44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CRIMINAL PROCEEDINGS; CLARIFYING THAT NEEDY PERSONS ARE ENTITLED TO RECEIVE EFFECTIVE ASSISTANCE OF COUNSEL; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 31-16-3 NMSA 1978 (being Laws 1968,

Chapter 69, Section 60) is amended to read:

"31-16-3. RIGHT TO REPRESENTATION.--

A. A needy person who is being detained by a law enforcement officer, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime is entitled to be represented by an attorney and to receive effective assistance of counsel to the same extent as a person having his own counsel and to be provided with the necessary services and facilities of representation, including investigation and other preparation. The attorney, services and facilities and expenses and court costs shall be provided at public expense for needy persons and those services shall be adequately compensated from the general fund.

B. A needy person entitled to representation by an attorney under Subsection A of this section is entitled to be:

(1) counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled to be represented by an attorney;

(2) represented in any appeal or review proceedings; and

(3) represented in any other postconviction proceeding [that], including habeas corpus petitions filed in the state courts of New Mexico, when the attorney or the needy person considers it appropriate unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense.

C. A needy person's right to a benefit under this section is unaffected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.