The proposed bill establishes a legal framework for the removal of unlawful occupants from real property in New Mexico. It introduces a new section in Chapter 31 NMSA 1978 that defines "unlawfully occupying" as a crime of trespassing and outlines the process for property owners or their authorized agents to request immediate removal of such occupants through local law enforcement. The bill specifies the conditions under which a request can be made, including that the property must be a residential dwelling and that the unlawful occupants must not be current or former tenants or immediate family members. A standardized complaint form is provided for property owners to submit to law enforcement, which includes declarations under penalty of perjury.

Additionally, the bill outlines the procedures for law enforcement officers upon receiving a removal request, including verifying the identity of the requester and serving a notice to vacate to the unlawful occupants. It allows for the possibility of arrest for trespassing or other legal causes and establishes a fee structure for police assistance during the removal process. Furthermore, the bill amends existing law regarding criminal damage to property and introduces a new cause of action for individuals wrongfully removed from real property, allowing them to seek restitution through civil court.

Statutes affected:
introduced version: 30-15-1