0001| HOUSE BILL 880
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| DANNY CARPENTER
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC SAFETY; PROVIDING FOR THE CONFINEMENT OF
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0012| PRISONERS IN COUNTY AND MUNICIPAL JAILS.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 33-3-13 NMSA 1978 (being Laws 1889,
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0016| Chapter 8, Section 1, as amended) is amended to read:
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0017| "33-3-13. PRISONERS [WAITING] AWAITING TRIAL--
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0018| CONFINEMENT IN COUNTY JAIL.--All persons charged with crime
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0019| committed in the state, while awaiting indictment or trial on
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0020| such charge, shall be incarcerated in the county jail of the
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0021| county wherein [such] the crime is alleged to have been
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0022| committed or any facility operated by [agreement between such
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0023| counties or municipalities] any county or municipality,
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0024| except that such persons may be temporarily imprisoned in
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0025| such other places of confinement while being conveyed or
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0001| awaiting conveyance by the sheriff of the proper county to
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0002| the jail of the proper county; provided that the sheriff or
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0003| jail administrator of any county, having the custody of anyone
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0004| charged with the commission of crime, shall be authorized to
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0005| remove such person to another county jail or any other place of
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0006| safety when in the opinion of the sheriff or jail administrator
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0007| the life of such person or others is in imminent danger;
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0008| provided further that this section shall not prevent a person
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0009| being confined in a jail other than the one belonging to the
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0010| county in which the crime charged is alleged to have been
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0011| committed when such person is confined in such other jail in
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0012| consequence of having taken a change of venue to such other
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0013| county."
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0014| Section 2. Section 33-3-14 NMSA 1978 (being Laws 1889,
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0015| Chapter 8, Section 2, as amended) is amended to read:
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0016| "33-3-14. WHICH COUNTY TO PAY EXPENSE. [SEC. 18.]
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0017| Whenever any person [shall be] is imprisoned in any
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0018| [county] facility operated by any county or municipality
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0019| other than the county in which the crime is alleged to have
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0020| been committed [in violation of this Chapter], the expense of
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0021| such imprisonment shall be [borne by] shifted from the
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0022| proper county to the county in which [such] the person is
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0023| [so] imprisoned. Provided, that whenever any prisoner
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0024| [shall be] is removed to another county under the
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0025| provisions of [the preceding] Section 33-3-13 NMSA 1978
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0001| then, and in such case, the expense of removal and keeping
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0002| [such] the prisoner shall be paid by the county from which
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0003| [such] the prisoner was [so] removed."
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0004| Section 3. EFFECTIVE DATE.--The effective date of the
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0005| provisions of this act is July 1, 1997.
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0006| State of New Mexico
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0007| House of Representatives
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0008|
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0009| FORTY-THIRD LEGISLATURE
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0010| FIRST SESSION, 1997
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0011|
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0012|
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0013| March 3, 1997
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0014|
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0015|
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0016| Mr. Speaker:
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0017|
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0018| Your JUDICIARY COMMITTEE, to whom has been referred
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0019|
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0020| HOUSE BILL 880
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0021|
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0022| has had it under consideration and reports same with
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0023| recommendation that it DO NOT PASS, but that
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0024|
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0025| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE
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0001| BILL 880
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0002|
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0003| DO PASS, and thence referred to the APPROPRIATIONS AND
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0004| FINANCE COMMITTEE.
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0005|
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0006| Respectfully submitted,
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0007|
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0008|
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0009|
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0010|
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0011|
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0012| Thomas P. Foy, Chairman
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0013|
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0014|
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0015| Adopted Not Adopted
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0016|
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019| Date
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0020|
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0021| The roll call vote was 8 For 0 Against
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0022| Yes: 8
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0023| Excused: Alwin, King, Mallory, Rios, Sanchez
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0024| Absent: None
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0025|
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0001| G:\BILLTEXT\BILLW_97\H0880 HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0002| HOUSE BILL 880
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0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0004|
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| AN ACT
|
0012| RELATING TO PUBLIC SAFETY; PROVIDING FOR THE CONFINEMENT OF
|
0013| PRISONERS IN COUNTY AND MUNICIPAL JAILS.
|
0014|
|
0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0016| Section 1. Section 33-3-13 NMSA 1978 (being Laws 1889,
|
0017| Chapter 8, Section 1, as amended) is amended to read:
|
0018| "33-3-13. PRISONERS [WAITING] AWAITING TRIAL--
|
0019| CONFINEMENT IN COUNTY JAIL.--All persons charged with crime
|
0020| committed in the state, while awaiting indictment or trial on
|
0021| such charge, shall be incarcerated in the county jail of the
|
0022| county wherein [such] the crime is alleged to have been
|
0023| committed or any facility operated by [agreement between such
|
0024| counties or municipalities] any county or municipality,
|
0025| except that such persons may be temporarily imprisoned in
|
0001| such other places of confinement while being conveyed or
|
0002| awaiting conveyance [to the jail of the proper county] by
|
0003| the sheriff of the county where the crime is alleged to have
|
0004| been committed; provided that the sheriff or jail
|
0005| administrator of any county, having the custody of anyone
|
0006| charged with the commission of crime, shall be authorized to
|
0007| remove such person to another county jail or any other place of
|
0008| safety when in the opinion of the sheriff or jail administrator
|
0009| the life of such person or others is in imminent danger;
|
0010| provided further that this section shall not prevent a person
|
0011| being confined in a jail other than the one belonging to the
|
0012| county in which the crime charged is alleged to have been
|
0013| committed when such person is confined in such other jail in
|
0014| consequence of having taken a change of venue to such other
|
0015| county."
|
0016| Section 2. Section 33-3-14 NMSA 1978 (being Laws 1889,
|
0017| Chapter 8, Section 2, as amended) is amended to read:
|
0018| "33-3-14. WHICH COUNTY TO PAY EXPENSE. [SEC. 18.]
|
0019| Whenever any person [shall be] is imprisoned in any
|
0020| [county] facility operated by any county or municipality
|
0021| other than the county in which the crime is alleged to have
|
0022| been committed [in violation of this chapter], the expense of
|
0023| such imprisonment shall be borne by the county [in which such
|
0024| person is so imprisoned] where the crime is alleged to have
|
0025| been committed. Provided, that whenever any prisoner [shall
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0001| be] is removed to another county under the provisions of
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0002| [the preceding] Section 33-3-13 NMSA 1978 then, and in such
|
0003| case, the expense of removal and keeping [such] the
|
0004| prisoner shall be paid by the county from which [such] the
|
0005| prisoner was [so] removed."
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0006| Section 3. EFFECTIVE DATE.--The effective date of the
|
0007| provisions of this act is July 1, 1997.
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0008|
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