HOUSE BILL 308

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Rick Little

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO CIVIL COMPROMISE; ALLOWING FOR A PERSON INJURED BY A CRIMINAL ACT FOR WHICH THERE IS A CIVIL REMEDY TO COMPROMISE THE CHARGE THROUGH SETTLEMENT PAID TO THE VICTIM OF THE CRIME; MAKING EXCEPTIONS.

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

     SECTION 1. [NEW MATERIAL] CIVIL COMPROMISE--EXCEPTIONS.--

          A. When a person injured by an act constituting criminal conduct has a remedy to the injury through a civil action, the criminal offense may be compromised, as provided in Subsection B of this section, except when the criminal act is committed:

                (1) by or upon a peace officer, while in the execution of the peace officer's duties;

                (2) with an intent to commit a violent felony, as defined in Section 31-18-23 NMSA 1978;

                (3) in violation of a court order, as defined in the Family Violence Protection Act;

                (4) by or upon a household member, as defined in the Family Violence Protection Act;

                (5) upon someone sixty years of age or older;

                (6) upon someone less than eighteen years of age or younger; or

                (7) by a defendant who has a prior violent felony conviction, as defined in Section 31-18-23 NMSA 1978.

          B. If the person injured appears in person or by affidavit before the court in which the action for the criminal offense is pending at any time before trial and acknowledges that the injured person has received satisfaction for the injury, the court may order all proceedings to be stayed upon the prosecution and dismiss the case. The reasons for the order must be set forth in a written order. The order is a bar to another prosecution for the same offense.

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