SENATE BILL 359

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Craig W. Brandt

 

 

 

 

 

AN ACT

RELATING TO PROPERTY CRIME; PROVIDING A PROCESS FOR REMOVING UNLAWFUL OCCUPANTS OF REAL PROPERTY FROM THAT PROPERTY; PROVIDING A FORM TO REQUEST THE REMOVAL OF AN UNLAWFUL OCCUPANT FROM REAL PROPERTY; PROVIDING PROCEDURES FOR LAW ENFORCEMENT TO REMOVE UNLAWFUL OCCUPANTS FROM REAL PROPERTY; PRESCRIBING PROCEDURES FOR NOTICE; CREATING A CAUSE OF ACTION FOR PERSONS WHO WERE WRONGFULLY REMOVED FROM REAL PROPERTY; AMENDING THE CLASSIFICATION OF THE CRIMES OF CRIMINAL DAMAGE TO PROPERTY AND FRAUD.

 

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

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

     "[NEW MATERIAL] REMOVAL OF UNLAWFUL OCCUPANTS--FORM.--

          A. As used in this section, "unlawfully occupying" means a crime constituting trespassing pursuant to Chapter 30, Article 14 NMSA 1978.

          B. A property owner or the property owner's authorized agent may request from the sheriff of a county in which the real property is located the immediate removal of a person or persons unlawfully occupying real property owned by that property owner; provided that:

                (1) the requester is the property owner or authorized agent of the property owner;

                (2) the real property that is being occupied includes a residential dwelling;

                (3) the purported unlawful occupant or occupants entered without permission from the property owner or the authorized agent of the property owner and continuously reside on the real property in question;

                (4) the real property was not open to members of the public at the time the unlawful occupant or occupants entered;

                (5) the property owner or authorized agent of the property owner has directed the unlawful occupant or occupants to leave the real property;

                (6) the unlawful occupant or occupants are not current or former residents of the real property at issue pursuant to a written or oral rental agreement pursuant to the Uniform Owner-Resident Relations Act;

                (7) the unlawful occupant or occupants are not immediate family members of the property owner; and

                (8) there is no pending litigation related to the real property between the property owner and any known unlawful occupant or occupants.

          C. To request the immediate removal of an unlawful occupant of real property, the property owner or the property owner's authorized agent shall submit a complaint by presenting a completed and verified complaint to remove unlawful occupants of real property to the sheriff of the county in which the real property is located. The submitted complaint shall be in the following form:

"COMPLAINT TO REMOVE UNLAWFUL OCCUPANTS OF REAL PROPERTY

     I, ____________________________________________________,

          (Property owner or property owner's authorized

                     agent's name)

the owner of the real property located at ____________________________________________________, declare under the penalty of perjury that:

                (1) I am the owner of the real property or the authorized agent of the owner of the real property;

                (2) the real property is a residential dwelling;

                (3) an unlawful occupant trespassed, pursuant to Chapter 30, Article 14 NMSA 1978, and is residing unlawfully on the real property;

                (4) the real property was not open to members of the public at the time the unlawful occupant or occupants entered;

                (5) I have directed the unlawful occupant or occupants to leave the real property, but the unlawful occupant or occupants refuse to do so;

                (6) the unlawful occupant or occupants are not immediate family members of the property owner;

                (7) the unlawful occupant or occupants are not current or former tenants constituting holdover tenants pursuant to a rental agreement between the property owner and that tenant pursuant to the Uniform Owner-Resident Relations Act;

                (8) the unlawful occupant or occupants sought to be removed are not owners or co-owners of the property and are not lawfully listed on the title to the property;

                (9) there is no pending litigation involving the real property between the property owner and any person sought to be removed;

                (10) I understand that the unlawful occupant or occupants that I seek to remove from the real property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action, I may be held liable for actual damages, penalties, costs and reasonable attorney fees;

                (11) I am requesting the sheriff to immediately remove the unlawful occupant or occupants from my property; and

                (12) a copy of my valid, government-issued identification is attached to this form or, as an agent of the property owner, documents evidencing my authority to act on the property owner's behalf are attached.

     I have read the statements contained in this petition and each statement is true and correct. I understand that the statements made in this petition are being made under penalty of perjury, punishable as provided in Section 30-25-1 NMSA 1978.

_________________________________________________

(Signature of the Property Owner or the Authorized Agent)"."

     SECTION 2. A new section of Chapter 31 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] REMOVAL OF UNLAWFUL OCCUPANTS--LAW ENFORCEMENT PROCEDURES--NOTICE.--

          A. Upon the receipt of a form provided pursuant to Section 1 of this 2025 act, the sheriff of the county in which the real property at issue is located shall verify that the person submitting the form is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief pursuant to this 2025 act. If verified, the sheriff shall serve a notice to immediately vacate on all unlawful occupants and shall put the person submitting the form in actual possession of the real property. The sheriff shall also attempt to verify the identities of all persons unlawfully occupying the real property and note those identities on the return of service, as provided pursuant to Subsection B of this section. If appropriate, the sheriff may arrest any person found on the real property for trespass, outstanding warrants or any other legal cause, where warranted.

          B. Pursuant to Subsection A of this section, service may be accomplished by:

                (1) hand delivery of notice to the alleged unlawful occupant; or

                (2) posting the notice on the front door or entrance of the real property at issue.

          C. After the sheriff serves the notice to immediately vacate, the property owner or authorized agent may request that the sheriff stand by to keep the peace while the property owner or authorized agent of the property owner changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the law enforcement agency that employs the sheriff may charge a reasonable fee, and the person requesting the sheriff to stand by is responsible for paying the fee. The property owner or the property owner's authorized agent is not liable to an unlawful occupant or any other party for the loss, destruction or damage to the personal property unless the removal was wrongful.

          D. Nothing in this section shall limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft or other crimes."

     SECTION 3. Section 30-15-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 15-1) is amended to read:

     "30-15-1. CRIMINAL DAMAGE TO PROPERTY.--Criminal damage to property consists of intentionally damaging any real or personal property of another without the consent of the owner of the property.

     Whoever commits criminal damage to property is guilty of a petty misdemeanor, except that when the damage to the property amounts to more than one thousand dollars ($1,000), [he] the person is guilty of a [fourth] second degree felony."

     SECTION 4. Section 30-16-6 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-6, as amended) is amended to read:

     "30-16-6. FRAUD.--

          A. Fraud consists of the intentional misappropriation or taking of anything of value that belongs to another by means of fraudulent conduct, practices or representations.

          B. Whoever commits fraud when the value of the property misappropriated or taken is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

          C. Whoever commits fraud when the value of the property misappropriated or taken is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

          D. Whoever commits fraud when the value of the property misappropriated or taken is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

          E. Whoever commits fraud when the value of the property misappropriated or taken is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

          F. Whoever commits fraud when the value of the property misappropriated or taken exceeds twenty thousand dollars ($20,000) is guilty of a [second] first degree felony.

          G. Whoever commits fraud when the property misappropriated or taken is a firearm that is valued at less than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony."

     SECTION 5. A new section of Chapter 42, Article 4 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] CAUSE OF ACTION--EJECTMENT--ACTION FOR UNLAWFUL REMOVAL FROM REAL PROPERTY.--A person removed pursuant to Section 1 of this 2025 act may bring a civil cause of action for ejectment to seek to restore possession of the real property at issue. A person entitled to possession of the real property pursuant to this section may recover actual costs and damages incurred and statutory damages. The court shall advance the cause on the calendar."

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