SENATE BILL 514

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO APPEALS FROM THE MAGISTRATE COURTS; AMENDING CHANGES TO MAGISTRATE COURT JUDGMENTS ON APPEAL.

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

     SECTION 1. Section 35-13-2 NMSA 1978 (being Laws 1975, Chapter 242, Section 10, as amended) is amended to read:

     "35-13-2. APPEALS--DISTRICT COURT PROCEEDINGS--DOCKET FEES--JUDGMENT.--

          A. Appeals from the magistrate courts shall be tried de novo in the district court.

          B. The district court docket fee in any criminal appeal is thirty-five dollars ($35.00), ten dollars ($10.00) of which shall be deposited in the court automation fund.

          C. If the judgment of the magistrate court in a criminal action is affirmed or rendered against the appellant on appeal or if the appellant fails to appear at the time fixed for hearing in the district court, the district court shall [enter judgment imposing the same, a greater or a lesser] not increase the penalty [as that] imposed in the magistrate court in the action."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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