SENATE BILL 271

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Joseph Cervantes and Daniel A. Ivey-Soto

 

 

 

 

 

AN ACT

RELATING TO CRIMINAL PROCEDURE; REQUIRING THE COURT TO HOLD A PERSON WITHOUT BOND FOR A VIOLATION OF CONDITIONS OF RELEASE UNTIL A HEARING TO CONSIDER MODIFICATION OR REVOCATION OF THOSE CONDITIONS OF RELEASE; DECLARING AN EMERGENCY.

 

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

     SECTION 1. A new section of Chapter 31, Article 3 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] NO-BOND HOLD FOR VIOLATION OF CONDITIONS OF RELEASE.--

          A. When the chief clerk of a court receives notice that a person on pretrial release for a felony is subsequently arrested for a subsequent felony, the chief clerk of the court shall issue an order for the person to remain in custody without bond.

          B. The person shall remain in custody until each judge assigned to any previous felony cases holds a hearing to consider modification or revocation of the person's conditions of release."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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