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

RELATING TO LAW ENFORCEMENT; PROVIDING FOR A LAW ENFORCEMENT ARREST FEE WHEN AN ARREST IS MADE ON OUTSTANDING BENCH WARRANTS.

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

Section 1. A new section of Chapter 34, Article 8A NMSA 1978 is enacted to read:

"[NEW MATERIAL] LAW ENFORCEMENT ARREST FEE--DISBURSEMENT.--When a person is arrested on a bench warrant issued by the metropolitan court, the court shall assess a "law enforcement arrest fee" of one hundred dollars ($100) against the person arrested; provided, however, that if the person has multiple bench warrants, only one law enforcement arrest fee shall be charged per occurrence of arrest. If the person for whom a bench warrant was issued voluntarily appears in court, the court shall not assess the law enforcement arrest fee. The law enforcement arrest fee shall be transferred to the law enforcement agency responsible for service of the bench warrant upon which the law enforcement arrest fee is assessed."

Section 2. A new section of Chapter 35, Article 6 NMSA 1978 is enacted to read:

"[NEW MATERIAL] LAW ENFORCEMENT ARREST FEE--DISBURSEMENT.--When a person is arrested on a bench warrant issued by a magistrate court, the magistrate court shall assess a "law enforcement arrest fee" of one hundred dollars ($100) against the person arrested; provided, however, that if the person has multiple bench warrants, only one law enforcement arrest fee shall be charged per occurrence of arrest. If the person for whom a bench warrant was issued voluntarily appears in court, the court shall not assess the law enforcement arrest fee. The law enforcement arrest fee shall be transferred to the law enforcement agency responsible for service of the bench warrant upon which the law enforcement arrest fee is assessed."