SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 271

56th legislature - STATE OF NEW MEXICO - second session, 2024

 

 

 

 

 

 

 

AN ACT

RELATING TO CRIMINAL PROCEDURE; REQUIRING THE COURT TO HOLD A PERSON FOR A VIOLATION OF CONDITIONS OF RELEASE TO CONSIDER MODIFICATION OR REVOCATION OF THOSE CONDITIONS OF RELEASE.

 

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

     SECTION 1. A new section of Chapter 31, Article 3 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] HOLD FOR VIOLATION OF CONDITIONS OF RELEASE.--

          A. When a court receives notice that a person on pretrial release for a felony is arrested for a subsequent felony, the court shall issue an order for the person to remain in custody.

          B. The person shall remain in custody until each judge assigned to any of the person's pending previous felony cases or another judge assigned for that purpose considers modification or revocation of the person's conditions of release."

     SECTION 2. TEMPORARY PROVISION.--The supreme court may issue rules to implement the provisions of this act.

- 2 -