HOUSE BILL 116

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Antonio "Moe" Maestas and Monica Youngblood

AN ACT

RELATING TO CRIMINAL PROCEDURE; REVISING ELIGIBILITY REQUIREMENTS FOR PREPROSECUTION DIVERSION PROGRAMS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 31-16A-1 NMSA 1978 (being Laws 1981, Chapter 33, Section 1) is amended to read:

     "31-16A-1. SHORT TITLE.--[This act] Chapter 31, Article 16A NMSA 1978 may be cited as the "Preprosecution Diversion Act"."

     SECTION 2. Section 31-16A-4 NMSA 1978 (being Laws 1981, Chapter 33, Section 4) is amended to read:

     "31-16A-4. ELIGIBILITY.--

          A. A defendant [must] shall meet the following minimum criteria to be eligible for a preprosecution diversion program:

                (1) the defendant [must have] has no prior felony convictions for [a violent crime and no prior felony convictions for any crime for the previous ten years] an offense defined as a "serious violent offense" in Section 33-2-34 NMSA 1978;

                (2) the crime alleged to have been committed by the defendant is [nonviolent in nature, with the exception of domestic disputes not involving a minor] not an offense defined as a "serious violent offense" in Section 33-2-34 NMSA 1978;

                [(3) if the defendant was on probation previously, his probation must not have been revoked or unsatisfactorily discharged;

                (4) the defendant has not been admitted into a similar program for the previous ten years;

                (5)] (3) the defendant is willing to participate in the program and [submit] adhere to all program requirements;

                [(6) the crime alleged to have been committed by the defendant does not involve substantial sale or possession of controlled substances; and

                (7) a person meeting all of the above criteria] and

                (4) any additional criteria established by the district attorney [may be entered into the preprosecution diversion program].

          B. The district attorney may elect [to] not to divert a person to [the] a preprosecution diversion program even though that person meets the minimum criteria [herein] set forth in Subsection A of this section. A decision by the district attorney [to] not to divert a person to [the] a preprosecution diversion program is not subject to appeal and may not be raised as a defense to any prosecution or habitual offender proceeding.

          [B. A district attorney may set additional criteria.]"

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.

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