HOUSE BILL 508

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Debbie A. Rodella and Patricio Ruiloba

and Richard C. Martinez

AN ACT

RELATING TO CRIMINAL PROCEDURE; DEFINING SUFFICIENT SURETY FOR BAIL BONDS.

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

     SECTION 1. Section 31-3-5 NMSA 1978 (being Laws 1973, Chapter 73, Section 5) is amended to read:

     "31-3-5. APPROVAL OF BOND.--

          A. No bond shall be accepted from a paid surety, as defined in Section [41-3-4 NMSA 1953] 31-3-4 NMSA 1978 by a magistrate court or a district court unless:

                (1) executed on a form [which] that has been approved by the supreme court; and

                (2) backed by sufficient surety.

          B. For the purposes of this section, sufficient surety shall be the full amount of the bond utilizing cash, property or surety, as determined by the defendant. However, the court may specify the means by which the bond will be secured if the court makes a specific finding on the record with sufficient factual findings that it is necessary to effect the purposes for which the bond was set to require the defendant to secure the entire amount of the bond using a particular method. Sufficient surety shall not include an unsecured promise to pay all or part of a bond upon forfeiture of that bond."

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