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

RELATING TO CRIMES; PROHIBITING A PAID SURETY FROM ARRESTING A PERSON UNLESS THE ARRESTED PERSON HAS BEEN CHARGED WITH A FELONY; PROVIDING A CRIMINAL PENALTY.

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

Section 1. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] ILLEGAL ARREST BY A PAID SURETY.--

A. Illegal arrest by a paid surety consists of a paid surety intentionally arresting a person who has not been charged with a crime constituting a felony.

B. As used in this section, "paid surety" means:

(1) a person that has taken money, property or other consideration by or on behalf of a person charged with a crime in order to enter into a bail bond obligation benefiting that person; or

(2) an agent of a paid surety described in Paragraph (1) of this subsection.

C. Whoever commits illegal arrest by a paid surety is guilty of a fourth degree felony."

Section 2. Section 31-3-4 NMSA 1978 (being Laws 1972, Chapter 71, Section 11) is amended to read:

"31-3-4. PAID SURETIES.--

A. A "paid surety" is a surety that has taken money, property or other consideration to act as a surety for the accused.

B. If the accused has been charged with a crime constituting a felony, when a paid surety desires to be discharged from the obligation of its bond, it may arrest the accused and deliver him to the sheriff of the county in which the action against the accused is pending.

C. The paid surety shall, at the time of surrendering the accused, deliver to the sheriff a certified copy of the order admitting the accused to bail and a certified copy of the bail bond. Delivery of these documents shall be sufficient authority for the sheriff to receive and retain the accused until he may be brought before the court.

D. A paid surety may be released from the obligation of its bond only by an order of the court.

E. The court shall order the discharge of a paid surety if:

(1) there has been a final disposition of all charges against the accused;

(2) the accused is dead;

(3) circumstances have arisen which the surety could not have foreseen at the time it became a paid surety for the accused; or

(4) the contractual agreement between the surety, the principal and the state has terminated."