0001| HOUSE BILL 880 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| DANNY CARPENTER | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC SAFETY; PROVIDING FOR THE CONFINEMENT OF | 0012| PRISONERS IN COUNTY AND MUNICIPAL JAILS. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 33-3-13 NMSA 1978 (being Laws 1889, | 0016| Chapter 8, Section 1, as amended) is amended to read: | 0017| "33-3-13. PRISONERS [WAITING] AWAITING TRIAL-- | 0018| CONFINEMENT IN COUNTY JAIL.--All persons charged with crime | 0019| committed in the state, while awaiting indictment or trial on | 0020| such charge, shall be incarcerated in the county jail of the | 0021| county wherein [such] the crime is alleged to have been | 0022| committed or any facility operated by [agreement between such | 0023| counties or municipalities] any county or municipality, | 0024| except that such persons may be temporarily imprisoned in | 0025| such other places of confinement while being conveyed or | 0001| awaiting conveyance by the sheriff of the proper county to | 0002| the jail of the proper county; provided that the sheriff or | 0003| jail administrator of any county, having the custody of anyone | 0004| charged with the commission of crime, shall be authorized to | 0005| remove such person to another county jail or any other place of | 0006| safety when in the opinion of the sheriff or jail administrator | 0007| the life of such person or others is in imminent danger; | 0008| provided further that this section shall not prevent a person | 0009| being confined in a jail other than the one belonging to the | 0010| county in which the crime charged is alleged to have been | 0011| committed when such person is confined in such other jail in | 0012| consequence of having taken a change of venue to such other | 0013| county." | 0014| Section 2. Section 33-3-14 NMSA 1978 (being Laws 1889, | 0015| Chapter 8, Section 2, as amended) is amended to read: | 0016| "33-3-14. WHICH COUNTY TO PAY EXPENSE. [SEC. 18.] | 0017| Whenever any person [shall be] is imprisoned in any | 0018| [county] facility operated by any county or municipality | 0019| other than the county in which the crime is alleged to have | 0020| been committed [in violation of this Chapter], the expense of | 0021| such imprisonment shall be [borne by] shifted from the | 0022| proper county to the county in which [such] the person is | 0023| [so] imprisoned. Provided, that whenever any prisoner | 0024| [shall be] is removed to another county under the | 0025| provisions of [the preceding] Section 33-3-13 NMSA 1978 | 0001| then, and in such case, the expense of removal and keeping | 0002| [such] the prisoner shall be paid by the county from which | 0003| [such] the prisoner was [so] removed." | 0004| Section 3. EFFECTIVE DATE.--The effective date of the | 0005| provisions of this act is July 1, 1997. | 0006|  State of New Mexico | 0007| House of Representatives | 0008| | 0009| FORTY-THIRD LEGISLATURE | 0010| FIRST SESSION, 1997 | 0011| | 0012| | 0013| March 3, 1997 | 0014| | 0015| | 0016| Mr. Speaker: | 0017| | 0018| Your JUDICIARY COMMITTEE, to whom has been referred | 0019| | 0020| HOUSE BILL 880 | 0021| | 0022| has had it under consideration and reports same with | 0023| recommendation that it DO NOT PASS, but that | 0024| | 0025| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE | 0001| BILL 880 | 0002| | 0003| DO PASS, and thence referred to the APPROPRIATIONS AND | 0004| FINANCE COMMITTEE. | 0005| | 0006| Respectfully submitted, | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| Thomas P. Foy, Chairman | 0013| | 0014| | 0015| Adopted Not Adopted | 0016| | 0017| (Chief Clerk) (Chief Clerk) | 0018| | 0019| Date | 0020| | 0021| The roll call vote was 8 For 0 Against | 0022| Yes: 8 | 0023| Excused: Alwin, King, Mallory, Rios, Sanchez | 0024| Absent: None | 0025| | 0001| G:\BILLTEXT\BILLW_97\H0880 HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 880 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO PUBLIC SAFETY; PROVIDING FOR THE CONFINEMENT OF | 0013| PRISONERS IN COUNTY AND MUNICIPAL JAILS. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 33-3-13 NMSA 1978 (being Laws 1889, | 0017| Chapter 8, Section 1, as amended) is amended to read: | 0018| "33-3-13. PRISONERS [WAITING] AWAITING TRIAL-- | 0019| CONFINEMENT IN COUNTY JAIL.--All persons charged with crime | 0020| committed in the state, while awaiting indictment or trial on | 0021| such charge, shall be incarcerated in the county jail of the | 0022| county wherein [such] the crime is alleged to have been | 0023| committed or any facility operated by [agreement between such | 0024| counties or municipalities] any county or municipality, | 0025| except that such persons may be temporarily imprisoned in | 0001| such other places of confinement while being conveyed or | 0002| awaiting conveyance [to the jail of the proper county] by | 0003| the sheriff of the county where the crime is alleged to have | 0004| been committed; provided that the sheriff or jail | 0005| administrator of any county, having the custody of anyone | 0006| charged with the commission of crime, shall be authorized to | 0007| remove such person to another county jail or any other place of | 0008| safety when in the opinion of the sheriff or jail administrator | 0009| the life of such person or others is in imminent danger; | 0010| provided further that this section shall not prevent a person | 0011| being confined in a jail other than the one belonging to the | 0012| county in which the crime charged is alleged to have been | 0013| committed when such person is confined in such other jail in | 0014| consequence of having taken a change of venue to such other | 0015| county." | 0016| Section 2. Section 33-3-14 NMSA 1978 (being Laws 1889, | 0017| Chapter 8, Section 2, as amended) is amended to read: | 0018| "33-3-14. WHICH COUNTY TO PAY EXPENSE. [SEC. 18.] | 0019| Whenever any person [shall be] is imprisoned in any | 0020| [county] facility operated by any county or municipality | 0021| other than the county in which the crime is alleged to have | 0022| been committed [in violation of this chapter], the expense of | 0023| such imprisonment shall be borne by the county [in which such | 0024| person is so imprisoned] where the crime is alleged to have | 0025| been committed. Provided, that whenever any prisoner [shall | 0001| be] is removed to another county under the provisions of | 0002| [the preceding] Section 33-3-13 NMSA 1978 then, and in such | 0003| case, the expense of removal and keeping [such] the | 0004| prisoner shall be paid by the county from which [such] the | 0005| prisoner was [so] removed." | 0006| Section 3. EFFECTIVE DATE.--The effective date of the | 0007| provisions of this act is July 1, 1997. | 0008|  |