SENATE BILL 149

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Antoinette Sedillo Lopez

 

 

 

 

 

AN ACT

RELATING TO COURTS; PROHIBITING CERTAIN ARRESTS IN COURTHOUSES; PROVIDING FOR A WRIT OF PROTECTION.

 

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

     SECTION 1. [NEW MATERIAL] ARRESTS IN COURTHOUSES--ARRESTS EN ROUTE TO AND FROM COURTHOUSES--REQUIRING JUDICIAL APPROVAL.--

          A. No arrests shall be made upon any person, including parties to a case, counsel in a case, witnesses, victims of a crime or family or household members of parties on any court property or en route to or from any court unless the arrest is authorized by a judicially issued warrant. Execution or attempted execution of an arrest without a judicially issued warrant constitutes contempt of court.

          B. A law enforcement officer making an arrest in a courthouse may do so only after presenting a judicially issued warrant to the judge presiding over the proceedings that the arrestee is at the courthouse to attend.

          C. As used in this section, "judicially issued warrant" means an arrest warrant that is signed by a federal or state judge.

     SECTION 2. [NEW MATERIAL] WRIT OF PROTECTION.--

          A. In the following manner, any person in a judicial proceeding may petition, under seal, for the issuance of a writ of protection to prevent the person from being arrested by a law enforcement agent for the purposes of traveling to, staying and leaving the court for the judicial proceeding:

                (1) for judicial proceedings in a district court, the person shall seek a writ of protection from the judge presiding over the proceeding;

                (2) for judicial proceedings in a magistrate, metropolitan or municipal court, the person shall seek a writ of protection from the district court in the magistrate, metropolitan or municipal court's judicial district; or

                (3) for judicial proceedings in the court of appeals or supreme court, the person shall seek a writ of protection from the supreme court.

          B. Upon denial of a writ of protection pursuant to Paragraph (1) or (2) of Subsection A of this section, a person may seek a writ of protection from the supreme court.

          C. A petition for a writ of protection must provide, by a preponderance of the evidence:

                (1) an account of why the person believes that the person may be subject to arrest at or en route to or from the courthouse;

                (2) an explanation of how an arrest would impede the person's ability to participate in the judicial proceeding; and

                (3) the judicial proceeding that the person is attending.

          D. Execution or attempted execution of an arrest in violation of a writ of protection constitutes criminal contempt of court.

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