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.
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 […]
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 […]
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 […]
In a judicial or administrative proceeding alleging negligence or other fault, an order of limited relief may be introduced as evidence of a person’s due care in hiring, retaining, licensing, leasing to, admitting to a school or program or otherwise transacting business or engaging in activity with the individual to whom the order was issued […]
A victim of an offense may participate in a proceeding for issuance of an order of limited relief in the same manner as at a sentencing proceeding pursuant to the Victims of Crime Act [Chapter 31, Article 26 NMSA 1978]. History: Laws 2021, ch. 58, § 14. ANNOTATIONS Effective dates. — Laws 2021, ch. 58, […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
