The bill establishes a legal framework for the removal of unlawful occupants from real property in New Mexico. It defines "unlawfully occupying" as a crime of trespassing and allows property owners or their authorized agents to request immediate removal of such occupants through a verified complaint submitted to local law enforcement. The bill outlines specific conditions that must be met for the request to be valid, including that the property must be a residential dwelling, the occupants must have entered without permission, and there must be no pending litigation regarding the property. A standardized form for this complaint is provided, which includes declarations under penalty of perjury.

Additionally, the bill prescribes procedures for law enforcement to follow upon receiving a removal request, including serving a notice to vacate and verifying the identities of the unlawful occupants. It allows for the property owner to request police presence while changing locks and removing personal property, with a fee applicable for this service. Furthermore, the bill creates a civil cause of action for individuals wrongfully removed from property, allowing them to seek restoration of possession and recover damages. The bill also amends existing law regarding criminal damage to property, changing the classification of certain offenses.

Statutes affected:
introduced version: 30-15-1