of employing personnel and promoting compliance with court orders.
[C.] B.
After satisfaction of the primary purpose, any money remaining in the fund may, to the extent deemed necessary by the court, be used for the secondary purpose of partially reimbursing law enforcement agencies for the expense of serving bench warrants issued by the court, pursuant to an intergovernmental agreement entered into between the law enforcement agency and the court.
All balances in the metropolitan court h g warrant enforcement fund are appropriated to the Bernalillo o t hr county metropolitan court for the primary purpose of employing g e i k personnel and [purchasing equipment and services to aid in the h r i s collection of fines, fees or costs owed to the Bernalillo h , t, e u g county metropolitan court] promoting compliance with court e b l e e h orders.
HJC/HB 139/a Page 11 C.
After satisfaction of the primary purpose, any money n d d i = = o h remaining in the fund may, to the extent deemed necessary by l ] b ,d i a º e r i = r the court, be used for the secondary purpose of partially t e w d m a n o reimbursing law enforcement agencies for the expense of serving d m :
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 13 - e a n e d r e l u [ A d HJC/HB 139 bench warrants issued by the court, pursuant to an intergovernmental agreement entered into between the law enforcement agency and the court.
[D.
] C.
[E.
D.
] D.
COURT FACILITIES FUND CREATED--ADMINISTRATION-- DISTRIBUTION.-- h A.
COURT FACILITIES FUND CREATED-- ADMINISTRATION--DISTRIBUTION.-- A.
The "court facilities fund" is created in the g o state treasury and shall be administered by the administrative t hr g e i k office of the courts.
The "court facilities fund" is created in the state treasury and shall be administered by the administrative office of the courts.
The fund shall consist of court fees and h r i s lease and rental revenues transferred to or deposited in the h , t, fund, gifts, grants, donations, appropriations and distributions e u g e b l e e h to the fund made pursuant to the Tax Administration Act.
The fund shall consist of court fees and lease and rental revenues transferred to or deposited in the fund, gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
n d d i = = o h B.
B.
All court facilities fees and other revenues l ] b ,d i a º e deposited in the fund shall be distributed monthly to the New r i = r t e w d m a n o Mexico finance authority for deposit in a special bond fund or d m :
All court facilities fees and other revenues deposited in the fund shall be distributed monthly to the New Mexico finance authority for deposit in a special bond fund or account of the authority.
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 14 - e a n e d r e l u [ A d HJC/HB 139 account of the authority.
The New Mexico finance authority may pledge irrevocably all of these distributions HJC/HB 139/a Page 12 to the authority for the payment of principal, interest and any other expenses or obligations related to the bonds issued by the authority for financing the acquisition of real property and for the design, construction, furnishing and equipping of a new court building for the Bernalillo county metropolitan court in Albuquerque and of a parking facility adjacent to the court building.
The New Mexico finance authority may pledge irrevocably all of these distributions to the authority for the payment of principal, interest and any other expenses or obligations related to the bonds issued by the authority for financing the acquisition of real property and for the design, construction, furnishing and equipping of a new court building for the Bernalillo county metropolitan court in Albuquerque and of a parking facility adjacent to the court building.
Upon certification by the New Mexico finance authority that all payments of principal, interest and any other expenses or obligations related to the bonds issued by the authority for financing the acquisition of real property and for h the design, construction, furnishing and equipping of a new u » r t h court building for the Bernalillo county metropolitan court in g e l i Albuquerque and of a parking facility adjacent to the court h r i s building have been satisfied, the court facilities fee shall be h , e h t u g eliminated." e b l e e , gh SECTION 10.
Upon certification by the New Mexico finance authority that all payments of principal, interest and any other expenses or obligations related to the bonds issued by the authority for financing the acquisition of real property and for the design, construction, furnishing and equipping of a new court building for the Bernalillo county metropolitan court in Albuquerque and of a parking facility adjacent to the court building have been satisfied, the court facilities fee shall be eliminated." SECTION 10.
Section 34-13-1 NMSA 1978 (being Laws 1993, n d d i = = o h Chapter 273, Section 1) is amended to read:
Section 34-13-1 NMSA 1978 (being Laws 1993, Chapter 273, Section 1) is amended to read:
l ] b ,d i a º r e r = "34-13-1.
"34-13-1.
JUDICIAL EDUCATION FUND CREATED-- t e w d m a n o ADMINISTRATION--INCOME TO THE FUND.-- d m :
JUDICIAL EDUCATION FUND CREATED-- ADMINISTRATION--INCOME TO THE FUND.-- HJC/HB 139/a Page 13 A.
b r e t º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 15 - e a n e d r e l u [ A d HJC/HB 139 A.
The "judicial education fund" is created in the state treasury and shall be administered by the administrative office of the courts.
The "judicial education fund" is created in the state treasury and shall be administered by the [institute of public law at the university of New Mexico law school] administrative office of the courts .
The judicial education fund consists of [judicial education fees levied and collected pursuant to Sections 35-6-1, 35-7-4, 35-14-11, 66-8-116.3 and 66-8-119 NMSA 1978] gifts, grants, donations, appropriations to the fund and distributions to the fund made pursuant to the Tax Administration Act." SECTION 11.
The judicial education fund consists of gifts, grants, donations, appropriations to the fund and distributions to the fund made pursuant to the Tax Administration Act." SECTION 11.
Section 34-16-1 NMSA 1978 (being Laws 2009, h Chapter 244, Section 2) is amended to read:
Section 34-16-1 NMSA 1978 (being Laws 2009, Chapter 244, Section 2) is amended to read:
g o "34-16-1.
"34-16-1.
JUVENILE ADJUDICATION FUND CREATED.--The t hr g e i k "juvenile adjudication fund" is created in the state treasury to h r i s provide an alternative procedure of adjudication for juveniles h , t, charged with misdemeanor offenses to help alleviate the docket e u g e b l e e h of the juvenile judicial system.
JUVENILE ADJUDICATION FUND CREATED.--The "juvenile adjudication fund" is created in the state treasury to provide an alternative procedure of adjudication for juveniles charged with misdemeanor offenses to help alleviate the docket of the juvenile judicial system.
The fund consists of [juvenile n d d i = = o h adjudication fees levied and collected pursuant to Section l ] b ,d i a º e 66-8-116.3 NMSA 1978] gifts, grants, donations, appropriations r i = r t e w d m a n o and distributions to the fund made pursuant to the Tax d m :
The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 16 - e a n e d r e l u [ A d HJC/HB 139 Administration Act .
The department of finance and administration shall administer the fund, and money in the fund is appropriated to the department of finance and administration to administer the fund and to provide an alternative adjudication process for juveniles charged with traffic offenses and other misdemeanors.
The department of finance and administration shall administer the fund, and HJC/HB 139/a Page 14 money in the fund is appropriated to the department of finance and administration to administer the fund and to provide an alternative adjudication process for juveniles charged with traffic offenses and other misdemeanors.
MAGISTRATE COSTS--SCHEDULE [DEFINITION OF "CONVICTED"].-- A.
MAGISTRATE COSTS--SCHEDULE.-- A.
Magistrate judges, including metropolitan court h g judges, shall assess and collect and shall not waive, defer or o t hr suspend the following costs:
Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
g e i k [docket fee, criminal actions under Section 29-5-1 NMSA h r i s 1978 .
docket fee, twenty dollars ($20.00) of which shall be deposited in the court automation fund and fifteen dollars ($15.00) of which shall be deposited in the civil legal services fund, to be collected prior to docketing any civil action, except as provided in Subsection A of Section 35-6-3 NMSA 1978 72.00;
$ 1.00;
h , t, e u g docket fee, to be collected prior to docketing any other e b l e e h criminal action, except as provided in Subsection B of n d d i = = o h Section 35-6-3 NMSA 1978..
20.00.
l ] b ,d i a º e r i = r Proceeds from this docket fee shall be transferred to t e w d m a n o the administrative office of the courts for deposit in d m :
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 17 - e a n e d r e l u [ A d HJC/HB 139 the court facilities fund;
] docket fee, twenty dollars ($20.00) of which shall be deposited in the court automation fund and fifteen dollars ($15.00) of which shall be deposited in the civil legal services fund, to be collected prior to docketing any civil action, except as provided in Subsection A of Section 35-6-3 NMSA 1978 72.00;
copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process .
HJC/HB 139/a Page 15 copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process .
and h copying fee, for computer-generated or electronically u » r transferred copies, per page .
and copying fee, for computer-generated or electronically transferred copies, per page .
t h g e Proceeds from this copying fee shall be transferred l i h r i s to the administrative office of the courts for h , e h deposit in the court automation fund.
Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court automation fund.
t u g e b l Except as otherwise specifically provided by law, docket e e , gh n d d i = = o h fees shall be paid into the court facilities fund.
Except as otherwise specifically provided by law, docket fees shall be paid into the court facilities fund.
l ] b ,d i a º r B.
B.
Except as otherwise provided by law, no other costs e r = t e w d or fees shall be charged or collected in the magistrate or m a n o d m :
Except as otherwise provided by law, no other costs or fees shall be charged or collected in the magistrate or metropolitan court.
b r e t º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 18 - e a n e d r e l u [ A d HJC/HB 139 metropolitan court.
[D.
D.
As used in this subsection, "convicted" means the defendant has been found guilty of a criminal charge by the magistrate or metropolitan judge, either after trial, a plea of guilty or a plea of nolo contendere.
Metropolitan court judges shall assess and collect and shall not waive, defer or suspend as costs a mediation fee not to exceed five dollars ($5.00) for the HJC/HB 139/a Page 16 docketing of small claims and criminal actions specified by metropolitan court rule.
Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
(1) corrections fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a h g petty misdemeanor or convicted of violating any ordinance that o t hr may be enforced by the imposition of a term of imprisonment as g e i k follows:
h r i s in a county with a metropolitan court $10.00;
h , t, e u g in a county without a metropolitan court 20.00;
e b l e e h (2) court automation fee, to be collected upon n d d i = = o h conviction from persons convicted of violating any provision of l ] b ,d i a º e r i = r the Motor Vehicle Code involving the operation of a motor t e w d m a n o vehicle, convicted of a crime constituting a misdemeanor or a d m :
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 19 - e a n e d r e l u [ A d HJC/HB 139 petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment 10.00;
(3) traffic safety fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle 3.00;
(4) judicial education fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of imprisonment 3.00;
(5) jury and witness fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime h constituting a misdemeanor or a petty misdemeanor or convicted g o of violating any ordinance punishable by a term of imprisonment t hr g e i k 5.00;
h r i s (6) brain injury services fee, to be collected h , t, upon conviction from persons convicted of violating any e u g e b l e e h provision of the Motor Vehicle Code involving the operation of a n d d i = = o h motor vehicle 5.00;
l ] b ,d i a º e and r i = r t e w d (7) court facilities fee, to be collected upon m a n o d m :
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 20 - e a n e d r e l u [ A d HJC/HB 139 conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:
in a county with a metropolitan court 24.00;
in any other county 10.00.
E.] D.
Metropolitan court judges shall assess and collect and shall not waive, defer or suspend as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of small claims and criminal actions specified by metropolitan court rule.
MAGISTRATE COSTS--ADVANCE PAYMENT.--[A.
MAGISTRATE COSTS--ADVANCE PAYMENT.--Except for parties granted free process because of indigency, any party filing any civil action or requesting services from the magistrate court shall pay in advance the costs required by law to be collected by magistrates." SECTION 14.
] Except h g for parties granted free process because of indigency, any party o t hr filing any civil action or requesting services from the g e i k magistrate court shall pay in advance the costs required by law h r i s to be collected by magistrates.
h , t, e u g [B.
Any person filing a complaint in a criminal action e b l e e h in the magistrate court shall pay in advance the costs required n d d i = = o h by law to be collected by magistrates, except that no costs l ] b ,d i a º e r i = r shall be collected from a person filing a complaint in a t e w d m a n o criminal action alleging domestic violence, a campus security d m :
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 21 - e a n e d r e l u [ A d HJC/HB 139 officer, a municipal police officer, an Indian tribal or pueblo law enforcement officer or from a full-time, salaried county or state law enforcement officer filing the complaint.]" SECTION 14.
MAGISTRATE COSTS--WITNESS FEES--REIMBURSEMENT.-- [A.
MAGISTRATE COSTS--WITNESS FEES-- REIMBURSEMENT.--If the plaintiff prevails in a civil action in the magistrate court, the amount of costs collected by the magistrate in the action shall be added to the judgment entered against the defendant.
] If the plaintiff prevails in a civil action in the magistrate court, the amount of costs collected by the magistrate in the action shall be added to the judgment entered against the defendant.
Witness fees as provided by law for proceedings in the district courts shall be taxed against the losing party in the action, subject to the limitations of the Rules of Civil Procedure for the Magistrate Courts.
Witness fees as provided by law for proceedings in the district courts shall be taxed against the losing party in the action, subject to the limitations of the Rules of Civil Procedure for the Magistrate Courts." SECTION 15.
h [B.
Section 35-6-5 NMSA 1978 (being Laws 1993, HJC/HB 139/a Page 17 Chapter 261, Section 7) is amended to read:
As used in this subsection, "convicted" means the g o defendant has been found guilty of a criminal charge by the t hr g e i k magistrate, either after trial, a plea of guilty or a plea of h r i s nolo contendere.
If the defendant is convicted in any criminal h , t, action in the magistrate court, the magistrate shall attempt to e u g e b l e e h collect from the defendant the docket fee and other fees n d d i = = o h established by law as costs in criminal actions.
If the l ] b ,d i a º e defendant chooses not to contest a penalty assessment r i = r t e w d m a n o misdemeanor pursuant to Section 66-8-116 NMSA 1978, the d m :
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 22 - e a n e d r e l u [ A d HJC/HB 139 magistrate shall not collect the docket fee, but shall collect other costs as provided in Section 35-6-1 NMSA 1978.
Any costs so collected from the defendant shall be paid by the magistrate to the administrative office of the courts, except that if the complaining witness in the action paid such costs upon filing the complaint in the action, the magistrate shall refund the costs paid by the complaining witness.]" SECTION 15.
Section 35-6-5 NMSA 1978 (being Laws 1993, Chapter 261, Section 7) is amended to read:
MAGISTRATE COURT WARRANT ENFORCEMENT FUND--[FEE] ADMINISTRATION--USE OF MONEY IN FUND.-- A.
MAGISTRATE COURT WARRANT ENFORCEMENT FUND-- ADMINISTRATION--USE OF MONEY IN FUND.-- A.
[B.
The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
Upon issuance of a bench warrant, a magistrate court shall assess a fee of one hundred dollars ($100) against the individual whose arrest is commanded by the bench warrant.
B.
h g Money collected pursuant to the fee assessment authorized by o t hr this subsection shall be deposited in the magistrate court g e i k warrant enforcement fund.] The fund consists of gifts, grants, h r i s donations, appropriations and distributions to the fund made h , t, e u g pursuant to the Tax Administration Act.
All balances in the magistrate court warrant enforcement fund are appropriated to the administrative office of the courts for the primary purpose of employing personnel and promoting compliance with court orders.
e b l e e h [C.] B.
All balances in the magistrate court warrant n d d i = = o h enforcement fund are appropriated to the administrative office l ] b ,d i a º e r i = r of the courts for the primary purpose of employing personnel and t e w d m a n o [purchasing equipment and services to aid in the collection of d m :
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 23 - e a n e d r e l u [ A d HJC/HB 139 fines, fees or costs owed to the magistrate courts ] promoting compliance with court orders.
[D.] C.
C.
Payments from the magistrate court warrant enforcement fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the director of the administrative office of the courts.
Payments from the magistrate court warrant enforcement fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the director of the administrative HJC/HB 139/a Page 18 office of the courts.
[E.] D.
D.
Any balance remaining in the magistrate court warrant enforcement fund at the end of a fiscal year shall not h revert to the state general fund." g o SECTION 16.
Any balance remaining in the magistrate court warrant enforcement fund at the end of a fiscal year shall not revert to the state general fund." SECTION 16.
Section 35-7-4 NMSA 1978 (being Laws 1968, t hr g e i k Chapter 62, Section 99, as amended) is amended to read:
Section 35-7-4 NMSA 1978 (being Laws 1968, Chapter 62, Section 99, as amended) is amended to read:
h r i s "35-7-4.
"35-7-4.
MAGISTRATE ADMINISTRATION--MONTHLY REMITTANCES.-- h , t, Each magistrate court shall pay to the administrative office of e u g e b l e e h the courts, not later than the date each month established by n d d i = = o h regulation of the director of the administrative office, the l ] b ,d i a º e amount of all fines, forfeitures and costs collected by the r i = r t e w d m a n o court during the previous month, except for amounts disbursed in d m :
MAGISTRATE ADMINISTRATION--MONTHLY REMITTANCES.--Each magistrate court shall pay to the administrative office of the courts, not later than the date each month established by regulation of the director of the administrative office, the amount of all fines, forfeitures and costs collected by the court during the previous month, except for amounts disbursed in accordance with law.
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 24 - e a n e d r e l u [ A d HJC/HB 139 accordance with law.
The administrative office shall deposit the amount of all costs assessed prior to July 1, 2024 and collected on or after July 1, 2024, except all costs collected pursuant to [Subsections D and ] Subsection E of Section 35-6-1 NMSA 1978, for credit to the general fund.
The administrative office shall deposit the amount of all costs assessed prior to July 1, 2024 and collected on or after July 1, 2024, except all costs collected pursuant to Subsection E of Section 35-6-1 NMSA 1978, for credit to the general fund.
The amount of all costs collected pursuant to [Subsections D and ] Subsection E of Section 35-6-1 NMSA 1978 shall be credited [as follows:
The amount of all costs collected pursuant to Subsection E of Section 35-6-1 NMSA 1978 shall be credited to the metropolitan court mediation fund." HJC/HB 139/a Page 19 SECTION 17.
A.
the amount of all costs collected pursuant to Paragraph (1) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the local government corrections fund;
B.
the amount of all costs collected pursuant to Paragraph (2) of Subsection D of Section 35-6-1 NMSA 1978 for h g credit to the court automation fund;
o t hr C.
the amount of all costs collected pursuant to g e i k Paragraph (3) of Subsection D of Section 35-6-1 NMSA 1978 for h r i s credit to the traffic safety education and enforcement fund;
h , t, e u g D.
the amount of all costs collected pursuant to e b l e e h Paragraph (4) of Subsection D of Section 35-6-1 NMSA 1978 for n d d i = = o h credit to the judicial education fund;
l ] b ,d i a º e r i = r E.
the amount of all costs collected pursuant to t e w d m a n o Paragraph (5) of Subsection D of Section 35-6-1 NMSA 1978 for d m :
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 25 - e a n e d r e l u [ A d HJC/HB 139 credit to the jury and witness fee fund;
F.
the amount of all costs collected pursuant to Paragraph (6) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the brain injury services fund;
G.
the amount of all costs collected pursuant to Paragraph (7) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the court facilities fund;
and H.
the amount of all costs collected pursuant to Subsection E of Section 35-6-1 NMSA 1978 for credit] to the metropolitan court mediation fund." SECTION 17.
Except for municipalities with a population of fewer than two thousand five hundred or more than five thousand persons in the most recent federal decennial census lying within h the boundaries of a class A county with a population of more g o than two hundred thousand persons in the most recent federal t hr g e i k decennial census and municipalities that have adopted an h r i s effective ordinance pursuant to Subsection D of this section, h , t, there is established a municipal court in each incorporated e u g e b l e e h municipality.
Except for municipalities with a population of fewer than two thousand five hundred or more than five thousand persons in the most recent federal decennial census lying within the boundaries of a class A county with a population of more than two hundred thousand persons in the most recent federal decennial census and municipalities that have adopted an effective ordinance pursuant to Subsection D of this section, there is established a municipal court in each incorporated municipality.
The municipal courts shall be presided over by n d d i = = o h municipal judges.
The municipal courts shall be presided over by municipal judges.
As used in Chapter 35, Articles 14 and 15 l ] b ,d i a º e NMSA 1978, "municipality" includes H class counties.
As used in Chapter 35, Articles 14 and 15 NMSA 1978, "municipality" includes H class counties.
r i = r t e w d m a n o B.
B.
The governing body of a municipality that is not d m :
The governing body of a municipality that is not governed by home rule, territorial or special charter and having a population fewer than ten thousand persons in the most recent federal decennial census, where the municipal court is located twenty-five or fewer miles from the nearest magistrate court, may by resolution express its intent to designate the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances.
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 26 - e a n e d r e l u [ A d HJC/HB 139 governed by home rule, territorial or special charter and having a population fewer than ten thousand persons in the most recent federal decennial census, where the municipal court is located twenty-five or fewer miles from the nearest magistrate court, may by resolution express its intent to designate the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances.
Within fifteen days from the adoption of a resolution pursuant to this section, the governing body HJC/HB 139/a Page 20 of the municipality shall create a "municipal ordinance jurisdiction advisory committee".
Within fifteen days from the adoption of a resolution pursuant to this section, the governing body of the municipality shall create a "municipal ordinance jurisdiction advisory committee".
and h g (5) three members of the public, each selected by o t hr the mayor, the governing body and the municipal judge.
and (5) three members of the public, each selected by the mayor, the governing body and the municipal judge.
g e i k C.
C.
A municipal ordinance jurisdiction advisory h r i s committee shall:
A municipal ordinance jurisdiction advisory committee shall:
h , t, e u g (1) hold at least one public hearing on the e b l e e h question of designating the magistrate court of the county in n d d i = = o h which the municipality is located as the court having l ] b ,d i a º e r i = r jurisdiction over municipal ordinances;
(1) hold at least one public hearing on the question of designating the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances;
t e w d m a n o (2) hear testimony from all interested persons, d m :
(2) hear testimony from all interested persons, including the mayor, the governing body and the municipal judge;
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 27 - e a n e d r e l u [ A d HJC/HB 139 including the mayor, the governing body and the municipal judge;
Following receipt of a report from the municipal ordinance jurisdiction advisory committee, the governing body of a municipality may, subject to approval by the supreme court, adopt an ordinance upon a three-fourths' majority vote to designate the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances.
Following receipt of a report from the HJC/HB 139/a Page 21 municipal ordinance jurisdiction advisory committee, the governing body of a municipality may, subject to approval by the supreme court, adopt an ordinance upon a three-fourths' majority vote to designate the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances.
Within five days after the effective date of an h ordinance adopted pursuant to Subsection D of this section, the g o governing body of the municipality shall:
Within five days after the effective date of an ordinance adopted pursuant to Subsection D of this section, the governing body of the municipality shall:
t hr g e i k (1) forward a copy of the ordinance to the h r i s magistrate court and to the administrative office of the courts;
(1) forward a copy of the ordinance to the magistrate court and to the administrative office of the courts;
h , t, and e u g e b l e e h (2) provide to the magistrate court copies of all n d d i = = o h municipal ordinances over which the magistrate court will have l ] b ,d i a º e jurisdiction.
and (2) provide to the magistrate court copies of all municipal ordinances over which the magistrate court will have jurisdiction.
r i = r t e w d F.
F.
A magistrate court designated pursuant to m a n o d m :
A magistrate court designated pursuant to Subsection D of this section shall, with respect to ordinances of the municipality:
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 28 - e a n e d r e l u [ A d HJC/HB 139 Subsection D of this section shall, with respect to ordinances of the municipality:
and (2) impose no fine or sentence greater than that permitted for municipalities [(3) remit monthly to the state the court automation and judicial education fees collected pursuant to Subsection B of Section 35-14-11 NMSA 1978 as a result of enforcement of municipal ordinances;
and (2) impose no fine or sentence greater than HJC/HB 139/a Page 22 that permitted for municipalities.
and (4) remit monthly to the municipality the corrections fee collected pursuant to Subsection B of Section 35-14-11 NMSA 1978 as a result of the enforcement of municipal ordinances].
Any municipality that has passed an ordinance designating the magistrate court of the county in which the h g municipality is located as the court having jurisdiction over o t hr municipal ordinances may re-establish the municipal court as the g e i k court having jurisdiction over municipal ordinances through the h r i s following procedures:
Any municipality that has passed an ordinance designating the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances may re-establish the municipal court as the court having jurisdiction over municipal ordinances through the following procedures:
h , t, e u g (1) the governing body of the municipality may e b l e e h pass an ordinance rescinding the designation that was made n d d i = = o h pursuant to Subsection B of this section;
(1) the governing body of the municipality may pass an ordinance rescinding the designation that was made pursuant to Subsection B of this section;
or l ] b ,d i a º e r i = r (2) following receipt of a petition signed by at t e w d m a n o least twenty percent of the registered voters who voted in the d m :
or (2) following receipt of a petition signed by at least twenty percent of the registered voters who voted in the last municipal election for the office of mayor:
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 29 - e a n e d r e l u [ A d HJC/HB 139 last municipal election for the office of mayor:
Section 66-8-119 NMSA 1978 (being Laws 1968, Chapter 62, Section 159, as amended) is amended to read:
Section 66-8-119 NMSA 1978 (being Laws 1968, Chapter 62, Section 159, as amended) is amended to HJC/HB 139/a Page 23 read:
The division shall remit all penalty assessment receipts [except receipts collected pursuant to Subsections A through I of Section 66-8-116.3 NMSA 1978] to the state h treasurer for credit to the general fund.
The division shall remit all penalty assessment receipts to the state treasurer for credit to the general fund.
g o B.
B.
The division shall remit all penalty assessment fee t hr g e i k receipts assessed prior to July 1, 2024 and collected [pursuant h r i s to:
The division shall remit all penalty assessment fee receipts assessed prior to July 1, 2024 and collected on or after July 1, 2024 to the state treasurer for credit to the general fund." SECTION 19.
h , t, (1) Subsection A of Section 66-8-116.3 NMSA 1978 e u g e b l e e h to the state treasurer for credit to the local government n d d i = = o h corrections fund;
REPEAL.--Sections 31-12-6 through 31-12-8, 31-12-11, 31-12-13, 35-14-11 and 66-8-116.3 NMSA 1978 (being Laws 1858-1859, p.
l ] b ,d i a º e (2) Subsection B of Section 66-8-116.3 NMSA 1978 r i = r t e w d m a n o to the state treasurer for credit to the court automation fund;
d m :
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 30 - e a n e d r e l u [ A d HJC/HB 139 (3) Subsection C of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the traffic safety education and enforcement fund;
(4) Subsection D of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the judicial education fund;
(5) Subsection E of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the jury and witness fee fund;
(6) Subsection F of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the juvenile adjudication fund;
(7) Subsection G of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the brain injury services fund;
(8) Subsection H of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court facilities fund;
h g and o t hr (9) Subsection I of Section 66-8-116.3 NMSA 1978 g e i k to the state treasurer for credit to the magistrate courts h r i s operations fund] on or after July 1, 2024 to the state treasurer h , t, e u g for credit to the general fund." e b l e e h SECTION 19.
REPEAL.--Sections 31-12-6 through 31-12-8, n d d i = = o h 31-12-11, 31-12-13, 35-14-11 and 66-8-116.3 NMSA 1978 (being l ] b ,d i a º e r i = r Laws 1858-1859, p.
t e w d m a n o Laws 2003, Chapter 387, Section 1;
Laws 2003, Chapter 387, Section 1;
Laws 2015, Chapter 10, d m :
Laws 2015, Chapter 10, Section 3;
b e d s º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e - 31 - e a n e d r e l u [ A d HJC/HB 139 Section 3;
The effective date of the provisions of Sections 1, and 6 of this act is June 16, 2023.
The effective date of the provisions of Sections 1, 5 and 6 of this act is June 16, 2023.
- 32 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
HJC/HB 139/a Page 24 25
b r e t º o t n = .225581.2AIC March 5, 2023 (11:33am) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed Senate

  3. DO PASS committee report adopted

  4. Sent to Senate Finance Committee

  5. passed House

  6. floor substitute adopted (1 amendment)

  7. DO NOT PASS, replaced with committee substitute

  8. special

  9. DO PASS committee report adopted

  10. DO PASS committee report adopted

  11. Sent to House Judiciary Committee & House Appropriations & Finance Committee

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 139 do?
The bill removes court fees that individuals have to pay when they file cases in court. This aims to make the legal process more accessible to everyone.
Who sponsors HB 139?
HB 139 is sponsored by Micaela Lara Cadena (Democrat).
What is the current status of HB 139?
This bill has been enacted into law. Introduced January 23, 2023. Enacted.
Where can I track HB 139?
Track HB 139 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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