HOUSE BILL 409

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Joe Thompson

AN ACT

RELATING TO THE PUBLIC DEFENDER; INCREASING THE AMOUNT OF THE FEE PAID WHEN A PERSON APPLIES WITH A DISTRICT PUBLIC DEFENDER FOR REPRESENTATION; AMENDING A SECTION OF THE NMSA 1978.

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

     Section 1. Section 31-15-12 NMSA 1978 (being Laws 1973, Chapter 156, Section 12, as amended) is amended to read:

     "31-15-12. EXPLANATION OF RIGHTS--WAIVER OF COUNSEL-- APPLICATION FEE--INDIGENCY DETERMINATION.--

          A. If [any] a person charged with [any] a crime or a delinquent act that carries a possible sentence of imprisonment appears in [any] a court without counsel, the judge shall inform him of his right:

                (1) to confer with the district public defender; and

                (2) if he is financially unable to obtain counsel, to be represented by the district public defender at all stages of the proceedings against him.

          B. Following notification of [any] a person [under] pursuant to Subsection A of this section, the judge shall notify the district public defender and continue the proceedings until the person has applied with the district public defender.

          C. A person shall pay a non-refundable application fee of [ten dollars ($10.00)] twenty dollars ($20.00) at the time the person applies with the public defender for representation. The fee shall be deposited in the public defender automation fund. The public defender shall determine if the person is indigent and unable to pay the fee, subject to review by the court. When the person remains in custody and is unable to pay the fee, the court may waive payment of the fee.

          D. Peace officers shall notify the district public defender of [any] a person not represented by counsel who is being forcibly detained and who is charged with, or under suspicion of, the commission of [any] a crime that carries a possible sentence of imprisonment, unless the person has previously appeared in court upon that charge.

          E. [Any] A person entitled to representation by the district public defender may intelligently waive his right to representation. The waiver may be for all or any part of the proceedings. The waiver shall be in writing and countersigned by a district public defender."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.

- 3 -