New Mexico 2023 Regular Session

New Mexico House Bill HB139

Introduced
1/23/23  
Report Pass
1/30/23  
Report Pass
2/22/23  
Report Pass
3/2/23  
Engrossed
3/4/23  
Report Pass
3/16/23  
Enrolled
3/17/23  
Chaptered
4/5/23  

Caption

Eliminating Court Fees

Impact

The implications of HB139 are significant for state laws related to criminal justice. If passed, it would amend existing statutes to eliminate mandatory fees and costs previously imposed, leading to substantial changes in how fines are assessed and enforced within New Mexico's justice system. Moreover, the bill presents an alternative mechanism for fulfilling financial obligations, which could greatly reduce the number of individuals incarcerated for non-payment. With a planned elimination of court fees set for July 1, 2024, the bill provides a timeframe for recalibrating financial obligations in criminal cases.

Summary

House Bill 139 aims to eliminate court fees associated with various criminal proceedings, thereby reducing the financial burden on individuals involved in the justice system. The bill allows defendants to pay fines, fees, or costs through community service, providing meaningful labor that benefits the public while simultaneously alleviating the jail time typically imposed for non-payment. This approach seeks to provide a more equitable system by acknowledging that not all individuals can afford to pay fines outright, which often leads to additional punitive measures, including imprisonment.

Sentiment

The sentiment surrounding HB139 appears to be largely positive among its supporters, who argue that the measure fosters fairness and equity in the judicial process. Advocates, including criminal justice reform groups and legislators, champion the notion that financial status should not dictate one's access to justice or lead to imprisonment for failure to pay fines. However, there are concerns from some quarters regarding the potential loss of revenue that court fees provide for the state, leading to a debate over funding for court systems and related services.

Contention

Key points of contention center on the balance between maintaining judicial revenue sources and ensuring equitable treatment of offenders. Critics worry that the elimination of fees could impede court funding and management, leading to unintended consequences such as an increased burden on taxpayers. Proponents counter that the ethical imperative to prevent incarceration for the inability to pay fees outweighs these financial concerns. The bill's approach reshapes the dialogue on justice reform in New Mexico, forging a path towards a system that prioritizes rehabilitation and community service over punitive measures.

Companion Bills

No companion bills found.

Previously Filed As

NM SB1458

Courts; transfer of funds; eliminating certain fees. Effective date.

NM HB500

Eliminating youth court fees, costs, and certain fines and financial obligations

NM HB1493

Elimination of costs and fees in juvenile court.

NM HB1777

Court funds; court clerk's revolving fund; deleting fee amount; eliminating reference to District Court Revolving Fund; effective date; emergency.

NM HB1777

Court funds; court clerk's revolving fund; deleting fee amount; eliminating reference to District Court Revolving Fund; effective date; emergency.

NM HB3196

Fees and fines; creating the Burt Holmes Fee Structure Policy Act of 2022; eliminating fees, fines and costs; effective date.

NM SB54

Criminal Justice Changes

NM SB26

Protection Against Abuse And Violence Act

NM SB12

Rename Family Violence Protection Act

NM SB486

Child Welfare & Services Agency

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