0001| SENATE BILL 691
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| TIMOTHY Z. JENNINGS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO CRIMINAL PROCEDURE; PROVIDING MUNICIPAL LAW
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0012| ENFORCEMENT OFFICERS THE AUTHORITY TO SERVE A WARRANT IN ANY
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0013| COUNTY OF THE STATE; AMENDING A SECTION OF THE CRIMINAL
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0014| PROCEDURE ACT.
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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 31-1-4 NMSA 1978 (being Laws 1972,
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0018| Chapter 71, Section 7, as amended) is amended to read:
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0019| "31-1-4. CRIMINAL ACTIONS--DOCKETING ACTION--SERVICE--
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0020| RETURN.--
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0021| A. Upon filing of the complaint of a law
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0022| enforcement officer, the court shall docket the action. Upon
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0023| the filing of the complaint of any other person, the court
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0024| shall collect the docket fee from the person before docketing
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0025| the action.
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0001| B. Upon the docketing of any criminal action, the
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0002| court may issue a summons directing the defendant to appear
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0003| before the court at a time stated in the summons.
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0004| C. When a warrant is issued in a criminal action,
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0005| it shall be directed to a law enforcement officer, and the
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0006| defendant named in the warrant shall, upon arrest, be brought
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0007| by the officer before the court without unnecessary delay.
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0008| D. It shall be the duty of the clerk of the
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0009| district court to issue process in criminal cases filed in the
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0010| district court. It shall be the duty of the clerk of the
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0011| magistrate court or the magistrate, if there is no clerk, to
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0012| issue process in criminal cases filed in the magistrate court.
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0013| It shall be the duty of the law enforcement officer to whom
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0014| process is directed to execute process and return the same to
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0015| the clerk of the court from which process is issued or, if
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0016| there is no clerk of the court, to the judge thereof.
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0017| E. [Except for criminal actions filed in municipal
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court] All police officers authorized to serve process issued
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0019| in any criminal action have jurisdiction to serve such process
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0020| in any county of this state."
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0021|
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0022|
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0023| FORTY-THIRD LEGISLATURE SB 691/a
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0024| FIRST SESSION, 1997
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0025|
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0001| March 3, 1997
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0002| Mr. President:
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0003|
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0004| Your JUDICIARY COMMITTEE, to whom has been referred
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0005|
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0006| SENATE BILL 691
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0007|
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0008| has had it under consideration and reports same with
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0009| recommendation that it DO PASS, amended as follows:
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0010|
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0011| 1. On page 1, beginning on line 12, strike "ANY", strike
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0012| lines 13 and 14 in their entirety and insert in lieu thereof "A
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0013| COUNTY ADJACENT TO THE MUNICIPALITY ISSUING THE WARRANT; AMENDING
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0014| SECTIONS OF THE NMSA 1978.".
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0015|
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0016| 2. On page 2, lines 16 and 17, restore the stricken
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0017| language.
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0018|
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0019| 3. On page 2, between lines 19 and 20, insert the following
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0020| new sections:
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0021|
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0022| "Section 2. Section 35-14-2 NMSA 1978 (being Laws 1961,
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0023| Chapter 208, Section 2, as amended) is amended to read:
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0024|
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0025| "35-14-2. JURISDICTION.--
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0001|
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0002| A. Each municipal court has jurisdiction over all
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0003| offenses and complaints under ordinances of the municipality and
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0004| may issue subpoenas and warrants and punish for contempt.
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0005|
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0006| B. Upon written agreement between a municipal court
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0007| and the governing body of a county where the municipal court is
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0008| located or a county adjacent to the county where that municipal
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0009| court is located, the municipal court shall have jurisdiction
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0010| over all offenses and complaints under ordinances of the
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0011| municipality and may issue subpoenas and warrants and punishment
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0012| for contempt. A municipal court shall promulgate the written
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0013| agreement that it has entered into with a county.
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0014|
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0015| [B.] C. Upon written agreement between the board of
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0016| regents of a state educational institution designated in Article
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0017| 12, Section 11 of the constitution of New Mexico and the
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0018| governing body of a municipality contiguous to land under control
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0019| of the board of regents or within which any portion of such land
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0020| is located, the municipal court has jurisdiction over violations
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0021| of campus traffic regulations adopted under Section 29-5-1 NMSA
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0022| 1978 as to areas under control of the board of regents. Fines
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0023| and forfeitures collected by the municipal court under campus
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0024| traffic regulations may be credited to the state educational
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0025| institution on whose campus the violation occurred.
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0001|
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0002| [C.] D. Each municipal court's personal
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0003| jurisdiction extends to any defendant who has been properly
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0004| served with criminal process of the court anywhere in the state
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0005| only if that criminal process arises out of a charge of
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0006| violation of a municipal ordinance prohibiting driving while
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0007| under the influence of intoxicating liquor or drugs."
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0008|
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0009| Section 3. Section 35-15-4 NMSA 1978 (being Laws 1884,
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0010| Chapter 39, Section 21, as amended) is amended to read:
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0011|
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0012| "35-15-4. SERVICE OF PROCESS OR ARREST. [Sec. 101.] Any
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0013| [constable or] sheriff of the county in which a municipality
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0014| is located or a county adjacent to the county where the municipal
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0015| court is located may serve any process or make any arrests
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0016| authorized [to be made] by any [city or town] municipal law
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0017| enforcement officer; provided that the municipal court has
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0018| entered into a written agreement with the county pursuant to the
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0019| provisions of Section 35-14-2 NMSA 1978."".
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0020|
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001| __________________________________
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0002| Fernando R. Macias, Chairman
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0003|
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0004|
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0005| Adopted_______________________ Not
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0006| Adopted_______________________
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009|
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0010| Date ________________________
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0011|
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0012|
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0013| The roll call vote was 5 For 0 Against
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0014| Yes: 5
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0015| No: None
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0016| Excused: Lopez, Sanchez, Vernon
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0017| Absent: None
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0018|
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0019| S0691JU1 .117916.4
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0020|
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0021|
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0022| FORTY-THIRD LEGISLATURE
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0023| FIRST SESSION
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0024|
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0025|
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0001| March 6, 1997
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0002|
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0003|
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0004| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 691, as
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0005| amended
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0006|
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0007| Amendment sponsored by Senator Timothy Z. Jennings
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0008|
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0009|
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0010| 1. Strike Senate Judiciary Committee Amendment 3.
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0011|
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0012| 2. On page 2, between lines 19 and 20, insert the following
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0013| new sections:
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0014|
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0015| "Section 2. Section 35-14-2 NMSA 1978 (being Laws 1961,
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0016| Chapter 208, Section 2, as amended) is amended to read:
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0017|
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0018| "35-14-2. JURISDICTION.--
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0019|
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0020| A. Each municipal court has jurisdiction over all
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0021| offenses and complaints under ordinances of the municipality and
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0022| may issue subpoenas and warrants and punish for contempt.
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0023|
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0024| B. Upon written agreement between a municipal court
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0025| and the governing body of a county where the municipal court is
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0001| located or a county adjacent to the county where that municipal
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0002| court is located, the municipal court shall have jurisdiction
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0003| over all offenses and complaints under ordinances of the
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0004| municipality and may issue subpoenas and warrants and punishment
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0005| for contempt. A municipal court shall promulgate the written
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0006| agreement that it has entered into with a county.
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0007|
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0008| [B.] C. Upon written agreement between the board of
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0009| regents of a state educational institution designated in Article
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0010| 12, Section 11 of the constitution of New Mexico and the
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0011| governing body of a municipality contiguous to land under control
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0012| of the board of regents or within which any portion of such land
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0013| is located, the municipal court has jurisdiction over violations
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0014| of campus traffic regulations adopted under Section 29-5-1 NMSA
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0015| 1978 as to areas under control of the board of regents. Fines
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0016| and forfeitures collected by the municipal court under campus
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0017| traffic regulations may be credited to the state educational
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0018| institution on whose campus the violation occurred.
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0019|
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0020| [C.] D. Each municipal court's personal
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0021| jurisdiction extends to any defendant who has been properly
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0022| served with criminal process of the court anywhere in the state
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0023| only if that criminal process arises out of a charge of
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0024| violation of a municipal ordinance prohibiting driving while
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0025| under the influence of intoxicating liquor or drugs."
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0001|
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0002| Section 3. Section 35-15-4 NMSA 1978 (being Laws 1884,
|
0003| Chapter 39, Section 21, as amended) is amended to read:
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0004|
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0005| "35-15-4. SERVICE OF PROCESS OR ARREST. [Sec. 101.] Any
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0006| [constable or] sheriff of the county in which a municipality
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0007| is located or a county adjacent to the county where the municipal
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0008| court is located may serve any process or make any arrests
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0009| within his jurisdiction authorized [to be made] by any [city
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or town] municipal law enforcement officer of a municipality
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0011| located within an adjacent county; provided that the municipal
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0012| court within the adjacent county has entered into a written
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0013| agreement with the county exercising jurisdiction pursuant to the
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0014| provisions of Section 35-14-2 NMSA 1978."".
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0015|
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0016| __________________________
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0017| Timothy Z. Jennings
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0018|
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0019|
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0020|
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0021| Adopted ___________________ Not Adopted _______________________
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0022| (Chief Clerk) (Chief Clerk)
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0023|
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0024|
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0025| Date _________________
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