FORTY-THIRD LEGISLATURE
                        FIRST SESSION, 1997               SB 37/a
  
                                                 February 5, 1997
  
  Mr. President:
  
      Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
  
                           SENATE BILL 37
  
  has had it under consideration and reports same with recommendation
  that it DO PASS, amended as follows:
  
      1.  On page 1, between lines 15 and 16, insert the following
  new section:
  
      "Section 1.  Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter
  62, Section 92, as amended) is amended to read:
  
      "35-6-1.  MAGISTRATE COSTS--SCHEDULE--DEFINITION OF
  "CONVICTED".--
  
          A.  Magistrate judges, including metropolitan court judges,
  shall collect the following costs:
    Docket fee, criminal actions under Section 29-5-1 NMSA 
     1978. . . . . . . . . . . . . . . . . . . . . . . .  $ 1.00 
    Docket fee, to be collected prior to docketing any other
        criminal action, except as provided in Subsection B of
     Section 35-6-3 NMSA 1978 . . . . . . . . . . . . . . .   20.00 
    Docket fee, ten dollars ($10.00) of which shall be
        deposited in the court automation fund, to be collected
     prior to docketing any civil action, except as provided in
     Subsection A of Section 35-6-3 NMSA 1978 . . . . . . .   47.00 
    Jury fee, to be collected from the party demanding trial 
        by jury in any civil action at the time the demand is filed
     or made. . . . . . . . . . . . . . . . . . . . . . . .   25.00 
    Copying fee, for making and certifying copies of any 
        records in the court, for each page copied by photographic
     process. . . . . . . . . . . . . . . . . . . . . . . . .   .50 
    Copying fee, for computer-generated or electronically 
        transferred copies, per page. . . . . . . . . . . . .  1.00.
                  Proceeds from this copying fee shall be transferred to the
          administrative office of the courts for deposit in the
          court automation fund.  Except as otherwise specifically
          provided by law, docket fees shall be paid into the general
          fund.
  
  
          B.  Except as otherwise provided by law, no other costs or
  fees shall be charged or collected in the magistrate or metropolitan
  court.
  
          C.  The magistrate or metropolitan court may grant free
  process to any party in any civil proceeding or special statutory
  proceeding upon a proper showing of indigency.  The magistrate or
  metropolitan court may deny free process if it finds that the
  complaint on its face does not state a cause of action.
  
          D.  As used in this subsection, "convicted" means the
  defendant has been found guilty of a criminal charge by the
  magistrate or metropolitan judge, either after trial, a plea of
  guilty or a plea of nolo contendere.  Magistrate judges, including
  metropolitan court judges, shall collect the following costs:
  
               (1)  corrections fee, to be collected upon conviction
  from persons convicted of violating any provision of the Motor
  Vehicle Code involving the operation of a motor vehicle, convicted
  of a crime constituting a misdemeanor or a petty misdemeanor or
  convicted of violating any ordinance that may be enforced by the
  imposition of a term of imprisonment 
   . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00; 
  
               (2)  court automation fee, to be collected upon
  conviction from persons convicted of violating any provision of the
  Motor Vehicle Code involving the operation of a motor vehicle,
  convicted of a crime constituting a misdemeanor or a petty
  misdemeanor or convicted of violating any ordinance that may be
  enforced by the imposition of a term of 
  imprisonment . . . . . . . . . . . . . . . . . . . .    10.00; 
  
               (3)  traffic safety fee, to be collected upon
  conviction from persons convicted of violating any provision of the
  Motor Vehicle Code involving the operation of a motor vehicle  3.00; 
  [and]
  
  
  
  
  
  
  
   
  
               (4)  judicial education fee, to be collected upon
  conviction from persons convicted of operating a motor vehicle in
  violation of the Motor Vehicle Code, convicted of a crime
  constituting a misdemeanor or a petty misdemeanor or convicted of
  violating any ordinance punishable by a term of 
  imprisonment . . . . . . . . . . . . . . . . . . . . . . .  1.00; and 
  
               (5)  brain injury services fee, to be collected upon
  conviction from persons convicted of violating any provision of the
  Motor Vehicle Code involving the operation of a motor
  vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . .   5.00.
  
          E.  Metropolitan court judges shall collect as costs a
  mediation fee not to exceed five dollars ($5.00) for the docketing
  of small claims and criminal actions specified by metropolitan court
  rule.  Proceeds of the mediation fee shall be deposited into the
  metropolitan court mediation fund."".
  
      2.  Renumber succeeding sections accordingly.,
  
  and thence referred to the JUDICIARY COMMITTEE.
  
                               Respectfully submitted,
  
  
                               __________________________________
                               Shannon Robinson, Chairman 
  
  Adopted_______________________   Not Adopted_______________________
            (Chief Clerk)                          (Chief Clerk)
  
                    Date ________________________
  
  The roll call vote was  6  For  0  Against
          Yes:    6
          No:     0
               Excused:     Boitano, Vernon, Smith
          Absent: None
  
  
  
  S0037PA1                                              .115364.1