0001|                         HOUSE BILL 539
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                         CISCO MCSORLEY
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0006|     
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0007|     
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0008|     
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0009|     FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0010|     
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0011|                             AN ACT
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0012|     RELATING TO CRIMINAL PROCEEDINGS; CLARIFYING THAT NEEDY PERSONS
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0013|     ARE ENTITLED TO RECEIVE EFFECTIVE ASSISTANCE OF COUNSEL;
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0014|     AMENDING A SECTION OF THE NMSA 1978.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|       Section 1.  Section 31-16-3 NMSA 1978 (being Laws 1968, 
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0018|     Chapter 69, Section 60) is amended to read:
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0019|       "31-16-3.  RIGHT TO REPRESENTATION.--
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0020|            A.  A needy person who is being detained by a law
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0021|     enforcement officer, or who is under formal charge of having
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0022|     committed, or is being detained under a conviction of, a serious
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0023|     crime, is entitled to be represented by an attorney <u>and to
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<u></u>0024| <u>    receive effective assistance of counsel</u> to the same extent as a
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0025|     person having his own counsel and to be provided with the
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0001|     necessary services and facilities of representation, including
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0002|     investigation and other preparation.  The attorney, services and
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0003|     facilities and expenses and court costs shall be provided at
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0004|     public expense for needy persons, <u>and those services shall be
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<u></u>0005| <u>    adequately compensated from the general fund</u>.
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0006|            B.  A needy person entitled to representation by an
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0007|     attorney under Subsection A <u>of this section</u> is entitled to be:
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0008|                 (1)  counseled and defended at all stages of the
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0009|     matter beginning with the earliest time when a person providing
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0010|     his own counsel would be entitled to be represented by an
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0011|     attorney;
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0012|                 (2)  represented in any appeal or review
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0013|     proceedings; and
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0014|                 (3)  represented in any other postconviction
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0015|     proceeding, <s>[that]</s> <u>including a habeas corpus petition filed
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<u></u>0016| <u>    in a state court of New Mexico, when</u> the attorney or the needy
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0017|     person considers <u>it</u> appropriate, unless the court in which the
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0018|     proceeding is brought determines that it is not a proceeding
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0019|     that a reasonable person with adequate means would be willing to
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0020|     bring at his own expense.
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0021|            C.  A needy person's right to a benefit under this
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0022|     section is unaffected by his having provided a similar benefit
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0023|     at his own expense, or by his having waived it, at an earlier
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0024|     stage."
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0025|       Section 2.  EFFECTIVE DATE.--The effective date of the
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0001|     provisions of this act is July 1, 1996. 
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