Chapter 31 — Chapter 31

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury i…

state. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pendi…

If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before…

This act [31-8-1 to 31-8-6 NMSA 1978] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. History: Laws 1937, ch. 66, § 5; 1941 Comp., § 42-1217; 1953 Comp., § 41-12-17.

This act [31-8-1 to 31-8-6 NMSA 1978] may be cited as "Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings". History: Laws 1937, ch. 66, § 6; 1941 Comp., § 42-1218; 1953 Comp., § 41-12-18.

A. When a party or the court raises a question as to a defendant's competency to stand trial in a criminal case, the proceeding shall be suspended until the issue is determined. B. Unless the case is dismissed upon motion of a party or through diversion, if the question of a defe…

determination. A. A defendant's competency shall be evaluated by a psychologist or psychiatrist or other qualified professional recognized by the district court as an expert. The qualified professional who evaluates a defendant's competency shall prepare an evaluation report and …

A. If, after a competency hearing, a court determines that a defendant is not competent to stand trial, the court shall determine if the defendant is dangerous. A defendant who is not competent is dangerous if the court finds by clear and convincing evidence that the defendant pr…

continuing treatment. A. Within ninety days after a court issues an order committing a defendant for competency restoration, the court, sitting without a jury, shall conduct a review hearing, unless waived by the defense, and shall determine: (1) whether the defendant has been re…

If at any time the district court determines that there is not a substantial probability that the defendant will be restored to competency within nine months from the date the court determined the defendant is not competent to stand trial, the district court may: A. hold a crimin…

evidentiary hearing. A. If the court determines that there is not a substantial probability that a defendant who is not competent to stand trial will be restored to competency, a commitment hearing to determine the sufficiency of the evidence of the defendant's guilt shall be hel…

disability. A. Upon motion of a party or the court, the court shall hold a hearing to determine whether the defendant is not competent due to a developmental or intellectual disability as defined in Subsection E of this section, and the evaluator shall be provided with the necess…

A. Upon motion of a party or the court, the court shall order a mental examination of the defendant before making any determination of the defendant's competency. If the defendant is determined to be indigent, the court shall pay for the costs of the examination from funds availa…

History: Laws 1982, ch. 55, § 1; repealed by Laws 2010, ch. 97, § 1.

History: Laws 1982, ch. 55, § 2; repealed by Laws 2010, ch. 97, § 1.

A. All appeals and writs of error in criminal cases have the effect of a stay of execution of the sentence of the district court until the decision of the supreme court or court of appeals. B. If a defendant is convicted of a capital or violent offense and is sentenced to death o…

recognized.] If an appeal be granted, the district court shall order the defendant to be committed or recognized and the commitment or recognizance shall be to the same effect as when the defendant himself is appellant. History: Laws 1917, ch. 43, § 51; C.S. 1929, § 105-2528; 194…

In any criminal case, if the supreme court or court of appeals affirms the judgment of the district court upon review brought by the defendant, it shall direct that the sentence pronounced be executed; and if the judgment is reversed, it shall direct a new trial or that the defen…

In any criminal case, if the supreme court or court of appeals affirms the judgment of the district court upon review brought by the state, it shall direct that the defendant be discharged; and if the judgment is reversed, it shall direct the district court to enter judgment on t…

The district court to which any criminal cause shall be remanded for new trial shall proceed thereon in same manner as if said cause had not been theretofore tried. History: Laws 1917, ch. 43, § 57; C.S. 1929, § 105-2531; 1941 Comp., § 42-1507; 1953 Comp., § 41-15-7.

A prisoner in custody under sentence of a court established by the laws of New Mexico claiming the right to be released upon the ground that the sentence was imposed in violation of the constitution of the United States, or of the constitution or laws of New Mexico, or that the c…

ANNOTATIONS Repeals. — Laws 1990, ch. 104, § 3 repealed 31-12-10 NMSA 1978, as amended by Laws, 1990, ch. 104, § 1, relating to DWI fund, effective July 1, 1991. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com.

History: Laws 2003, ch. 387, § 1; 2008, ch. 7, § 1; repealed by Laws 2023, ch. 184, § 19.

fund created; appropriation; program requirements. A. The "domestic violence offender treatment or intervention fund" is created in the state treasury. The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administrat…

History: Laws 2015, ch. 10, § 3; repealed by Laws 2023, ch. 184, § 19.

The court, by its own motion or by defendant petition, may waive fees or costs assessed prior to July 1, 2024. History: Laws 2023, ch. 184, § 4.

service option. A. Any person sentenced to pay a fine or to pay fees and costs in any criminal proceeding against the person, either in addition to or without a term of imprisonment, shall be allowed to pay such fine, fees or costs in installments of such amounts, at such times a…

History: Laws 1858-1859, p. 30; C.L. 1865, ch. 46, § 14; C.L. 1884, § 2506; C.L. 1897, § 3445; Code 1915, § 4450; C.S. 1929, § 105-2229; 1941 Comp., § 42-1304; 1953 Comp., § 41-13-4; 1972, ch. 71, § 16; 1978 Comp., § 31-12-6 repealed by Laws 2023, ch. 184, § 19.

History: Laws 1981, ch. 367, § 1; 1988, ch. 56, § 5; 1991, ch. 245, § 1; 1997, ch. 203, § 1; 2010, ch. 5, § 1; repealed by Laws 2023, ch. 184, § 19.

History: Laws 1981, ch. 367, § 2; 1984, ch. 82, § 1; 1988, ch. 14, § 5; repealed by Laws 2023, ch. 184, § 19.

There is created in the state treasury the "crime laboratory fund". The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978]. All balances in the crime laboratory fund …

public trust. A person who has been convicted of a felony shall not be permitted to hold an office of public trust for the state, a county, a municipality or a district, unless the person has presented the governor with a certificate verifying the completion of the sentence and w…

History: 1978 Comp., § 31-14-12, enacted by Laws 1979, ch. 150, § 9; 1978 Comp., § 31-14-12, repealed by Laws 2009, ch. 11, § 5.

History: Laws 1929, ch. 69, § 10; C.S. 1929, § 35-330; 1941 Comp., § 42-1410; 1953 Comp., § 41-14-10; 1978 Comp., § 31-14-10, repealed by Laws 2009, ch. 11, § 5.

History: 1953 Comp., § 41-14-11.1, enacted by Laws 1955, ch. 127, § 1; 1979, ch. 150, § 8; 1978 Comp., § 31-14-11, repealed by Laws 2009, ch. 11, § 5.

History: 1978 Comp., § 31-14-12, enacted by Laws 1979, ch. 150, § 9; 1978 Comp., § 31-14-12, repealed by Laws 2009, ch. 11, § 5.

History: 1953 Comp., § 41-14-11.3, enacted by Laws 1955, ch. 127, § 3; 1978 Comp., § 31-14-13, repealed by Laws 2009, ch. 11, § 5.

History: 1953 Comp., § 41-14-11.4, enacted by Laws 1955, ch. 127, § 4; 1979, ch. 150, § 10; 1978 Comp., § 31-14-14, repealed by Laws 2009, ch. 11, § 5.

History: Laws 1929, ch. 69, § 12; C.S. 1929, § 35-332; 1941 Comp., § 42-1412; 1953 Comp., § 41-14-12; 1978 Comp., § 31-14-15, repealed by Laws 2009, ch. 11, § 5.

History: Laws 1929, ch. 69, § 13; C.S. 1929, § 35-333; 1941 Comp., § 42-1413; 1953 Comp., § 41-14-13; 1978 Comp., § 31-14-16, repealed by Laws 2009, ch. 11, § 5.

History: Laws 1929, ch. 69, § 2; C.S. 1929, § 35-322; 1941 Comp., § 42-1402; 1953 Comp., § 41-14-2; 1978 Comp., § 31-14-2, repealed by Laws 2009, ch. 11, § 5.

History: Laws 1929, ch. 69, § 3; C.S. 1929, § 35-323; 1941 Comp., § 42-1403; 1953 Comp., § 41-14-3; 1978 Comp., § 31-14-3, repealed by Laws 2009, ch. 11, § 5.

History: Laws 1929, ch. 69, § 4; C.S. 1929, § 35-324; 1941 Comp., § 42-1404; 1953 Comp., § 41-14-4; 1978 Comp., § 31-14-4, repealed by Laws 2009, ch. 11, § 5.

History: Laws 1929, ch. 69, § 5; C.S. 1929, § 35-325; 1941 Comp., § 42-1405; 1953 Comp., § 41-14-5; 1978 Comp., § 31-14-5, repealed by Laws 2009, ch. 11, § 5.

History: Laws 1929, ch. 69, § 6; C.S. 1929, § 35-326; 1941 Comp., § 42-1406; 1953 Comp., § 41-14-6; 2005, ch. 313, § 8; 1978 Comp., § 31-14-6, repealed by Laws 2009, ch. 11, § 5.

History: Laws 1929, ch. 69, § 7; C.S. 1929, § 35-327; 1941 Comp., § 42-1407; 1953 Comp., § 41-14-7; 2005, ch. 313, § 9; 1978 Comp., § 31-14-7, repealed by Laws 2009, ch. 11, § 5.

History: Laws 1929, ch. 69, § 8; C.S. 1929, § 35-328; 1941 Comp., § 42-1408; 1953 Comp., § 41-14-8; 1978 Comp., § 31-14-8, repealed by Laws 2009, ch. 11, § 5.

History: Laws 1929, ch. 69, § 9; C.S. 1929, § 35-329; 1941 Comp., § 42-1409; 1953 Comp., § 41-14-9; 1978 Comp., § 31-14-9, repealed by Laws 2009, ch. 11, § 5.

Chapter 31, Article 15 NMSA 1978 may be cited as the "Public Defender Act". History: 1953 Comp., § 41-22A-1, enacted by Laws 1973, ch. 156, § 1; 2013, ch. 195, § 2.

A. Under the supervision and control of the chief, each district public defender shall administer the operation of the department office within his district. B. The district public defender or the chief may authorize the representation of a person who is without counsel and who i…