FORTY-THIRD LEGISLATURE                  SB 691/a
                        FIRST SESSION, 1997
  
                                                    March 3, 1997
  Mr. President:
  
      Your JUDICIARY COMMITTEE, to whom has been referred
  
                          SENATE BILL 691
  
  has had it under consideration and reports same with recommendation
  that it DO PASS, amended as follows:
  
      1.  On page 1, beginning on line 12, strike "ANY", strike lines
  13 and 14 in their entirety and insert in lieu thereof "A COUNTY
  ADJACENT TO THE MUNICIPALITY ISSUING THE WARRANT; AMENDING SECTIONS
  OF THE NMSA 1978.".
  
      2.  On page 2, lines 16 and 17, restore the stricken language.
  
      3.  On page 2, between lines 19 and 20, insert the following
  new sections:
  
      "Section 2.  Section 35-14-2 NMSA 1978 (being Laws 1961, Chap-
  
  ter 208, Section 2, as amended) is amended to read:
  
      "35-14-2.  JURISDICTION.--
  
          A.  Each municipal court has jurisdiction over all offenses
  and complaints under ordinances of the municipality and may issue
  subpoenas and warrants and punish for contempt.
  
          B.  Upon written agreement between a municipal court and
  the governing body of a county where the municipal court is located
  or a county adjacent to the county where that municipal court is
  located, the municipal court shall have jurisdiction over all
  offenses and complaints under ordinances of the municipality and may
  issue subpoenas and warrants and punishment for contempt.  A
  municipal court shall promulgate the written agreement that it has
  entered into with a county.
  
          [B.] C.  Upon written agreement between the board of
  regents of a state educational institution designated in Article 12,
  Section 11 of the constitution of New Mexico and the governing body
  of a municipality contiguous to land under control of the board of
  regents or within which any portion of such land is located, the
  municipal court has jurisdiction over violations of campus traffic
  regulations adopted under Section 29-5-1 NMSA 1978 as to areas under
  control of the board of regents.  Fines and forfeitures collected by
  the municipal court under campus traffic regulations may be credited
  to the state educational institution on whose campus the violation
  occurred.
  
          [C.] D.  Each municipal court's personal jurisdiction
  extends to any defendant who has been properly served with criminal
  process of the court anywhere in the state only if that criminal
  process arises out of a charge of violation of a municipal ordinance
  prohibiting driving while under the influence of intoxicating liquor
  or drugs."
  
      Section 3.  Section 35-15-4 NMSA 1978 (being Laws 1884, Chapter
  39, Section 21, as amended) is amended to read:
  
      "35-15-4.  SERVICE OF PROCESS OR ARREST.--[Sec. 101.] Any
  [constable or] sheriff of the county in which a municipality is
  located or a county adjacent to the county where the municipal court
  is located may serve any process or make any arrests authorized [to
  be made] by any [city or town] municipal law enforcement officer;
  provided that the municipal court has entered into a written
  agreement with the county pursuant to the provisions of Section
  35-14-2 NMSA 1978."".
  
  
                               Respectfully submitted,
  
  
                               __________________________________
                               Fernando R. Macias, Chairman 
  
  
  Adopted_______________________   Not Adopted_______________________
            (Chief Clerk)                          (Chief Clerk)
  
  
                    Date ________________________
  
  
  The roll call vote was  5  For  0  Against
          Yes:    5
          No:     None
               Excused:     Lopez, Sanchez, Vernon
          Absent: None
  
  S0691JU1                                              .117916.4