N.M. Stat. § 31-29-4
Identification, collection and publication of laws regarding
collateral consequences.
A. The identification agency:
(1)
shall identify or cause to be identified:
(a) any provision in the constitution of New Mexico and New Mexico's statutes
published in the New Mexico Statutes Annotated that imposes a collateral sanction or
authorizes the imposition of a disqualification; and
(b) any provision of law that may afford relief from a collateral consequence;
(2)
not later than six months after the effective date of the Uniform Collateral
Consequences of Conviction Act, shall prepare or cause to be prepared a collection of
citations to, and the text or short descriptions of, the provisions identified pursuant to
Paragraph (1) of this subsection;
(3)
shall update or cause to be updated the collection provided for in
Paragraph (2) of this subsection within three months after the laws enacted during each
session of the legislature are published in the New Mexico Statutes Annotated; and
(4)
in complying with Paragraphs (1) and (2) of this subsection, may rely on
the study of New Mexico's collateral sanctions, disqualifications and relief provisions
prepared by the national institute of justice described in Section 510 of the federal Court
Security Improvement Act of 2007, Pub. L. 110-177.
B. As required by Subsection A of this section, the identification agency shall
include or cause to be included the following statements in a prominent manner at the
beginning of the collection:
(1)
"This collection has not been enacted into law and does not have the force
of law.";
(2)
"An error or omission in this collection, or in any reference work cited in
this collection, is not a reason for invalidating a plea, conviction or sentence or for not
imposing a collateral sanction or authorizing a disqualification.";
(3)
"The laws of other jurisdictions and New Mexico counties and
municipalities and the New Mexico Administrative Code are not included in this
collection and may impose additional collateral sanctions and authorize additional
disqualifications."; and
(4)
"This collection does not include any law or other provision regarding the
imposition of or relief from a collateral sanction or a disqualification enacted or adopted
after [insert date the collection was prepared or last updated].".
C. The identification agency shall publish or cause to be published in the manner
provided in Subsection D of this section the collection prepared and updated as
required by Subsection A of this section. If available, the identification agency shall
publish or cause to be published, as part of the collection, the title and internet address
of:
(1)
the most recent collection of collateral consequences imposed by federal
law; and
(2)
any provision of federal law that may afford relief from a collateral
consequence.
D. The collection provided for in Subsection C of this section shall be published on
the website of the identification agency and shall be available to the public on the
internet without charge not later than three weeks after it is created or updated.
- Public laws referenced
- Pub. L. 110-177