SENATE BILL 416

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO MISDEMEANOR PENALTY ASSESSMENTS; EXPANDING THE ASSESSMENT FOR COSTS OF LOCAL GOVERNMENT CORRECTIONS; MAKING AN APPROPRIATION.

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

     Section 1. Section 66-8-116.3 NMSA 1978 (being Laws 1989, Chapter 318, Section 35, Laws 1989, Chapter 319, Section 14 and Laws 1989, Chapter 320, Section 5, as amended) is amended to read:

     "66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL FEES.--In addition to the penalty assessment established for each penalty assessment misdemeanor, there shall be assessed:

          A. in a county without a metropolitan court, twenty dollars ($20.00) to help defray the costs of local government corrections;

          B. in a county with a metropolitan court, ten dollars ($10.00) to help defray the costs of local government corrections;

          [B.] C. a court automation fee of ten dollars ($10.00);

          [C.] D. a traffic safety fee of three dollars ($3.00), which shall be credited to the traffic safety education and enforcement fund;

          [D.] E. a judicial education fee of two dollars ($2.00), which shall be credited to the judicial education fund;

          [E.] F. a brain injury services fee of five dollars ($5.00), which shall be credited to the brain injury services fund; and

          [F.] G. a court facilities fee as follows:

     in a county with a metropolitan court. . . . . . . $24.00;

     in any other county. . . . . . . . . . . . . . . . 10.00."

     Section 2. Section 66-8-119 NMSA 1978 (being Laws 1968, Chapter 62, Section 159, as amended) is amended to read:

     "66-8-119. PENALTY ASSESSMENT REVENUE--DISPOSITION.--

          A. The division shall remit all penalty assessment receipts, except receipts collected pursuant to Subsections A through [F] G of Section 66-8-116.3 NMSA 1978, to the state treasurer for credit to the general fund.

          B. The division shall remit all penalty assessment fee receipts collected pursuant to:

                (1) Subsection A or B of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the local government corrections fund;

                (2) Subsection [B] C of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court automation fund;

                (3) Subsection [C] D of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the traffic safety education and enforcement fund;

                (4) Subsection [D] E of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the judicial education fund;

                (5) Subsection [E] F of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the brain injury services fund; and

                (6) Subsection [F] G of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court facilities fund."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.

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