0001|                            HOUSE BILL 371
    |
0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
    |
0003|                            INTRODUCED BY
    |
0004|                            JOHN A. HEATON
    |
0005|     
    |
0006|                                   
    |
0007|     
    |
0008|                                   
    |
0009|     
    |
0010|                                AN ACT
    |
0011|     RELATING TO CORRECTIONAL INSTITUTIONS; AMENDING SECTION 33-3-11
    |
0012|     NMSA 1978 (BEING LAWS 1889, CHAPTER 9, SECTION 1, AS AMENDED)
    |
0013|     TO CHANGE THE RATE AT WHICH MONETARY REDUCTIONS IN FINES OR
    |
0014|     COSTS ARE COMPUTED.
    |
0015|     
    |
0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0017|          Section 1.  Section 33-3-11 NMSA 1978 (being Laws 1889,
    |
0018|     Chapter 9, Section 1, as amended) is amended to read:
    |
0019|          "33-3-11.  JAIL FOR NONPAYMENT OF FINE.--
    |
0020|               A.  Whenever any person is committed to prison for
    |
0021|     nonpayment of any fine or costs or both, he shall be credited
    |
0022|     with <s>[five dollars ($5.00) a day in]</s> <u>a monetary</u> reduction
    |
0023|     thereof for each day or portion of a day of imprisonment. <u>This
</u>    |
<u></u>0024| <u>    reduction shall be the current minimum wage per hour multiplied
</u>    |
<u></u>0025| <u>    by eight hours.</u>  When the person has remained imprisoned a
    |
0001|     sufficient length of time to extinguish the fine or cost or
    |
0002|     both, computed at this rate, or has paid to the sentencing
    |
0003|     court the amount of the fine or costs or both, remaining after
    |
0004|     deducting credit allowed by this section and obtaining from the
    |
0005|     court an order of release from commitment, the officer having
    |
0006|     the prisoner in custody shall discharge him from custody under
    |
0007|     commitment.
    |
0008|               B.  If the person in custody makes an affidavit that
    |
0009|     he has no property out of which he can pay the fine and costs,
    |
0010|     either or any part, the prisoner shall not be retained in
    |
0011|     custody longer than <s>[three months]</s> <u>ninety days</u> even though
    |
0012|     the fine and costs or either exceeds <s>[four hundred fifty
</s>    |
<s></s>0013| <s>    dollars ($450)]</s> <u>the amount that will accrue during those
</u>    |
<u></u>0014| <u>    ninety days</u>. The affidavit shall be delivered to the sheriff
    |
0015|     or jail administrator <u>as defined in Section 4-44-19 NMSA 1978</u>
    |
0016|     having custody of the prisoner."
    |
0017|                                                         State of New Mexico
    |
0018|                      House of Representatives
    |
0019|   
    |
0020|                      FORTY-THIRD LEGISLATURE
    |
0021|                        FIRST SESSION, 1997
    |
0022|   
    |
0023|   
    |
0024|                                               February 14, 1997
    |
0025|   
    |
0001|   
    |
0002|   Mr. Speaker:
    |
0003|   
    |
0004|        Your JUDICIARY COMMITTEE, to whom has been referred
    |
0005|   
    |
0006|                        HOUSE BILL 371
    |
0007|                               
    |
0008|   has had it under consideration and reports same with
    |
0009|   recommendation that it DO PASS, amended as follows:
    |
0010|   
    |
0011|        1.   On page 1, line 20, strike the word "prison" and
    |
0012|   insert in lieu thereof "place of confinement".
    |
0013|   
    |
0014|                                 Respectfully submitted,
    |
0015|   
    |
0016|   
    |
0017|   
    |
0018|                                                               <u>                                
</u>    |
<u></u>0019| <u>                                </u>
    |
0020|                                                               Thomas P. Foy, Chairman
    |
0021|   
    |
0022|   
    |
0023|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0024| <u>   </u>
    |
0025|             (Chief Clerk)                       (Chief Clerk)
    |
0001|   
    |
0002|                        Date <u>            </u>
    |
0003|   
    |
0004|   The roll call vote was<u> 11 </u> For<u> 0 </u> Against
    |
0005|   Yes:      11
    |
0006|             Excused:  Rios, Sanchez
    |
0007|             Absent:   None
    |
0008|   
    |
0009|   
    |
0010|   
    |
0011|   G:\BILLTEXT\BILLW_97\H0371  
    |
0012|   
    |
0013|                      FORTY-THIRD LEGISLATURE           HB 371/a
    |
0014|                        FIRST SESSION, 1997
    |
0015|   
    |
0016|   
    |
0017|                                                   March 5, 1997
    |
0018|   
    |
0019|   Mr. President:
    |
0020|   
    |
0021|       Your JUDICIARY COMMITTEE, to whom has been referred
    |
0022|   
    |
0023|                           HOUSE BILL 371
    |
0024|   
    |
0025|   has had it under consideration and reports same with
    |
0001|   recommendation that it DO PASS, amended as follows:
    |
0002|   
    |
0003|       1.  On page 1, line 24, after "current" insert "federal".
    |
0004|   
    |
0005|   and thence referred to the FINANCE COMMITTEE. 
    |
0006|                
    |
0007|                                Respectfully submitted,
    |
0008|   
    |
0009|   
    |
0010|   
    |
0011|                                
    |
0012|   __________________________________
    |
0013|                                Fernando R. Macias, Chairman 
    |
0014|   
    |
0015|   
    |
0016|   
    |
0017|   Adopted_______________________   Not
    |
0018|   Adopted_______________________
    |
0019|             (Chief Clerk)                          (Chief Clerk)
    |
0020|   
    |
0021|   
    |
0022|                     Date ________________________
    |
0023|   
    |
0024|   
    |
0025|   The roll call vote was <u> 8 </u> For <u> 0 </u> Against
    |
0001|           Yes:    8
    |
0002|           No:     0
    |
0003|                Excused:     None
    |
0004|           Absent: None
    |
0005|   
    |
0006|   
    |
0007|   
    |
0008|   
    |
0009|   
    |
0010|   H0371JU1  
    |
0011|   
    |
0012|                      FORTY-THIRD LEGISLATURE
    |
0013|                        FIRST SESSION, 1997
    |
0014|   
    |
0015|   
    |
0016|                                                  March 12, 1997
    |
0017|   
    |
0018|   Mr. President:
    |
0019|   
    |
0020|       Your FINANCE COMMITTEE, to whom has been referred
    |
0021|   
    |
0022|                     HOUSE BILL 371, as amended
    |
0023|   
    |
0024|   has had it under consideration and reports same with
    |
0025|   recommendation that it DO PASS.
    |
0001|   
    |
0002|                                Respectfully submitted,
    |
0003|   
    |
0004|   
    |
0005|   
    |
0006|                                
    |
0007|   __________________________________
    |
0008|                                Ben D. Altamirano, Chairman 
    |
0009|   
    |
0010|   
    |
0011|   
    |
0012|   Adopted_______________________   Not
    |
0013|   Adopted_______________________
    |
0014|             (Chief Clerk)                          (Chief Clerk)
    |
0015|   
    |
0016|   
    |
0017|   
    |
0018|                     Date ________________________
    |
0019|   
    |
0020|   
    |
0021|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
    |
0022|           Yes:    6
    |
0023|           No:     None
    |
0024|                Excused:     Carraro, Ingle, Lyons, McKibben, Fidel
    |
0025|           Absent: None
    |
0001|   

    |
0002|   
    |
0003|   H0371FC1
    |