46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO MUNICIPAL COURTS; CREATING THE MUNICIPAL COURT WARRANT ENFORCEMENT FUND; MAKING AN APPROPRIATION.

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

Section 1. MUNICIPAL COURT WARRANT ENFORCEMENT FUND--FEE--ADMINISTRATION--USE OF MONEY IN FUND.--

A. Municipalities may create a "municipal court warrant enforcement fund" to be administered by the municipal court clerk.

B. Upon issuance of a bench warrant, a municipal court may assess a fee of one hundred dollars ($100) against the individual whose arrest is commanded by the bench warrant. Money collected pursuant to the fee assessment authorized by this subsection shall be deposited in the municipal court warrant enforcement fund.

C. All balances in the municipal court warrant enforcement fund are for the primary purpose of employing personnel and purchasing equipment and services to aid in the collection of fines, fees or costs owed to the municipal courts. After satisfaction of the primary purpose, any money remaining in the fund may, to the extent deemed necessary by the municipal court clerk, be used for the secondary purpose of partially reimbursing law enforcement agencies for the expense of serving bench warrants issued by the municipal courts, pursuant to an intergovernmental agreement entered into between the law enforcement agency and the municipal court clerk.

D. Payments from the municipal court warrant enforcement fund shall be made upon warrants drawn by the municipal chief financial officer pursuant to vouchers issued and signed by the municipal court clerk.

E. Any balance remaining in the municipal court warrant enforcement fund at the end of a fiscal year shall not revert to the municipality's general fund.

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.