SENATE BILL 17
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Shannon Robinson
AN ACT
RELATING TO LAW ENFORCEMENT; PROVIDING FOR A LAW ENFORCEMENT ARREST FEE WHEN AN ARREST IS MADE ON AN OUTSTANDING BENCH WARRANT; CREATING FUNDS; ENACTING NEW SECTIONS OF THE NMSA 1978.
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--METROPOLITAN COURT ARREST FEE FUND--DISBURSEMENT.--
A. 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 governing body of the law enforcement agency responsible for service of the bench warrant upon which the law enforcement arrest fee is assessed.
B. The arraigning judge shall waive the law enforcement arrest fee authorized pursuant to Subsection A of this section if:
(1) the defendant cannot post the law enforcement arrest fee because of indigency; or
(2) the arrest was incidental to a traffic stop.
C. The "metropolitan court arrest fee fund" is created in the state treasury. The fund shall be administered by the metropolitan court. The arraigning judge in the metropolitan court shall assess a law enforcement arrest fee of one hundred dollars ($100). Money collected pursuant to the law enforcement arrest fee shall be deposited in the metropolitan court arrest fee fund. All balances in the metropolitan court arrest fee fund are appropriated to the metropolitan court for the purpose of paying law enforcement agencies for the expense of arrests. Payments from the metropolitan court arrest fee fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the presiding judge of the metropolitan court. Any unexpended or unencumbered balance remaining in the metropolitan court arrest fee fund at the end of a fiscal year shall not revert to the general fund."
Section 2. A new section of Chapter 35, Article 6 NMSA 1978 is enacted to read:
"[NEW MATERIAL] LAW ENFORCEMENT ARREST FEE--MAGISTRATE COURT ARREST FEE FUND--DISBURSEMENT.--
A. 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 governing body of the law enforcement agency responsible for service of the bench warrant upon which the law enforcement arrest fee is assessed.
B. The arraigning judge shall waive the law enforcement arrest fee authorized pursuant to Subsection A of this section if:
(1) the defendant cannot post the law enforcement arrest fee because of indigency; or
(2) the arrest was incidental to a traffic stop.
C. The "magistrate court arrest fee fund" is created in the state treasury. The fund shall be administered by the administrative office of the courts. The arraigning judge in the magistrate court shall assess a law enforcement arrest fee of one hundred dollars ($100). Money collected pursuant to the law enforcement arrest fee shall be deposited in the magistrate court arrest fee fund. All balances in the magistrate court arrest fee fund are appropriated to the administrative office of the courts for the purpose of paying law enforcement agencies for the expense of arrests. Payments from the magistrate court arrest fee fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the director of the administrative office of the courts. Any unexpended or unencumbered balance remaining in the magistrate court arrest fee fund at the end of a fiscal year shall not revert to the general fund."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.
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