HB 235 — RAISE MUNICIPAL COURT AUTOMATION FEE

HOUSE BILL 235 53RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION , 2018 INTRODUCED BY Stephanie Garcia Richard 6 8 10 AN ACT RELATING TO COURTS;

145 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e t 17 "35-14-11.

MUNICIPAL ORDINANCE--COURT COSTS-- w l n d 18 COLLECTION--PURPOSE.-- = = 19 A.

Every municipality shall enact an ordinance a l i a e r 20 requiring assessment of corrections fees, judicial education a t m m 21 fees and court automation fees to be collected as court costs d r e 22 and used as provided in this section.

c e s k 23 B.

A municipal judge shall collect the following e a n b 24 costs:

u [ (1) a corrections fee of twenty dollars .209825.1 ($20.00);

and (3) a court automation fee of [six dollars ($6.00)] ten dollars ($10.00).

6 C.

The fees are to be collected upon conviction from persons convicted of violating any ordinance relating to the operation of a motor vehicle or any ordinance that may be HB 235 enforced by the imposition of a term of imprisonment.

Page 1 D.

(2) the construction planning, construction, operation and maintenance of a municipal jail or juvenile e e 17 detention facility;

e e n d 18 (3) paying the cost of housing municipal = = l ] 19 prisoners in a county jail or detention facility or housing a l r i 20 juveniles in a detention facility;

t e a t (4) complying with match or contribution m m 21 e d r e 22 requirements for the receipt of federal funds relating to jails c e r c 23 or juvenile detention facilities;

e a n b 24 (5) providing inpatient treatment or other u [ substance abuse programs in conjunction with or as an .209825.1 - 2 - alternative to jail sentencing;

If a municipality with a population less than ten thousand according to the most recent federal decennial census has a balance in its special fund pursuant to Subsection D of this section that is over the amount HB 235 Page 2 projected to be needed for the next fiscal year for the purposes set forth in that subsection, the municipality may transfer the unneeded balance to the municipality's general fund.

All money collected pursuant to Paragraph (2) of e e 17 Subsection B of this section shall be remitted monthly to the e e n d 18 state treasurer for credit to the judicial education fund and = = l ] 19 shall be used for the education and training, including a l r i 20 production of bench books and other written materials, of t e a t municipal judges and other municipal court employees.

m m 21 e d r e 22 H.

All money collected pursuant to Paragraph (3) of c e r c 23 Subsection B of this section shall be remitted monthly to the e a n b 24 state treasurer for credit to the municipal court automation u [ fund and shall be used for the purchase, maintenance and .209825.1 - 3 - operation of court automation systems in the municipal courts.

HB 235 Page 3 I.

As used in this section, "convicted" means the defendant has been found guilty of a criminal charge by a municipal judge, either after trial, a plea of guilty or a plea of nolo contendere." -HB 4235 -Page 134 156 e8 e25 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .209825.1