Section 31-29-15 – Uniformity of application and construction. (Effective January 1, 2022.)
In applying and construing the Uniform Collateral Consequences of Conviction Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2021, ch. 58, § 15. ANNOTATIONS Effective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, […]
Section 31-29-16 – Saving and transitional provisions. (Effective January 1, 2022.)
A. Except as provided in Subsection B of this section, the Uniform Collateral Consequences of Conviction Act applies to collateral consequences whenever enacted or imposed unless the law creating the collateral consequence expressly states that the Uniform Collateral Consequences of Conviction Act does not apply. B. The Uniform Collateral Consequences of Conviction Act does not […]
Section 31-29-5 – Notice of collateral consequences in pretrial proceeding and at guilty plea. (Effective January 1, 2022.)
A. Except as provided in Subsection C of this section, counsel representing an individual charged with an offense shall cause written notice substantially similar to the following to be communicated to the individual: “NOTICE OF ADDITIONAL LEGAL CONSEQUENCES If you plead guilty or no contest to an offense, or are convicted of an offense, you […]
Section 31-29-6 – Notice of collateral consequences at sentencing and upon release. (Effective January 1, 2022.)
A. An individual convicted of an offense shall be given notice as provided in Subsections B and C of this section: (1) that collateral consequences may apply because of the conviction; (2) of the internet address of the collection of laws published pursuant to Subsections C and D of Section 4 [31-29-4 NMSA 1978] of […]
Section 31-29-7 – Authorization required for sanction; ambiguity. (Effective January 1, 2022.)
A. A collateral sanction may be imposed only by statute or ordinance or by a rule authorized by law and adopted in accordance with applicable law. B. A law creating a collateral consequence that is ambiguous as to whether it imposes a collateral sanction or authorizes a disqualification shall be construed as authorizing a disqualification. […]
Section 31-29-8 – Decision to disqualify. (Effective January 1, 2022.)
In deciding whether to impose a disqualification, a decision-maker shall undertake an individualized assessment to determine whether the benefit or opportunity at issue should be denied the individual. In making that decision, the decision-maker may consider, if substantially related to the benefit or opportunity at issue, the particular facts and circumstances involved in the offense […]
Section 31-29-9 – Effect of conviction by another state or the united states; relieved or pardoned conviction. (Effective January 1, 2022.)
A. For purposes of authorizing or imposing a collateral consequence in New Mexico, a conviction of an offense in a court of another state or the United States is deemed a conviction of the offense in New Mexico with the same elements. If there is no offense in New Mexico with the same elements, the […]
Section 31-29-10 – Order of limited relief. (Effective January 1, 2022.)
A. An individual convicted of an offense may petition for an order of limited relief from one or more collateral sanctions related to employment, education, housing, public benefits or occupational licensing. The petition shall be presented to the sentencing court before sentencing. B. Except as otherwise provided in Section 11 [31-29-11 NMSA 1978] of the […]
Section 31-29-11 – Collateral sanctions not subject to order of limited relief. (Effective January 1, 2022.)
An order of limited relief shall not be issued to relieve the following collateral sanctions: A. requirements imposed by the Sex Offender Registration and Notification Act; B. a motor vehicle license suspension, revocation, limitation or ineligibility pursuant to the Motor Vehicle Code [66-1-1 NMSA 1978], for which restoration or relief is available pursuant to law […]
Section 31-29-12 – Issuance of order of limited relief. (Effective January 1, 2022.)
A. The prosecutor shall be notified of a request for an order of limited relief. The court may issue an order of limited relief subject to restriction, condition or additional requirement. B. The court shall order any test, report, investigation or disclosure by the individual it reasonably believes necessary to its decision to issue an […]