HOUSE BILL 484

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Rhonda S. King

AN ACT

RELATING TO COURTS; PROVIDING NO RIGHT TO A JURY TRIAL IN MAGISTRATE COURT FOR PENALTY ASSESSMENT MISDEMEANORS OR FOR OFFENSES THAT DO NOT PRESCRIBE INCARCERATION AS A PENALTY; DECLARING AN EMERGENCY.

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

     Section 1. Section 35-8-1 NMSA 1978 (being Laws 1968, Chapter 62, Section 108, as amended) is amended to read:

     "35-8-1. MAGISTRATE JURY--RIGHT TO TRIAL BY JURY.--Except for contempt of the magistrate court, penalty assessment misdemeanors or offenses that do not prescribe incarceration as a penalty, the right to trial by jury exists in all actions in the magistrate court [which] that are within magistrate trial jurisdiction."

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

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