SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 174

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

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.

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 felony 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 felony matter is a danger to the community and is not eligible for release upon the defendant's recognizance, if the defendant is charged with murder in the first degree."

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

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