SENATE BILL 455
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Cliff R. Pirtle
AN ACT
RELATING TO JURISDICTION; REQUIRING TRAFFIC CITATIONS TO BE FILED IN THE COUNTY OR DISTRICT IN WHICH THE OFFENSE OCCURRED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 31-1-6 NMSA 1978 (being Laws 1973, Chapter 73, Section 4, as amended) is amended to read:
"31-1-6. CITATION IN LIEU OF ARREST WITHOUT A WARRANT.--
A. A law enforcement officer who arrests a person without a warrant for a petty misdemeanor or any offense under Chapter 17 NMSA 1978 may offer the person arrested the option of accepting a citation to appear in lieu of taking [him] the person to jail.
B. A citation issued pursuant to this section shall contain the name and address of the cited person, the offense charged and the time and place to appear. The place to appear must be in the county or district in which the offense is alleged to have been committed. Unless the person requests an earlier date, the time specified in the citation shall be at least three days after issuance of the citation. The law enforcement officer shall explain the person's rights not to sign a citation, the effect of not signing the citation, the effect of signing the citation and the effect of failing to appear at the time and place stated on the citation.
C. The person's signature on the citation constitutes a promise to appear at the time and place stated in the citation. One copy of the citation to appear shall be delivered to the person cited, and the law enforcement officer shall keep a duplicate copy [which he shall file] for filing with the court as soon as practicable.
D. A citation issued pursuant to this section is a valid complaint if the person receiving it appears in court.
E. It is a petty misdemeanor for a person signing a citation not to appear at the time and place stated in the citation regardless of the disposition of the offense for which the citation was issued. A written promise to appear may be complied with by appearance of counsel."
SECTION 2. Section 35-3-6 NMSA 1978 (being Laws 1968, Chapter 62, Section 51, as amended) is amended to read:
"35-3-6. JURISDICTION--TERRITORIAL LIMITS.--
A. The territorial jurisdiction of a magistrate is coextensive with the magistrate district in which the magistrate serves. [A magistrate also has jurisdiction in any criminal action involving violation of a law relating to motor vehicles arising in a magistrate district adjoining at any point that in which the magistrate serves and within magistrate trial jurisdiction; provided that the defendant is entitled to a change of venue to the district where the cause of action arose if the defendant so moves at, or within fifteen days after, arraignment.]
B. A magistrate has jurisdiction to sit in any action arising in any other magistrate district when designated for a specific period of time by a district judge because of the unavailability of a magistrate in that magistrate district. A magistrate acting in another magistrate district by designation pursuant to this subsection shall include the cases heard by designation in the magistrate's own reports to the administrative office of the courts, indicating on the reports that the magistrate's jurisdiction is by designation.
C. In a criminal action in which a magistrate has territorial jurisdiction over the offense pursuant to this section, the magistrate court has personal jurisdiction over the defendant for the purpose of service of process upon the defendant wherever the defendant resides or may be found within the state.
D. In a civil action arising within the magistrate's territorial jurisdiction, the magistrate court has personal jurisdiction over the defendant for the purpose of service of process upon the defendant wherever the defendant resides or may be found within the state.
E. The territorial limitations of magistrate court jurisdiction shall not apply to actions to enforce judgments entered in the magistrate district and writs issued in aid of those actions."
SECTION 3. Section 66-8-122 NMSA 1978 (being Laws 1953, Chapter 139, Section 185, as amended) is amended to read:
"66-8-122. IMMEDIATE APPEARANCE BEFORE MAGISTRATE.--Whenever any person is arrested for any violation of the Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor, [he] the person shall be immediately taken before an available magistrate in the county where the violation occurred who has jurisdiction of the offense when the:
A. person requests immediate appearance;
B. person is charged with driving while under the influence of intoxicating liquor or narcotic drugs;
C. person is charged with failure to stop in the event of an accident causing death, personal injuries or damage to property;
D. person is charged with reckless driving;
E. arresting officer has good cause to believe the person arrested has committed a felony;
F. person refuses to give [his] the person's written promise to appear in court or acknowledge receipt of a warning notice; or
G. person is charged with driving when [his] the person's privilege to do so was suspended or revoked pursuant to Section 66-8-111 NMSA 1978 or pursuant to a conviction for driving while under the influence of intoxicating liquor or drugs."
SECTION 4. Section 66-8-123 NMSA 1978 (being Laws 1978, Chapter 35, Section 531, as amended) is amended to read:
"66-8-123. CONDUCT OF ARRESTING OFFICER--NOTICES BY CITATION.--
A. Except as provided in Section 66-8-122 NMSA 1978, unless a penalty assessment or warning notice is given, whenever a person is arrested for any violation of the Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor, the arresting officer, using the uniform traffic citation, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the arrested person sign the agreement to appear as specified, give a copy of the citation to the arrested person and release [him] the person from custody.
B. Whenever a person is arrested for violation of a penalty assessment misdemeanor and elects to pay the penalty assessment, the arresting officer, using the uniform traffic citation, shall complete the information section and prepare the penalty assessment notice indicating the amount of the penalty assessment, have the arrested person sign the agreement to pay the amount prescribed, give a copy of the citation along with a business reply envelope addressed to the motor vehicle division in Santa Fe to the arrested person and release [him] the person from custody. No officer shall accept custody or payment of any penalty assessment. If the arrested person declines to accept a penalty assessment notice, the officer shall issue a notice to appear.
C. The arresting officer may issue a warning notice but shall fill in the information section of the uniform traffic citation and give a copy to the arrested person after requiring [his] the person's signature on the warning notice as an acknowledgment of receipt. No warning notice issued under this section shall be used as evidence of conviction for purposes of suspension or revocation of license under Section 66-5-30 NMSA 1978.
D. In order to secure [his] release, the arrested person must give [his] the person's written promise to appear in court or to pay the penalty assessment prescribed or acknowledge receipt of a warning notice.
E. A notice to appear issued pursuant to this section shall be filed in the county or district in which the offense is alleged to have been committed.
[E.] F. Any officer violating this section is guilty of a misconduct in office and is subject to removal.
[F.] G. A law enforcement officer who arrests a person without a warrant for a misdemeanor violation of the Motor Carrier Act, the Criminal Code, the Liquor Control Act or other New Mexico law may use the uniform traffic citation, issued pursuant to procedures outlined in Subsections B through E of Section 31-1-6 NMSA 1978, [Subsections B through E] in lieu of taking [him] the person to jail."
SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
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