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

RELATING TO JUVENILE JUSTICE; PROVIDING MUNICIPAL, MAGISTRATE AND METROPOLITAN COURTS WITH CONCURRENT JURISDICTION OVER CERTAIN MISDEMEANOR OFFENSES; ENACTING A NEW SECTION OF THE DELINQUENCY ACT.

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

Section 1. A new section of the Delinquency Act is enacted to read:

"[NEW MATERIAL] JURISDICTION FOR CERTAIN MISDEMEANOR OFFENSES.--

A. Notwithstanding other provisions of the Children's Code and subject to the exception set forth in Subsection B of this section, the municipal, magistrate or metropolitan court shall have concurrent jurisdiction over the following misdemeanor offenses, when the person alleged to have committed the offense is a child and he has no more than one prior adjudication for any of the following misdemeanor offenses:

(1) assault, as provided in Section 30-3-1 NMSA 1978;

(2) battery, as provided in Section 30-3-4 NMSA 1978;

(3) criminal trespass, as provided in Section 30-14-1 NMSA 1978;

(4) graffiti, as provided in Subsection B of Section 30-15-1.1 NMSA 1978;

(5) shoplifting, as provided in Paragraph (1) or (2) of Subsection B of Section 30-16-20 NMSA 1978;

(6) possession of one ounce or less of marijuana, as provided in Paragraph (1) of Subsection B of Section 30-31-23 NMSA 1978; and

(7) possession of alcohol by a minor, as provided in Section 60-7B-1 NMSA 1978.

B. A municipal, magistrate or metropolitan court shall not incarcerate a child who has been adjudicated for an offense set forth in Subsection A of this section without first securing the approval of the children's court.

C. If the children's court acquires jurisdiction over a child pursuant to the alleged commission of a delinquent act not set forth in Subsection A of this section, it shall have jurisdiction over all offenses alleged to have been committed by the child arising out of the same occurrence.

D. When the municipal, magistrate or metropolitan court finds that a child committed an offense set forth in Subsection A of this section, it shall forward a copy of the disposition report to the district court. The district court shall maintain a registry of such disposition reports received from a municipal, magistrate or metropolitan court."

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