SENATE BILL 318

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

INTRODUCED BY

Jacob R. Candelaria

AN ACT

RELATING TO PUBLIC OFFICIALS; PROVIDING FOR REMOVAL FROM PUBLIC OFFICE IMMEDIATELY UPON CONVICTION OF A FELONY.

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

     SECTION 1. Section 10-1-2 NMSA 1978 (being Laws 1912, Chapter 44, Section 1, as amended) is amended to read:

     "10-1-2. PUBLIC OFFICE--CONVICTION OF CRIME--DISQUALIFICATION--REMOVAL--FORFEITURE.--[Sec. 2. That no]           A. A person convicted of a [felonious or infamous crime] felony, unless such person has been pardoned or restored to political rights, shall not be qualified to be elected or appointed to any public office in this state.

          B. If a person who holds a public office in this state is convicted of a felony, the person shall be deemed to have resigned from the public office immediately upon entry of the judgment of conviction, and the office shall be deemed vacant.

          C. As used in this section, "public office" means:

                (1) any elective office in the state;

                (2) the head of a cabinet-level department or agency whose appointment is subject to confirmation by the senate; or

                (3) an appointed position on a public board or commission."

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