SENATE BILL 84

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Richard C. Martinez

ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO COURT OPERATIONS; REMOVING REVERSION FROM THE MAGISTRATE COURTS OPERATIONS FUND; EXTENDING THE PERIOD DURING WHICH THE MAGISTRATE COURTS OPERATIONS FEE SHALL BE ASSESSED.

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

     SECTION 1. Section 35-7-13 NMSA 1978 (being Laws 2010, Chapter 7, Section 1) is amended to read:

     "35-7-13. MAGISTRATE COURTS OPERATIONS FUND--CREATED--PURPOSE [TERMINATION OF FUND].--The "magistrate courts operations fund" is created in the state treasury for appropriation by the legislature for the operations of magistrate courts. The fund consists of magistrate courts operations fees collected pursuant to Section 66-8-116.3 NMSA 1978 and any appropriations, gifts, grants and donations. Income from the fund shall be credited to the fund. Money in the fund at the end of a fiscal [years 2010, 2011, 2012 and 2013] year shall not revert to any other fund. [Balances remaining in the fund at the end of fiscal year 2014 shall revert to the general fund, and the fund shall be dissolved on July 1, 2014.]"

     SECTION 2. Section 66-8-116.3 NMSA 1978 (being Laws 1989, Chapter 318, Section 35 and Laws 1989, Chapter 319, Section 14 and also 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 three dollars ($3.00), which shall be credited to the judicial education fund;

          E. a jury and witness fee of five dollars ($5.00), which shall be credited to the jury and witness fee fund;

          F. a juvenile adjudication fee of one dollar ($1.00), which shall be credited to the juvenile adjudication fund;

          G. a brain injury services fee of five dollars ($5.00), which shall be credited to the brain injury services fund;

           H. a court facilities fee as follows:

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

in any other county. . . . . . . . . . . . . . . . . . . 10.00;

and

          I. until May 31, [2014] 2019 a magistrate courts operations fee of four dollars ($4.00), which shall be credited to the magistrate courts operations fund."

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