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 31-26-10.1 – Crime victim presence at court proceedings; plea agreement notification.
A. At any scheduled court proceeding, the court shall inquire on the record whether a victim is present for the purpose of making an oral statement or submitting a written statement respecting the victim’s rights enumerated in Section 31-26-4 NMSA 1978. If the victim is not present, the court shall inquire on the record whether […]
Section 31-26-11 – Procedures when an inmate or delinquent child escapes; corrections department; children, youth and families department.
A. The corrections department or the children, youth and families department shall immediately notify the sentencing judge or the children’s court judge, the district attorney of the judicial district from which the inmate or delinquent child was committed and the probation officer who authored the presentence report when an inmate or delinquent child: (1) escapes […]
Section 31-26-12 – Procedures when an inmate is released from incarceration; adult parole board; corrections department; procedures when a delinquent child is released from custody; juvenile parole board; children, youth and families department; district attorneys.
A. The adult parole board and the children, youth and families department shall provide a copy of their respective regular release dockets to each district attorney in the state at least ten working days before the docket is considered. The district attorney shall notify any person known to reside in the district who was a […]
Section 31-26-13 – Disclaimer.
Nothing in the Victims of Crime Act creates a cause of action on behalf of a person against a public employer, public employee, public agency, the state or any agency responsible for the enforcement of rights or provision of services set forth in that act. History: Laws 1994, ch. 144, § 13.
Section 31-26-14 – Effect of noncompliance.
A person accused or convicted of a crime against a victim shall have no standing to object to any failure by any person to comply with the provisions of the Victims of Crime Act. History: Laws 1994, ch. 144, § 14.
Section 31-26-15 – Identity theft passport; database.
A. The attorney general, in cooperation with the department of public safety and the motor vehicle division of the taxation and revenue department, shall issue an identity theft passport to a person who claims to be a victim of identity theft pursuant to Section 30-16-24.1 NMSA 1978 and who provides to the attorney general: (1) […]
Section 31-26-16 – Repealed.
History: Laws 2009, ch. 95, § 5; repealed by Laws 2019, ch. 203, § 8. ANNOTATIONS Repeals. — Laws 2019, ch. 203, § 8 repealed 31-26-16 NMSA 1978, as enacted by Laws 2009, ch. 95, § 5, relating to expungement from police and court records, effective January 1, 2020. For provisions of former section, see […]
Section 31-27-1 – Short title.
Chapter 31, Article 27 NMSA 1978 may be cited as the “Forfeiture Act”. History: Laws 2002, ch. 4, § 1; 2015, ch. 152, § 1. ANNOTATIONS Cross references. — For forfeitures for violations of hunting and fishing regulations, see 17-2-20.1 NMSA 1978. For forfeitures under the Cultural Properties Act, see 18-6-9.3 NMSA 1978. For forfeitures […]