0001| HOUSE BILL 889
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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| R. DAVID PEDERSON
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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 COURTS; PROVIDING THAT A PERCENTAGE OF A PUNITIVE
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0012| DAMAGES AWARD SHALL BE DEDICATED FOR THE PROVISION OF LEGAL
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0013| SERVICES TO INDIGENT PERSONS; CREATING FUNDS; MAKING AN
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0014| APPROPRIATION.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. PUNITIVE DAMAGES AWARD--PERCENTAGE OF AWARD
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0018| DEDICATED TO INDIGENT REPRESENTATION FUNDS.--If punitive
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0019| damages are awarded to a party in a civil action, the party who
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0020| receives the punitive damages award shall retain fifty percent
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0021| of the award. Twenty-five percent of the punitive damages
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0022| award shall be deposited in the civil indigent representation
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0023| fund and twenty-five percent of the punitive damages award
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0024| shall be deposited in the criminal indigent representation
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0025| fund. Section 2. CIVIL INDIGENT REPRESENTATION FUND
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0001| CREATED--ADMINISTRATION--DISTRIBUTION.--
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0002| A. There is created in the state treasury the
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0003| "civil indigent representation fund" to be administered by the
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0004| administrative office of the courts.
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0005| B. Balances in the civil indigent representation
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0006| fund may be expended by the administrative office of the courts
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0007| for the purpose of increasing the availability of civil legal
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0008| services to indigent persons. Balances in the fund shall be
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0009| expended by the administrative office of the courts in an
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0010| equitable manner throughout the state, upon a showing of need
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0011| by applicants for money from the fund.
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0012| C. Balances in the civil indigent representation
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0013| fund shall not revert at the end of any fiscal year.
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0014| D. Payments from the civil indigent representation
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0015| fund shall be made upon vouchers issued and signed by the
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0016| director of the administrative office of the courts upon
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0017| warrants drawn by the secretary of finance and administration.
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0018| Section 3. CRIMINAL INDIGENT REPRESENTATION FUND CREATED-
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0019| -ADMINISTRATION--DISTRIBUTION.--
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0020| A. There is created in the state treasury the
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0021| "criminal indigent representation fund" to be administered by
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0022| the public defender department.
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0023| B. Balances in the criminal indigent representation
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0024| fund may be expended by the public defender department for the
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0025| purpose of increasing the availability of criminal legal
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0001| services to indigent persons. Balances in the fund shall be
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0002| expended by the public defender department in an equitable
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0003| manner throughout the state, upon a showing of need by
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0004| applicants for money from the fund.
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0005| C. Balances in the criminal indigent representation
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0006| fund shall not revert at the end of any fiscal year.
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0007| D. Payments from the criminal indigent
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0008| representation fund shall be made upon vouchers issued and
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0009| signed by the chief public defender upon warrants drawn by the
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0010| secretary of finance and administration.
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0011| Section 4. EFFECTIVE DATE.--The effective date of the
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0012| provisions of this act is July 1, 1997.
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0013| State of New Mexico
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0014| House of Representatives
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| March 3, 1997
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0021|
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0022|
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0023| Mr. Speaker:
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0024|
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0025| Your JUDICIARY COMMITTEE, to whom has been referred
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0001|
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0002| HOUSE BILL 889
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0003|
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0004| has had it under consideration and reports same with
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0005| recommendation that it DO PASS, and thence referred to the
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0006| APPROPRIATIONS AND FINANCE COMMITTEE.
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0007|
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0008| Respectfully submitted,
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0010|
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0011|
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0012|
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0013|
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0014| Thomas P. Foy, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 10 For 0 Against
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0024| Yes: 10
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0025| Excused: Mallory, Rios, Sanchez
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0001| Absent: None
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0002|
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0003|
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0004| G:\BILLTEXT\BILLW_97\H0889
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