UNIFORM INVESTIGATIVE DEMAND PROCEDURE
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HB 62 — UNIFORM INVESTIGATIVE DEMAND PROCEDURE
Last action — action postponed indefinitely
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
593 added · 477 removedPlain-language change summary
The latest version of HB 62 includes an updated introduction that clearly states the bill may incorporate amendments from committee discussions, even if they haven't been officially adopted yet. Additionally, the bill specifies that it introduces a uniform investigative demand procedure, which aims to standardize how civil investigative demands are handled in New Mexico. These changes are important because they promote clarity in the legislative process and ensure consistent procedures across various investigations, potentially improving efficiency and transparency in legal matters.
HOUSE BILL 62 57TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Christine Chandler 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby CIVILa INVESTIGATIVEcommittee, DEMANDS;but not yet adopted, as well as amendments that have been adopted during the current legislative session.
ESTABLISHINGThe Adocument UNIFORMis INVESTIGATIVEa DEMANDtool PROCEDURE;to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
MAKINGh TECHNICALAN ANDACT CONFORMINGg CHANGES;o RELATING TO CIVIL INVESTIGATIVE DEMANDS;
AMENDING,ESTABLISHING REPEALINGA ANDUNIFORM ENACTINGt SECTIONShr OFg THEe NMSAi 1978.k INVESTIGATIVE DEMAND PROCEDURE;
16MAKING BETECHNICAL ITAND ENACTEDCONFORMING BYh THEr LEGISLATUREi OFs THECHANGES; STATE OF NEW MEXICO:
eAMENDING, tREPEALING 17AND SECTIONENACTING 1.SECTIONS OF THE NMSA h , t, 1978.
Ae newu sectiong ofe Chapterb 8,l Articlee 5e NMSAh w l n d 18d 1978i is= enacted= too read:h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
= = 19 a l "[NEW] MATERIAL]b CIVIL,d INVESTIGATIVE DEMAND.-- i a º e rSECTION 201. A.
WhenA therenew issection reasonof toChapter believe8, thatArticle a5 personNMSA ar ti m= m 21 may be in possession, custody or control of any document or d r et 22 other tangible object relevant to the subject matter of a civil c e sw kd 23m investigation by the state department of justice, the attorney e a n bo 241978 generalis may,enacted before initiating a civil proceeding, execute in u [ writing and cause to beread: served on the person a civil .229219.1SA investigative demand that requires the person to answer written interrogatories under oath or to produce the document or object for inspection and copying.
B.d m :
Theb civile investigatived demands ofº theo attorneyt generaln shall= not.229219.1SAAIC beFebruary a19, matter2025 of(8:40pm) publics recordk andm shalle note bea publishedn bye thed attorneyr generale exceptl byu order[ ofA thed court."[NEW MATERIAL] CIVIL INVESTIGATIVE DEMAND.-- A.
C.When there is reason to believe that a person may be in possession, custody or control of any document or other tangible object relevant to the subject matter of a civil investigation by the state department of justice, the attorney general may, before initiating a civil proceeding, HGEICº execute»HGEIC HGEICºapply to the district court of Santa Fe county for approval to issue a civil investigative demand.
The district court shall approve the issuance of a civil investigative demand if it finds that there is a basis for the civil investigation and that there is reason to believe the person has information, documents or objects relevant to the investigation.
Once approved, the attorney general may demand»HGEIC in writing and cause to be served on the person a civil investigative demand that requires the person to answer written interrogatories under oath or to produce the document h or object for inspection and copying.
HGEICº Court approval to u » r issue a civil investigative demand extends to all demands to t h g e l i the person within the scope of the same investigation.»HGEIC h r i s B.
The civil investigative demand of the attorney h , e h t u g general HGEICºand all court records, including dockets, e b l e e , gh applications, petitions, motions and other papers filed n d d i = = o h pursuant to this section,»HGEIC shall not be a matter of public l ] b ,d i a º r e r = record and shall not be published by the attorney general t e w d m a n o except by order of the court.
d m :
b r e t º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e - 2 - e a n e d r e l u [ A d C.
(3) prescribe the date on which material is to be produced, which in no case shall be less than tenHGEICº ten»HGEIC HGEICºfifteen»HGEIC days after the date of service;
and (4) identify the member of the attorney general's staff to whom the documentary material is to be e t 17 produced.
w l n d 18 D.
= = 19 a l (1) contain a requirement that would be i a e r 20 unreasonable or improper if contained in a subpoena duces tecum a t m m 21 issued by a court of this state;
dh r e 22 (2) require the disclosure of HGEICº testimony org co et shr kor 23documentary»HGEIC documentary material that would be privileged or that forg any e ai nk bfor 24any other reason would not be required by a subpoena duces tecumh ur [i s tecum issued by a court of this state;
or .229219.1SAh -, 2t, -e u g (3) require the removal of any documentary e b l e e h material from the custody of the person upon whom the demand is n d d i = = o h served except in accordance with the provisions of Subsection F l ] b ,d i a º e of this section.
r i = r t e w d m a n o E.
Service of the civil investigatory demand may be maded by:m :
b e d s º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e - 3 - e a n e d r e l u [ A d made by:
(3) mailing by registered or certified mail a duly executed copy addressed to the person to be served at the person's principal place of business in this state, or, if the e t 17 person has no place of business in this state, to the person's w l n d 18 principal office or place of business;
or = = 19 a l (4) otherwise serving a duly executed copy in i a e r 20 the manner required for service of process in this state.
a t m m 21 F.
Documentary material demanded pursuant to the dh r e 22 provisions of this section shall be produced for inspection and cu e» sr k 23 copying during normal business hours at the principal office or et ah ng be 24l i place of business of the person served or may be inspected and uh [r i s copied at other times and places as may be agreed upon by the .229219.1SAh -, 3e -h person served and the attorney general.
t u g e b l e e , gh G.
No documentary material or answers to interrogatoriesn producedd pursuantd toi a= civil= investigatoryo demandh orinterrogatories copies of documentary material or answers shall be produced forpursuant inspectionto ora copyingcivil byinvestigatory anyonel other] thanb an,d authorizedi employee or agent of the attorney general unless ordered by a court,º forr gooddemand cause shown, or uponcopies agreement between the person served and the attorney general, nor shall the contents of the documentary material or answers shall be disclosede tor anyone= othert thane anw authorizedd employeem ora agentn ofo theproduced attorneyfor general,inspection authorized employees of any state or federalcopying lawby enforcementanyone agencyother orthan in a court in an actiond relatingm to: a violation of state law.
b r e t º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e - 4 - e a n e d r e l u [ A d authorized employee or agent of the attorney general unless ordered by a court, for good cause shown, or upon agreement between the person served and the attorney general, nor shall the contents of the documentary material or answers be disclosed to anyone other than an authorized employee or agent of the attorney general, authorized employees of any state or federal law enforcement agency or in a court in an action relating to a violation of state law.
At any time before the return date of the civil investigatory demand, a petition to set aside the demand, modify the demand or extend the return date may be filed in the e t 17 district court of Santa Fe county, and the court on a showing w l n d 18 of good cause may set aside the demand, modify the demand or = = 19 a l extend the return date of the demand.
i a e r 20 I.
After service of the civil investigative demand a t m m 21 on a person, if a person neglects or refuses to comply with the dh r e 22 demand, the attorney general may invoke the aid of the court in cu e» sr k 23 the enforcement of the demand.
In appropriate cases, the court et ah ng be 24l i shall issue its order requiring the person to appear and uh [r i s produce the documentary material required in the demand and .229219.1SAh -, 4e -h may, on failure of the person to comply with the order, punish t u g e b l e e , gh the person for contempt.
n d d i = = o h J.
This section shall not be applicable to criminal l ] b ,d i a º r prosecutions." e r = t e w d m a n o SECTION 2.
Show all 101 changed lines (61 more)
Section 6-4-22 NMSA 1978 (being Laws 2003, Chapterd 114,m Section: 9, as amended) is amended to read:
b r e t º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e - 5 - e a n e d r e l u [ A d Chapter 114, Section 9, as amended) is amended to read:
e t 17 B.
The secretary may revoke or suspend the w l n d 18 registration or license of a person licensed or registered = = 19 a l pursuant to Section 7-12-9.1 or 7-12A-7 NMSA 1978 that violates i a e r 20 Subsection A of this section.
a t m m 21 C.
Each stamp affixed, payment of tobacco tax, dh r e 22 offer to sell, possession for any purpose other than personal cg eo st khr 23 use or sale of cigarettes in violation of Subsection A of this g e ai nk b 24 section constitutes a separate violation.
For each violation, uh [r i s the secretary may impose a civil penalty in an amount not to .229219.1SAh -, 5t, - exceed the greater of five thousand dollars ($5,000) or five e u g e b l e e h hundred percent of the retail value of the cigarettes sold, n d d i = = o h offered for sale or possessed for any purpose other than l ] b ,d i a º e personal use.
r i = r t e w d m a n o D.
Cigarettes that have been sold, offered for sale ord possessedm for: any purpose other than personal use in this state in violation of Subsection A of this section are contraband, are subject to seizure and forfeiture and shall be destroyed.
b e d s º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e - 6 - e a n e d r e l u [ A d or possessed for any purpose other than personal use in this state in violation of Subsection A of this section are contraband, are subject to seizure and forfeiture and shall be destroyed.
e t 17 F.
A tobacco product manufacturer, stamping agent w l n d 18 or importer of cigarettes, or any officer, employee or agent of = = 19 a l any such entity, who knowingly makes any materially false i a e r 20 statement in any record required by the Tobacco Escrow Fund Act a t m m 21 or Section 6-4-13 NMSA 1978 to be filed with the attorney dh r e 22 general is guilty of a fourth degree felony and upon conviction cu e» sr k 23 shall be sentenced pursuant to the provisions of Section et ah ng be 24l i 31-18-15 NMSA 1978.
uh [r i s G.
The attorney general or the department may seek .229219.1SAh -, 6e -h an injunction to compel compliance with or to restrain a t u g e b l e e , gh threatened or actual violation of Subsection A of this section.
n d d i = = o h In any action brought pursuant to this subsection, the state l ] b ,d i a º r shall be entitled to recover the costs of investigation, costs e r = t e w d m a n o of the action and reasonable attorney fees, if the state prevails.d m :
b r e t º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e - 7 - e a n e d r e l u [ A d prevails.
The attorney general may, prior to the institution of a civil proceeding, execute in writing and cause to be served upon the person a civil investigative demand requiring e t 17 the person to produce documentary material and permit the w l n d 18 inspection and copying of the material.
= = 19 a l I.] H.
For the purposes of this section, fewer than i a e r 20 one thousand cigarettes shall be presumed to be for personal a t m m 21 use." dh r e 22 SECTION 3.
Section 6-27-9 NMSA 1978 (being Laws 2015, cu e» sr k 23 Chapter 69, Section 9) is amended to read:
et ah ng be 24l i "6-27-9.
INVESTIGATION OF AFFORDABLE HOUSING ACT uh [r i s VIOLATIONS--PENALTIES--REMEDIES.-- .229219.1SAh -, 7e -h A.
The attorney general shall investigate an t u g e b l e e , gh alleged violation of the Affordable Housing Act reported by the n d d i = = o h authority.
[If the attorney general has reasonable belief that l ] b ,d i a º r a person is in possession, custody or control of an original or copye ofr a= documentt ore recording,w includingd am record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording that the attorney general believes to be relevant to the subject matter of an investigation of a probablen violationo ofcopy the Affordable Housing Act, the attorney general may, prior to the institution of a civildocument proceeding,or executerecording, inincluding writing and cause to be served upon the person a civilrecord, investigativereport, demandd requiringm the: person to produce for inspection or copying the document or recording.] B.
Ifb ther attorneye generalt hasº reasonableo belieft thatn a= person.229219.1SAAIC hasFebruary violated19, a2025 provision(8:40pm) ofs thek Affordablem e t- 178 Housing- Acte anda thatn institutinge ad proceedingr againste thatl wu l[ nA d 18memorandum, personpaper, wouldcommunication, betabulation, inmap, thechart, publicphotograph, interest,mechanical transcription or other tangible document or recording that the attorney general =believes =to 19be arelevant lto maythe bringsubject amatter civilof actionan oninvestigation behalfof a probable violation of the stateAffordable allegingHousing Act, the attorney general may, prior to the institution of a icivil proceeding, execute in writing and cause to be served upon the person a ecivil rinvestigative 20demand violationrequiring ofthe person to produce for inspection or copying the Affordabledocument Housingor Act.recording.] B.
TheIf actionthe mayattorney begeneral ahas treasonable mbelief mthat 21a broughtperson inhas theviolated districta courtprovision of the countyAffordable inHousing whichAct theand personthat dinstituting ra eproceeding 22against allegedthat toperson havewould violatedbe thatin actthe residespublic orinterest, inthe whichattorney thegeneral cmay ebring sa kcivil 23action person'son principalbehalf placeof the state alleging a violation of businessthe isAffordable located.Housing Act.
The attorneyaction emay abe nbrought bin 24the generaldistrict shallcourt notof bethe requiredcounty toin postwhich bondthe whenperson seekingh aalleged uto [have temporaryviolated orthat permanentact injunctionresides or in which the civilu action.» r person's principal place of business is located.
.229219.1SAThe -attorney 8t -h C.g e l i general shall not be required to post bond when seeking a h r i s temporary or permanent injunction in the civil action.
Theh attorney, generale may,h inC. addition to or as an alternative to pursuing a civil action, as provided in this section, pursue criminal charges against a person for an alleged violation of the Affordable Housing Act under the applicable provisions of the Criminal Code.
VenueThe forattorney anygeneral criminalmay, actionin shalladdition beto or as t u g e b l e e , gh an alternative to pursuing a civil action, as provided in this n d d i = = o h section, pursue criminal charges against a person for an l ] b ,d i a º r alleged violation of the judicialAffordable districtHousing whereAct under the violatione occurred.r = t e w d m a n o applicable provisions of the Criminal Code.
Venue for any d m :
b r e t º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e - 9 - e a n e d r e l u [ A d criminal action shall be in the judicial district where the violation occurred.
As used in this section, "person" means an individual, including a municipal or county government employee e t 17 or elected official, or a corporate entity, including any w l n d 18 organization formed under state law to carry out business or = = 19 a l other activities." i a e r 20 SECTION 4.
Section 57-22-9.1 NMSA 1978 (being Laws 1999, a t m m 21 Chapter 124, Section 16) is amended to read:
dh r e 22 "57-22-9.1.
[INVESTIGATIVE DEMAND]DEMAND ] CIVIL PENALTY.-- cu e» sr k 23 [A.
Whenever the attorney general has reason to et ah ng be 24l i believe that any person may be in possession, custody or uh [r i s control of information or documentary material, including an .229219.1SAh -, 9e -h original or copy of any book, record, report, memorandum, t u g e b l e e , gh paper, communication, tabulation, chart, photograph, mechanical n d d i = = o h transcription or other tangible document or recording, that the l ] b ,d i a º r attorney general believes to be relevant to the subject matter ofe anr investigation= oft ae probablew violationd ofm thea Charitablen Solicitationso Act,of thean attorneyinvestigation general may, prior to the institution of a civilprobable proceeding,violation executeof in writing and cause to be served upon the personCharitable ad civilm investigative: demand.
b r e t º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e - 10 - e a n e d r e l u [ A d Solicitations Act, the attorney general may, prior to the institution of a civil proceeding, execute in writing and cause to be served upon the person a civil investigative demand.
e t 17 (2) describe with reasonable certainty the w l n d 18 information or documentary material to be provided;
= = 19 a l (3) identify the time period within which the i a e r 20 information or documentary material is to be provided, which in a t m m 21 no case shall be less than ten days after the date of service dh r e 22 of the demand;
and cg eo st khr 23 (4) state the date on which any documentary g e ai nk b 24 material shall be available for inspection and copying.
uh [r i s C.
.229219.1SAh -, 10t, - (1) contain any requirement that would be e u g e b l e e h unreasonable or improper if contained in a subpoena duces tecum n d d i = = o h issued by a court of the state;
l ] b ,d i a º e (2) require the disclosure of any documentary materialr thati would= ber privilegedt ore thatw ford anym othera reasonn wouldo notmaterial bethat requiredwould bybe aprivileged subpoenaor ducesthat tecumfor byany aother courtreason ofd them state;:
b e d s º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e - 11 - e a n e d r e l u [ A d would not be required by a subpoena duces tecum by a court of the state;
e t 17 (2) delivering a duly executed copy of the w l n d 18 demand to the principal place of business in New Mexico of the = = 19 a l person to be served;
or i a e r 20 (3) mailing by registered mail or certified a t m m 21 mail a duly executed copy of the demand addressed to the person dh r e 22 to be served at his principal place of business in the state cu e» sr k 23 or, if the person has no place of business in the state, to his et ah ng be 24l i principal place of business.
uh [r i s E.
Documentary material demanded pursuant to .229219.1SAh -, 11e -h Subsection A of this section shall be produced for inspection t u g e b l e e , gh and copying during normal business hours at the principal place n d d i = = o h of business of the person served or may be inspected and copied l ] b ,d i a º r at such other times and places as may be agreed upon by the e r = t e w d m a n o person served and the attorney general.
F.d m :
b r e t º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e - 12 - e a n e d r e l u [ A d F.
e t 17 G.
At any time before the return date of the w l n d 18 demand, a petition to set aside the demand, modify the demand = = 19 a l or extend the return date on the demand may be filed in the i a e r 20 district court in the county in which the person resides or has a t m m 21 his principal place of business or is about to perform or is dh r e 22 performing the practice that is alleged to be unlawful under cu e» sr k 23 the Charitable Solicitations Act, and the court upon showing of et ah ng be 24l i good cause may set aside the demand, modify it or extend the uh [r i s return date on the demand.
.229219.1SAh -, 12e -h H.
If after service of the demand the person t u g e b l e e , gh neglects or refuses to comply with the demand, the attorney n d d i = = o h general may invoke the aid of the court in the enforcement of l ] b ,d i a º r the demand.
e r = t e w d m a n o I.
This section shall not be applicable to criminal prosecutions.d m :
b r e t º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e - 13 - e a n e d r e l u [ A d prosecutions.
REPEAL.--Sections 47-6-25.1, 57-1-5, 57-12-12, 57-13-9 and 57-15-6 NMSA 1978 (being Laws 1981, Chapter 148, Section 7, Laws 1979, Chapter 374, Section 6, Laws 1967, Chapter 268, Section 10, Laws 1973, Chapter 377, Section 9 and e t 17 Laws 1967, Chapter 270, Section 2, as amended) are repealed.
w- l14 n- dh 18u -» 13r -t =h =g 19e a l i ah e r 20i as h , e h t mu mg 21e db rl e 22e c, gh n d d i = = o h l ] b ,d i a º r e sr k= 23t e w d m a n bo 24d um [: .229219.1SA
b r e t º o t n = .229219.1SAAIC February 19, 2025 (8:40pm) s k m e e a n e d r e l u [ A d
Show all 101 changed rows (61 more)
View plain text versions (2)
- Amended Amendments in Context Current pdf
- Introduced introduced version pdf
Action History
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action postponed indefinitely
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DO PASS committee report adopted
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DO PASS, as amended, committee report adopted
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Sent to House Government, Elections and Indian Affairs Committee & House Judiciary Committee
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Sent to House Pre-file
Sponsors
- Christine Chandler · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 111 not signed on
Sponsors (1)
- Christine Chandler Democrat
Co-sponsors (0)
None.
Not signed on (111)
111 members have not signed on to this bill.
Show all 111 →"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.
Subjects
Frequently asked questions
- Who sponsors HB 62?
- HB 62 is sponsored by Christine Chandler (Democrat).
- What is the current status of HB 62?
- This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 62?
- Track HB 62 free on One Click Politics — get push/email alerts when it moves.
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