The 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 have entered without permission. A formal complaint must be submitted 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 existing laws regarding criminal damage to property and fraud, changing the classification of certain offenses. Specifically, it modifies the penalties for criminal damage to property when the damage exceeds $1,000, elevating it to a second-degree felony. It also updates the classification of fraud offenses based on the value of the property misappropriated, with the highest level of fraud now classified as a first-degree felony for amounts exceeding $20,000. Furthermore, the bill creates a civil cause of action for individuals wrongfully removed from their property, allowing them to seek restoration of possession and recover damages.

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