0001| AN ACT | 0002| RELATING TO LAW ENFORCEMENT; PROVIDING COMPENSATION FOR ENFORCEMENT OF | 0003| STATE LAWS ON TRIBAL LANDS; DECLARING AN EMERGENCY. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62, | 0007| Section 92, as amended) is amended to read: | 0008| "35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF | 0009| "CONVICTED".-- | 0010| A. Each magistrate, including metropolitan court judges, | 0011| shall collect the following costs: | 0012| (1) Docket fee, criminal actions under Section 29-5-1 | 0013| NMSA 1978...............................$ 1.00; | 0014| (2) Docket fee, to be collected prior to docketing any | 0015| other criminal action, except as provided in Subsection B of Section 35-6-3 NMSA 1978 ...............20.00; | 0016| (3) Docket fee, to be collected prior to docketing any | 0017| civil action, except as provided in Subsection A of Section 35-6-3 NMSA | 0018| 1978.............................37.00; | 0019| (4) Jury fee, to be collected from the party demanding | 0020| trial by jury in any civil action at the time the demand is filed or | 0021| made.................................25.00; | 0022| (5) Copying fee, for making and certifying copies of | 0023| any records in the court, for each page copied by | 0024| photographic process ......................................50; and | 0025| (6) Copying fee, for computer-generated or | 0001| electronically transferred copies, per page ............ 1.00. | 0002| Proceeds from this copying fee shall be transferred to the | 0003| administrative office of the courts for deposit in the court | 0004| automation fund. Except as otherwise specifically provided | 0005| by law, docket fees shall be paid into the general fund. | 0006| B. Except as otherwise provided by law, no other | 0007| costs or fees shall be charged or collected in the magistrate | 0008| or metropolitan court. | 0009| C. The magistrate or metropolitan court may grant | 0010| free process to any party in any civil proceeding or special | 0011| statutory proceeding upon a proper showing of indigency. The | 0012| magistrate or metropolitan court may deny free process if it | 0013| finds that the complaint on its face does not state a cause of | 0014| action. | 0015| D. As used in this subsection, "convicted" means | 0016| the defendant has been found guilty of a criminal charge by the | 0017| magistrate or metropolitan judge either after trial, a plea of | 0018| guilty or a plea of nolo contendere. Each magistrate, | 0019| including metropolitan court judges, shall collect the | 0020| following costs: | 0021| (1) corrections fee, to be collected upon | 0022| conviction from persons convicted of violating any provision of | 0023| the Motor Vehicle Code involving the operation of a motor | 0024| vehicle, convicted of a crime constituting a misdemeanor or a | 0025| petty misdemeanor or convicted of violating any ordinance that | 0001| may be enforced by the imposition of a term of | 0002| imprisonment........................................... $10.00; | 0003| (2) court automation fee, to be collected | 0004| upon conviction from persons convicted of violating any | 0005| provision of the Motor Vehicle Code involving the operation of | 0006| a motor vehicle ......................................... 3.00; | 0007| (3) traffic safety fee, to be collected upon | 0008| conviction from persons convicted of violating any provision of | 0009| the Motor Vehicle Code involving the operation of a motor | 0010| vehicle ................................................. 3.00; | 0011| (4) judicial education fee, to be collected | 0012| upon conviction from persons convicted of operating a motor | 0013| vehicle in violation of the Motor Vehicle Code, convicted of a | 0014| crime constituting a misdemeanor or a petty misdemeanor or | 0015| convicted of violating any ordinance punishable by a term of | 0016| imprisonment............................................. 1.00; | 0017| and | 0018| (5) intergovernmental enforcement fee, to be | 0019| collected upon conviction from persons convicted of operating a | 0020| motor vehicle in violation of the Motor Vehicle Code, convicted | 0021| of a crime constituting a misdemeanor or a petty misdemeanor or | 0022| convicted of violating any ordinance punishable by a term of | 0023| imprisonment............................................. 2.00. | 0024| E. Metropolitan court judges shall collect as costs | 0025| a mediation fee not to exceed five dollars ($5.00) for the | 0001| docketing of small claims and criminal actions specified by | 0002| metropolitan court rule. Proceeds of the mediation fee shall | 0003| be deposited into the metropolitan court mediation fund." | 0004| Section 2. Section 35-7-4 NMSA 1978 (being Laws 1968, | 0005| Chapter 62, Section 99, as amended) is amended to read: | 0006| "35-7-4. MAGISTRATE ADMINISTRATION--MONTHLY REMITTANCES. | 0007| --Each magistrate court shall pay to the administrative office | 0008| of the courts, not later than the date each month established | 0009| by regulation of the director of the administrative office, the | 0010| amount of all fines, forfeitures and costs collected by him | 0011| during the previous month, except for amounts disbursed in | 0012| accordance with law. The administrative office shall return to | 0013| each magistrate a written receipt itemizing all money received. | 0014| The administrative office shall deposit the amount of all fines | 0015| and forfeitures with the state treasurer for credit to the | 0016| current school fund. The administrative office shall deposit | 0017| the amount of all costs, except all costs collected pursuant to | 0018| Subsections D and E of Section 35-6-1 NMSA 1978, for credit to | 0019| the general fund. The amount of all costs collected pursuant | 0020| to Subsections D and E of Section 35-6-1 NMSA 1978 shall be | 0021| credited as follows: | 0022| A. the amount of all costs collected pursuant to | 0023| Paragraph (1) of Subsection D of Section 35-6-1 NMSA 1978 for | 0024| credit to the local government corrections fund; | 0025| B. the amount of all costs collected pursuant to | 0001| Paragraph (2) of Subsection D of Section 35-6-1 NMSA 1978 for | 0002| credit to the court automation fund; | 0003| C. the amount of all costs collected pursuant to | 0004| Paragraph (3) of Subsection D of Section 35-6-1 NMSA 1978 for | 0005| credit to the traffic safety education and enforcement fund; | 0006| D. the amount of all costs collected pursuant to | 0007| Paragraph (4) of Subsection D of Section 35-6-1 NMSA 1978 for | 0008| credit to the judicial education fund; | 0009| E. the amount of all costs collected pursuant to | 0010| Paragraph (5) of Subsection D of Section 35-6-1 NMSA 1978 for | 0011| credit to the intergovernmental law enforcement fund; and | 0012| F. the amount of all costs collected pursuant to | 0013| Subsection E of Section 35-6-1 NMSA 1978 for credit to the | 0014| metropolitan court mediation fund." | 0015| Section 3. Section 66-8-116.3 NMSA 1978 (being Laws | 0016| 1989, Chapter 320, Section 5, as amended) is amended to read: | 0017| "66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL | 0018| FEES.--In addition to the penalty assessment established for | 0019| each penalty assessment misdemeanor, there shall be assessed: | 0020| A. ten dollars ($10.00) to help defray the costs of | 0021| local government corrections; | 0022| B. a court automation fee of three dollars ($3.00); | 0023| C. a traffic safety fee of three dollars ($3.00), | 0024| which shall be credited to the traffic safety education and | 0025| enforcement fund; | 0001| D. a judicial education fee of one dollar ($1.00), | 0002| which shall be credited to the judicial education fund; and | 0003| E. an intergovernmental enforcement fee of two | 0004| dollars ($2.00) to defray the costs of enforcement of state law | 0005| as it pertains to non-Indians in Indian country by police | 0006| departments of Indian nations, tribes and pueblos." | 0007| Section 4. INTERGOVERNMENTAL LAW ENFORCEMENT FUND--CREATED--ADMINISTRATION--DISTRIBUTION.-- | 0008| A. There is created in the state treasury the | 0009| "intergovernmental law enforcement fund" to be administered by | 0010| the local government division of the department of finance and | 0011| administration. | 0012| B. All balances in the fund are appropriated to the | 0013| local government division of the department of finance and | 0014| administration for payment to the police departments of tribal | 0015| governments located in the state to defray the costs of those | 0016| police departments enforcing state law as it pertains to | 0017| persons in Indian country. | 0018| C. Beginning July 1, 1996, and for each quarter | 0019| thereafter, the police department of a tribal government shall | 0020| maintain records documenting the officer-hours expended in | 0021| state court appearances on behalf of the state, investigating | 0022| violations of state law committed by non-Indians or cooperating | 0023| with state police or local government peace officers at the | 0024| request of the non-Indian law enforcement department. This | 0025| documentation shall be submitted to the local government | 0001| division of the department of finance and administration within | 0002| fifteen days following the last day of the quarter from which | 0003| the data for the record was compiled. The tribal police chief | 0004| shall certify that the documented officer-hours submitted are | 0005| true and accurate. Disbursements shall be made by the division | 0006| by the last day of the month following the end of each quarter. | 0007| D. To determine the distribution schedule from the | 0008| fund for any quarter the local government division of the | 0009| department of finance and administration shall: | 0010| (1) calculate the percentage of the total | 0011| amount of money in the fund that a police department of a | 0012| tribal government should receive in any quarter by dividing the | 0013| total number of officer-hours submitted in that quarter by a | 0014| tribal government by the total number of officer-hours | 0015| submitted by all the tribal governments for that quarter; and | 0016| (2) determine the disbursement to be made | 0017| from the fund to any one tribal government by multiplying the | 0018| amount of money in the fund on the last day of the quarter by | 0019| the percentage determined in Paragraph (1) of this subsection | 0020| for each tribal government. | 0021| E. Payments from the fund shall be made upon | 0022| vouchers issued and signed by the secretary of finance and | 0023| administration. | 0024| F. As used in this section: | 0025| (1) "fund" means the intergovernmental law | 0001| enforcement fund; and | 0002| (2) "tribal government" means an Indian | 0003| nation, tribe or pueblo located in New Mexico. | 0004| Section 5. EMERGENCY.--It is necessary for the public | 0005| peace, health and safety that this act take effect immediately. | 0006| | 0007| | 0008| HB 737 | 0009| Page  |