SENATE BILL 174

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Gregg Schmedes

 

 

 

 

 

AN ACT

RELATING TO BAIL; SPECIFYING THE STANDARD TO BE EMPLOYED FOR PRETRIAL RELEASE HEARINGS; REQUIRING POSTING OF BOND IF A DEFENDANT IS ON RELEASE FOR ANOTHER MATTER; PROHIBITING COURTS FROM RELYING ON RISK ASSESSMENT TOOLS OR PROGRAMS.

 

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

     SECTION 1. A new section of Chapter 31, Article 3 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ELIGIBILITY OF DEFENDANTS FOR PRETRIAL RELEASE.--

          A. A court shall not excuse a defendant from posting bail unless the defendant motions for a hearing in which the defendant proves that the defendant lacks the financial means necessary to post bail. For purposes of this subsection, the court shall employ the indigency standard pursuant to Section 34-6-46 NMSA 1978 in determining whether the defendant lacks the financial means necessary to post bail.

          B. There is a rebuttable presumption, which the court shall consider under its discretion, that a defendant who has been released on the defendant's own recognizance for a prior offense is a danger to the community and shall not be eligible for release upon the defendant's recognizance in another matter unless the defendant posts a secured bond in the new matter.

          C. There is a rebuttable presumption, which the court shall consider under its discretion, that a defendant who is currently on conditions of release in any other pending matter is a danger to the community and is not eligible for release upon the defendant's recognizance, if the defendant is charged with:

                (1) any of the following serious violent felony offenses:

                     (a) murder in the first degree;

                      (b) first or second degree felony human trafficking of a child;

                     (c) first degree felony abuse of a child;

                     (d) sexual exploitation of a child constituting at least a second degree felony; or

                     (e) a serious violent felony offense as provided in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978;

                (2) a felony offense during which a firearm was brandished pursuant to Section 31-18-16 NMSA 1978 or during which a firearm was discharged; or 

                (3) a felony offense during which great bodily harm was inflicted as defined in Section 30-1-12 NMSA 1978 or that caused the death of a person.

          D. A court shall exercise discretion in determining the eligibility of a defendant for pretrial release and in setting the monetary and non-monetary conditions of release. A court shall not rely upon a risk assessment tool or program created or provided by a third party that is not a state entity or a political subdivision of the state."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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