45th legislature - STATE OF NEW MEXICO - first session, 2001

AN ACT

RELATING TO THE COURTS; PROVIDING THAT MAGISTRATE COURTS MAY ORDER LAW ENFORCEMENT AGENCIES TO SERVE BENCH WARRANTS; PROVIDING THAT BENCH WARRANTS ISSUED BY A MAGISTRATE COURT BEFORE JANUARY 1, 2001 AND REMAINING UNSERVED ARE UNENFORCEABLE; PROVIDING THAT ASSESSED FEES SHALL NOT BE COLLECTED IN CERTAIN INSTANCES.

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

Section 1. MAGISTRATE COURTS--BENCH WARRANTS.--Upon the issuance of a bench warrant for the arrest of an individual, a magistrate court may order a law enforcement agency to serve the bench warrant upon the individual.

Section 2. TEMPORARY PROVISION--AMNESTY FOR PRIOR WARRANTS.--

A. A bench warrant issued by a magistrate court prior to January 1, 2001 and, on the effective date of this act, not yet served upon the individual ordered to be arrested is unenforceable.

B. No fee assessed pursuant to Subsection B of Section 35-6-5 NMSA 1978 shall be collected if the warrant is unenforceable pursuant to Subsection A of this section.