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AN ACT

RELATING TO COUNTIES; INCREASING THE FEES PAID TO SHERIFFS FOR

SERVICE OF PROCESS.

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

Section 1. Section 4-41-16 NMSA 1978 (being Laws 1895,

Chapter 35, Section 1, as amended) is amended to read:

"4-41-16. FEES--ATTENDANCE ON COURTS--SESSIONS OF

COUNTY COMMISSIONERS--HEARING BEFORE JUDGES.--

A. The sheriffs of this state shall be allowed,

except from the state or any state agency, the following fees

and compensations:

(1) for serving every writ, citation, order,

subpoena or summons, not more than forty dollars ($40.00);

(2) for every writ of capias or attachment

for each defendant, six dollars ($6.00);

(3) for taking and returning every bond

required by law, five dollars ($5.00);

(4) for levying every execution and return

of same, six dollars ($6.00);

(5) for making, executing and delivering

every sheriff's deed, to be paid by the purchaser, six dollars

($6.00);

(6) for every return of non est inventus,

fifty cents ($.50); and

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(7) for making every return of any process,

order, summons, citation or decree of any court, two dollars

($2.00).

No sheriff shall collect more than one of the fees

listed in this subsection, regardless of how many documents

may be served upon one or more individuals, when those

documents are served at the same time and at the same

location.

B. In the service of any subpoena or summons for

witnesses, the sheriff shall be allowed compensation of one

dollar ($1.00) for each of the witnesses so summoned by the

sheriff, notwithstanding that the name of the witness may

appear in but one copy of the subpoena or summons.

C. It is the duty of the sheriffs of the state to

attend:

(1) the sessions of every district court,

which attendance shall be paid in the manner now provided by

law;

(2) all sessions of the probate court and

sessions of the boards of county commissioners, which

attendance shall be paid sheriffs out of the general county

funds of the county in which the services were rendered; and

(3) at the trial or hearing before

magistrates in felony cases, where the arrest is made by the

sheriff, either with or without a warrant, which attendance

shall be paid as provided in this section out of the general

county funds; but sheriffs shall not be allowed any

compensation for attending at the trial of any misdemeanor

case before any magistrate unless a sheriff made the arrest in

the misdemeanor case."

Section 2. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2008.

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