Section 31-28-1 – Short title.
Sections 5 through 10 [31-28-1 to 31-28-6 NMSA 1978] of this act may be cited as the “Crime Reduction Grant Act”. History: Laws 2019, ch. 192, § 5. ANNOTATIONS Effective dates. — Laws 2019, ch. 192, § 11 made Laws 2019, ch. 192 effective July 1, 2019.
Section 31-28-2 – Definitions.
As used in the Crime Reduction Grant Act: A. “commission” means the New Mexico sentencing commission; and B. “grant administration agency” means a state agency that receives appropriations for grants to criminal justice coordinating council members for the purposes specified in the Crime Reduction Grant Act. History: Laws 2019, ch. 192, § 6. ANNOTATIONS Effective […]
Section 31-27-4 – Forfeiture; conviction required; seizure of property; with process; without process.
A. A person’s property is subject to forfeiture pursuant to state law if: (1) the person was arrested for an offense to which forfeiture applies; (2) the person is convicted by a criminal court of the offense; and (3) the state establishes by clear and convincing evidence that the property is subject to forfeiture as […]
Section 31-27-4.1 – Receipt for seized property; replevin hearing.
A. When a law enforcement officer seizes property that is subject to forfeiture, the officer shall provide an itemized receipt to the person possessing the property or, in the absence of a person to whom the receipt could be given, shall leave the receipt in the place where the property was found, if possible. B. […]
Section 31-27-5 – Notice of intent to forfeit; service of process.
A. Within thirty days of making a seizure of property or simultaneously upon filing a related criminal indictment, the state shall file a notice of intent to forfeit or return the property to the person from whom it was seized. The notice shall include: (1) a description of the property seized; (2) the date and […]
Section 31-27-6 – Forfeiture proceedings; determination; substitution of property; constitutionality; appeal.
A. A person who claims an interest in seized property shall file a response within thirty days of the date of service of the notice of intent to forfeit. The response shall include facts to support the claimant’s alleged interest in the property. B. The district courts have jurisdiction over forfeiture proceedings, and venue for […]
Section 31-27-7 – Title to seized property; disposition of forfeited property and abandoned property; proceeds.
A. The state acquires provisional title to seized property at the time the property was used or acquired in connection with an offense that subjects the property to forfeiture. Provisional title authorizes the state to hold and protect the property. Title to the property shall vest with the state when a trier of fact renders […]
Section 31-27-7.1 – Innocent owners.
A. The property of an innocent owner, as provided in this section, shall not be forfeited. B. A person who claims to be an innocent owner has the burden of production to show that the person: (1) holds a legal right, title or interest in the property seized; and (2) held an ownership interest in […]
Section 31-27-8 – Safekeeping of seized property pending disposition.
With regard to seized property in the state courts: A. seized currency alleged to be subject to forfeiture shall be deposited with the clerk of the district court in an interest-bearing account; B. seized property other than currency or real property, not required by federal or state law to be destroyed, shall be placed under […]
Section 31-27-9 – Reporting.
A. Within sixty days following the conclusion of each fiscal year, every law enforcement agency shall prepare on a form approved by the department of public safety an annual report of the agency’s seizures and forfeitures conducted pursuant to applicable state law, and seizures and forfeitures conducted pursuant to federal forfeiture law, and the report […]