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HOUSE BILL 172
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Andrea Romero
AN ACT
RELATING TO TORTS; CLARIFYING THAT ABATEMENT SHALL NOT APPLY TO
ASSAULT OR ASSAULT AND BATTERY CAUSES OF ACTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 37-2-1 NMSA 1978 (being Laws 1884,
Chapter 5, Section 1, as amended) is amended to read:
"37-2-1. [WHAT CAUSES OF ACTION SURVIVE ] SURVIVAL OF
ACTIONS.--In addition to the causes of action [which ] that
survive at common law, causes of action for mesne profits or
for an injury to real or personal estate or for any deceit or
fraud shall also survive, and the action may be brought,
notwithstanding the death of the person entitled or liable to
the same. The cause of action for wrongful death and the cause
of action for personal injuries shall survive the death of the
party responsible [therefor ] for the death or injuries ."
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SECTION 2. Section 37-2-4 NMSA 1978 (being Laws 1884,
Chapter 5, Section 2, as amended) is amended to read:
"37-2-4. ABATEMENT OF ACTIONS .--[SEC. 199.] No action
pending in any court shall abate by the death of either or both
the parties [thereto] to the action, except an action for
libel, slander, malicious prosecution, [assault or assault and
battery] for a nuisance or against a [justice of the peace ]
magistrate for misconduct in office, which shall abate by the
death of the defendant."
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