SENATE BILL 232

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Michael S. Sanchez

FOR THE CORRECTIONS OVERSIGHT, COURTS AND JUSTICE COMMITTEE

AN ACT

RELATING TO CRIMINAL LAW; INCREASING THE AMOUNT OF PROCESSING FEES THAT MAY BE ASSESSED BY A DISTRICT ATTORNEY IN WORTHLESS CHECK CASES.

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

     Section 1. Section 30-36-10 NMSA 1978 (being Laws 1984, Chapter 110, Section 4) is amended to read:

     "30-36-10. DISTRICT ATTORNEY--PROCESSING FEE.--

          A. A district attorney is authorized to assess a processing fee against [any] a person who is convicted of violating Section 30-36-4 NMSA 1978 and against [any] a person who acknowledges violation of that section but for whom prosecution is waived by the district attorney. The processing fee assessed pursuant to this section shall not exceed:

                [(1) five dollars ($5.00) if the amount of the check, draft or order is less than twenty-five dollars ($25.00);

                (2) ten dollars ($10.00) if the amount of the check, draft or order is twenty-five dollars ($25.00) or more but less than one hundred dollars ($100);

                (3) thirty dollars ($30.00) if the amount of the check, draft or order is one hundred dollars ($100) or more but less than three hundred dollars ($300);

                (4) fifty dollars ($50.00) if the amount of the check, draft or order is three hundred dollars ($300) or more but less than five hundred dollars ($500); and

                (5) seventy-five dollars ($75.00) if the amount of the check, draft or order is five hundred dollars ($500) or more.]

                (1) ten dollars ($10.00) when the amount of the check, draft or order is one hundred dollars ($100) or less;

                (2) fifty dollars ($50.00) when the amount of the check, draft or order is more than one hundred dollars ($100) but not more than five hundred dollars ($500);

                (3) seventy-five dollars ($75.00) when the amount of the check, draft or order is more than five hundred dollars ($500) but not more than one thousand dollars ($1,000); and

                (4) one hundred dollars ($100) when the amount of the check, draft or order is more than one thousand dollars ($1,000).

          B. All processing fees collected by a district attorney pursuant to this section shall be transmitted to the administrative office of the district attorneys for credit to the district attorney fund."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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