HOUSE BILL 700

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Elias Barela

AN ACT

RELATING TO COURTS; CREATING A FUND; ESTABLISHING A FEE; PROVIDING FOR AN ALTERNATIVE JUDICIAL ADJUDICATION OF JUVENILES CHARGED WITH MINOR OFFENCES; 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. a court automation fee of ten dollars ($10.00);

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

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

          E. a juvenile adjudication fee of one dollar ($1.00), which shall be credited to the juvenile adjudication 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. A new section of Chapter 34 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] JUVENILE ADJUDICATION FUND CREATED.--The "juvenile adjudication fund" is created in the state treasury to provide an alternative procedure of adjudication for juveniles charged with misdemeanor offenses to help alleviate the docket of the juvenile judicial system. The fund consists of juvenile adjudication fees levied and collected pursuant to Section 66-8-116.3 NMSA 1978. Money in the fund at the end of a fiscal year shall not revert to any other fund. The department of finance and administration shall administer the fund, and money in the fund is appropriated to the department of finance and administration to administer the fund and to provide an alternative adjudication process for juveniles charged with traffic offenses and other misdemeanors. Money expended to administer the fund shall not exceed five percent of the money credited to the fund in each fiscal year. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary or the secretary's authorized representative."

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