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 the immediate removal of such occupants. 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 the county sheriff, who is then responsible for verifying the request and serving a notice to vacate to the unlawful occupants.

Additionally, the bill amends the classifications of crimes related to criminal damage to property and fraud, increasing the severity of penalties for certain offenses. It creates a civil cause of action for individuals wrongfully removed from their property, allowing them to seek restoration of possession and recover damages. The bill also includes provisions for law enforcement procedures in handling these cases, ensuring that property owners are not liable for damages to personal property removed during the eviction process unless the removal was wrongful.

Statutes affected:
introduced version: 30-15-1, 30-16-6