SENATE BILL 538

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Mimi Stewart

AN ACT

RELATING TO CRIMINAL PROCEDURE; LIMITING PRETRIAL DETENTION FOR CERTAIN MISDEMEANORS.

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

     SECTION 1. [NEW MATERIAL] PRETRIAL DETENTION--LIMITATION.--

          A. A person accused of the crimes set forth in Subsection B of this section, or any crime or violation pursuant to a municipal or county ordinance with a potential penalty of imprisonment not exceeding ninety days, shall not be held in custody for more than forty-eight hours pending trial unless the person:

                (1) is also charged with a full misdemeanor not enumerated in Subsection B of this section or a felony arising from the same incident;

                (2) has been properly served two or more valid bench warrants for a failure to appear in the same case;

                (3) has outstanding bench warrants in other cases that are currently pending; or

                (4) is being validly held on bail in another case.

          B. The provisions of this section shall apply to persons accused of the following crimes:

                (1) littering pursuant to Section 30-8-4 NMSA 1978;

                (2) conduct offensive to public well-being pursuant to Section 30-8-12 NMSA 1978;

                (3) criminal trespass pursuant to Section 30-14-1 NMSA 1978;

                (4) wrongful use of public property pursuant to Section 30-14-4 NMSA 1978;

                (5) shoplifting pursuant to Paragraph (1) of Subsection B of Section 30-16-20 NMSA 1978;

                (6) disorderly conduct pursuant to Section 30-20-1 NMSA 1978;

                (7) all traffic misdemeanors and petty misdemeanor violations pursuant to the Motor Vehicle Code;

                (8) crimes or violations substantially similar to those set forth in Paragraphs (1) through (7) of this subsection pursuant to municipal or county ordinance; and

                (9) crimes or violations pursuant to municipal or county ordinances with a potential penalty of imprisonment not exceeding ninety days.

- 3 -