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 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 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 outlines the procedures for law enforcement to follow when responding to these requests, including the authority to arrest unlawful occupants for related crimes. Overall, the legislation aims to streamline the process for property owners to reclaim their property while ensuring protections for individuals who may be wrongfully removed.

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