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 31-29-1 – Short title. (Effective January 1, 2022.)
This act [31-29-1 to 31-29-16 NMSA 1978] may be cited as the “Uniform Collateral Consequences of Conviction Act”. History: Laws 2021, ch. 58, § 1. ANNOTATIONS Effective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 1 effective January 1, 2022.
Section 31-29-2 – Definitions. (Effective January 1, 2022.)
As used in the Uniform Collateral Consequences of Conviction Act: A. “collateral consequence” means a collateral sanction or a disqualification; B. “collateral sanction” means a penalty, disability or disadvantage, however denominated, imposed on an individual as a result of the individual’s conviction of an offense that applies by operation of law, whether or not the […]
Section 31-29-3 – Limitation on scope. (Effective January 1, 2022.)
A. The Uniform Collateral Consequences of Conviction Act does not provide a basis for: (1) invalidating a plea, conviction or sentence; (2) a cause of action for money damages; or (3) a claim for relief from or defense to the application of a collateral consequence based on a failure to comply with the Uniform Collateral […]
Section 31-29-4 – Identification, collection and publication of laws regarding collateral consequences. (Effective January 1, 2022.)
A. The identification agency: (1) shall identify or cause to be identified: (a) any provision in the constitution of New Mexico and New Mexico’s statutes published in the New Mexico Statutes Annotated that imposes a collateral sanction or authorizes the imposition of a disqualification; and (b) any provision of law that may afford relief from […]