HOUSE BILL 178
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Emily Kane
AN ACT
RELATING TO CRIMINAL CITATIONS; PROVIDING FOR THE USE OF ELECTRONIC CITATIONS; ASSESSING AN ELECTRONIC CITATION FEE TO PERSONS CONVICTED OF CERTAIN CRIMES; PROVIDING FOR DEPOSIT OF ELECTRONIC CITATION FEES IN THE COURT AUTOMATION FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 31-1-6 NMSA 1978 (being Laws 1973, Chapter 73, Section 4, as amended) is amended to read:
"31-1-6. CITATION IN LIEU OF ARREST WITHOUT A WARRANT.--
A. A law enforcement officer who arrests a person without a warrant for a petty misdemeanor or any offense under Chapter 17 NMSA 1978 may offer the person arrested the option of accepting a citation to appear in lieu of taking [him] the person to jail.
B. A citation issued pursuant to this section shall contain the name and address of the cited person, the offense charged and the time and place to appear. The citation may be a paper citation or the equivalent electronic version of a paper citation. Unless the person requests an earlier date, the time specified in the citation shall be at least three days after issuance of the citation. The law enforcement officer shall explain the person's rights not to sign a citation, the effect of not signing the citation, the effect of signing the citation and the effect of failing to appear at the time and place stated on the citation.
C. The person's signature on the citation constitutes a promise to appear at the time and place stated in the citation. One copy of the citation to appear shall be delivered to the person cited, and the law enforcement officer shall keep a duplicate copy [which he shall file] for filing with the court as soon as practicable.
D. A law enforcement officer who prepares a citation pursuant to this section may use a paper citation form or an electronic citation form to record the information required by this section. Regardless of the form of citation used, a physical copy of the citation shall be delivered to the person cited as required by this section. An electronic citation may be signed electronically and the law enforcement officer's copy of a citation may be filed with the court electronically.
[D.] E. A citation issued pursuant to this section is a valid complaint if the person receiving it appears in court.
[E.] F. It is a petty misdemeanor for a person signing a citation not to appear at the time and place stated in the citation regardless of the disposition of the offense for which the citation was issued. A written promise to appear may be complied with by appearance of counsel."
SECTION 2. A new section of Chapter 31, Article 12 NMSA 1978 is enacted to read:
"[NEW MATERIAL] ELECTRONIC CITATION FEES--DEPOSIT IN THE COURT AUTOMATION FUND.--In addition to any other fees collected in the district court, metropolitan court and magistrate court, those courts shall assess and collect from a person convicted of a penalty assessment misdemeanor, traffic violation, petty misdemeanor or misdemeanor offense an "electronic citation fee" of five dollars ($5.00). Electronic citation fees shall be deposited in the court automation fund."
SECTION 3. Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62, Section 92, as amended) is amended to read:
"35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF
"CONVICTED".--
A. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
docket fee, criminal actions under Section 29-5-1 NMSA 1978. . . . . . . . . . . . . . . . . . . . $ 1.00;
docket fee, to be collected prior to docketing any other
criminal action, except as provided in Subsection B
of Section 35-6-3 NMSA 1978. . . . . . . . . 20.00.
Proceeds from this docket fee shall be transferred to the administrative office of the courts for deposit in 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;
jury fee, to be collected from the party demanding trial by jury in any civil action at the time the demand is filed or made. . . . . . . . . . . . . . .25.00;
copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process. . . . . . . . . . . . . .0.50.
Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund; and
copying fee, for computer-generated or electronically
transferred copies, per page. . . . . . . . . .1.00.
Proceeds from this copying fee shall be transferred
to the administrative office of the courts for
deposit in the court automation fund.
Except as otherwise specifically provided by law, docket fees shall be paid into the court facilities fund.
B. Except as otherwise provided by law, no other costs or fees shall be charged or collected in the magistrate or metropolitan court.
C. The magistrate or metropolitan court may grant free process to any party in any civil proceeding or special statutory proceeding upon a proper showing of indigency. The magistrate or metropolitan court may deny free process if it finds that the complaint on its face does not state a cause of action.
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. 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 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. . . . . . . .$10.00;
in a county without a metropolitan court. . . . . . 20.00;
(2) court automation 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 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 constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00;
(6) brain injury services 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. . . . . . . . . . . . . . . . . . . . . 5.00;
[and]
(7) court facilities 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 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;
and
(8) electronic citation fee, to be collected upon conviction from persons convicted of a penalty assessment misdemeanor, traffic violation, misdemeanor or petty misdemeanor . . . . . . . . . . . . . . . . . . . . . . . 5.00.
E. 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. Proceeds of the mediation fee shall be deposited into the metropolitan court mediation fund."
SECTION 4. Section 35-7-4 NMSA 1978 (being Laws 1968, Chapter 62, Section 99, as amended) is amended to read:
"35-7-4. 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. The administrative office shall return to each magistrate court a written receipt itemizing all money received. The administrative office shall deposit the amount of all fines and forfeitures with the state treasurer for credit to the current school fund. The administrative office shall deposit the amount of all costs, except all costs collected pursuant to Subsections D and 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 E of Section 35-6-1 NMSA 1978 shall be credited as follows:
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] Paragraphs (2) and (8) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the court automation fund;
C. the amount of all costs collected pursuant to Paragraph (3) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the traffic safety education and enforcement fund;
D. the amount of all costs collected pursuant to Paragraph (4) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the judicial education fund;
E. the amount of all costs collected pursuant to Paragraph (5) of Subsection D of Section 35-6-1 NMSA 1978 for 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 5. Section 66-8-116.3 NMSA 1978 (being Laws 1989, Chapter 318, Section 35 and Laws 1989, Chapter 319, Section 14 and also Laws 1989, Chapter 320, Section 5, as amended) is amended to read:
"66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL FEES.--In addition to the penalty assessment established for each penalty assessment misdemeanor, there shall be assessed:
A. in a county without a metropolitan court, twenty dollars ($20.00) to help defray the costs of local government corrections;
B. a court automation fee of ten dollars ($10.00);
C. a traffic safety fee of three dollars ($3.00), which shall be credited to the traffic safety education and enforcement fund;
D. a judicial education fee of three dollars ($3.00), which shall be credited to the judicial education fund;
E. a jury and witness fee of five dollars ($5.00), which shall be credited to the jury and witness fee fund;
F. a juvenile adjudication fee of one dollar ($1.00), which shall be credited to the juvenile adjudication fund;
G. a brain injury services fee of five dollars ($5.00), which shall be credited to the brain injury services fund;
H. a court facilities fee as follows:
in a county with a metropolitan court. . . . . . . . . .$24.00;
in any other county. . . . . . . . . . . . . . . . . . . 10.00;
[and]
I. an electronic citation fee of five dollars ($5.00), which shall be credited to the court automation fund; and
[I.] J. until May 31, 2014, a magistrate courts operations fee of four dollars ($4.00), which shall be credited to the magistrate courts operations fund."
SECTION 6. Section 66-8-123 NMSA 1978 (being Laws 1978, Chapter 35, Section 531, as amended) is amended to read:
"66-8-123. CONDUCT OF ARRESTING OFFICER--NOTICES BY CITATION.--
A. Except as provided in Section 66-8-122 NMSA 1978, unless a penalty assessment or warning notice is given, whenever a person is arrested for any violation of the Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor, the arresting officer, using the uniform traffic citation or the electronic traffic citation, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the arrested person sign the agreement to appear as specified, give a copy of the citation to the arrested person and release [him] the person from custody.
B. Whenever a person is arrested for violation of a penalty assessment misdemeanor and elects to pay the penalty assessment, the arresting officer, using the uniform traffic citation or the electronic traffic citation, shall complete the information section and prepare the penalty assessment notice indicating the amount of the penalty assessment, have the arrested person sign the agreement to pay the amount prescribed, give a copy of the citation along with a business reply envelope addressed to the motor vehicle division in Santa Fe to the arrested person and release [him] the person from custody. No officer shall accept custody or payment of any penalty assessment. If the arrested person declines to accept a penalty assessment notice, the officer shall issue a notice to appear.
C. The arresting officer may issue a warning notice, but shall fill in the information section of the uniform traffic citation or electronic traffic citation and give a copy to the arrested person after requiring [his] the person's signature on the warning notice as an acknowledgment of receipt. No warning notice issued under this section shall be used as evidence of conviction for purposes of suspension or revocation of license under Section 66-5-30 NMSA 1978.
D. In order to secure [his] release, the arrested person must give [his] the person's written promise to appear in court or to pay the penalty assessment prescribed or acknowledge receipt of a warning notice.
E. Any officer violating this section is guilty of a misconduct in office and is subject to removal.
F. A law enforcement officer who arrests a person without a warrant for a misdemeanor violation of the Motor Carrier Act, the Criminal Code, the Liquor Control Act or other New Mexico law may use the uniform traffic citation or electronic traffic citation, issued pursuant to procedures outlined in Subsections B through F of Section 31-1-6 NMSA 1978 [Subsections B through E], in lieu of taking [him] the person to jail.
G. An electronic traffic citation, prescribed by Section 66-8-128 NMSA 1978, is an electronic version of the uniform traffic citation. For the purposes of this section, an electronic citation may be completed instead of a uniform traffic citation; provided, however, that where this section requires a copy of a citation to be given to an arrested person, a physical copy of the citation shall be provided whether a uniform traffic citation or an electronic traffic citation was used. An electronic traffic citation may be signed electronically."
SECTION 7. Section 66-8-128 NMSA 1978 (being Laws 1978, Chapter 35, Section 536, as amended) is amended to read:
"66-8-128. UNIFORM TRAFFIC CITATION.--
A. The department shall prepare a uniform traffic citation containing at least the following information:
(1) an information section, serially numbered and containing spaces for the name, physical address and mailing address, city and state of the individual charged; the individual's physical description, age and sex; the registration number, year and state of the vehicle involved and its make and type; the state and number of the individual's driver's license; the specific section number and common name of the offense charged under the NMSA 1978 or local law; the date and time of arrest; the arresting officer's signature and identification number; and the conditions existing at the time of the violation;
(2) a notice to appear; and
(3) a penalty assessment notice with a place for the signature of the violator agreeing to pay the penalty assessment prescribed.
B. The department shall prescribe how the uniform traffic citation form may be used as a warning notice.
C. The department shall prescribe the size and number of copies of the paper version of the uniform traffic citation and the disposition of each copy. The department may also prescribe one or more electronic versions of the uniform traffic citation, [and these electronic versions] which shall be referred to as "electronic traffic citations" and which may be used in the issuance of citations instead of or with paper uniform traffic citations.
D. Any entity that wishes to submit [uniform] electronic traffic citations instead of or with paper uniform traffic citations required to be submitted to the department [by electronic means] shall secure the prior permission of the department.
E. Electronic traffic citations shall include the same information required to be included in a uniform traffic citation. Electronic traffic citations may be signed electronically and a law enforcement officer may submit or file with a court an electronic traffic citation if prior permission of the department has been secured. Where the law requires a law enforcement officer to provide a copy of a citation to a person cited or arrested, a physical copy of the citation shall be provided regardless of whether a uniform traffic citation or an electronic traffic citation form was used."
SECTION 8. TEMPORARY PROVISION--PROCEDURES TO IMPLEMENT THE USE OF ELECTRONIC CITATIONS.--The department of public safety, the motor vehicle division of the taxation and revenue department and the administrative office of the courts shall develop procedures to carry out the provisions of this act.
SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.
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