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 […]
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 […]
Section 31-27-10 – Return of property; damages; costs.
A. A law enforcement agency that holds seized property shall return the seized property to the owner of the property within a reasonable period of time that does not exceed five days after: (1) a court finds that a person had a bona fide security interest in the property; (2) a court finds that the […]
Section 31-27-11 – Transfer of forfeitable property to the federal government.
A. A law enforcement agency shall not directly or indirectly transfer seized property to a federal law enforcement authority or other federal agency unless: (1) the value of the seized property exceeds fifty thousand dollars ($50,000), excluding the potential value of the sale of contraband; and (2) the law enforcement agency determines that the criminal […]
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 […]