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SENATE BILL 359
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Craig W. Brandt
AN ACT
RELATING TO PROPERTY CRIME; PROVIDING A PROCESS FOR REMOVING
UNLAWFUL OCCUPANTS OF REAL PROPERTY FROM THAT PROPERTY;
PROVIDING A FORM TO REQUEST THE REMOVAL OF AN UNLAWFUL OCCUPANT
FROM REAL PROPERTY; PROVIDING PROCEDURES FOR LAW ENFORCEMENT TO
REMOVE UNLAWFUL OCCUPANTS FROM REAL PROPERTY; PRESCRIBING
PROCEDURES FOR NOTICE; CREATING A CAUSE OF ACTION FOR PERSONS
WHO WERE WRONGFULLY REMOVED FROM REAL PROPERTY; AMENDING THE
CLASSIFICATION OF THE CRIMES OF CRIMINAL DAMAGE TO PROPERTY AND
FRAUD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 31 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] REMOVAL OF UNLAWFUL OCCUPANTS--FORM.--
A. As used in this section, "unlawfully occupying"
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means a crime constituting trespassing pursuant to Chapter 30,
Article 14 NMSA 1978.
B. A property owner or the property owner's
authorized agent may request from the sheriff of a county in
which the real property is located the immediate removal of a
person or persons unlawfully occupying real property owned by
that property owner; provided that:
(1) the requester is the property owner or
authorized agent of the property owner;
(2) the real property that is being occupied
includes a residential dwelling;
(3) the purported unlawful occupant or
occupants entered without permission from the property owner or
the authorized agent of the property owner and continuously
reside on the real property in question;
(4) the real property was not open to members
of the public at the time the unlawful occupant or occupants
entered;
(5) the property owner or authorized agent of
the property owner has directed the unlawful occupant or
occupants to leave the real property;
(6) the unlawful occupant or occupants are not
current or former residents of the real property at issue
pursuant to a written or oral rental agreement pursuant to the
Uniform Owner-Resident Relations Act;
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(7) the unlawful occupant or occupants are not
immediate family members of the property owner; and
(8) there is no pending litigation related to
the real property between the property owner and any known
unlawful occupant or occupants.
C. To request the immediate removal of an unlawful
occupant of real property, the property owner or the property
owner's authorized agent shall submit a complaint by presenting
a completed and verified complaint to remove unlawful occupants
of real property to the sheriff of the county in which the real
property is located. The submitted complaint shall be in the
following form:
"COMPLAINT TO REMOVE UNLAWFUL OCCUPANTS OF REAL PROPERTY
I, ____________________________________________________,
(Property owner or property owner's authorized
agent's name)
the owner of the real property located at
____________________________________________________, declare
under the penalty of perjury that:
(1) I am the owner of the real property or the
authorized agent of the owner of the real property;
(2) the real property is a residential
dwelling;
(3) an unlawful occupant trespassed, pursuant
to Chapter 30, Article 14 NMSA 1978, and is residing unlawfully
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on the real property;
(4) the real property was not open to members
of the public at the time the unlawful occupant or occupants
entered;
(5) I have directed the unlawful occupant or
occupants to leave the real property, but the unlawful occupant
or occupants refuse to do so;
(6) the unlawful occupant or occupants are not
immediate family members of the property owner;
(7) the unlawful occupant or occupants are not
current or former tenants constituting holdover tenants
pursuant to a rental agreement between the property owner and
that tenant pursuant to the Uniform Owner-Resident Relations
Act;
(8) the unlawful occupant or occupants sought
to be removed are not owners or co-owners of the property and
are not lawfully listed on the title to the property;
(9) there is no pending litigation involving
the real property between the property owner and any person
sought to be removed;
(10) I understand that the unlawful occupant
or occupants that I seek to remove from the real property
pursuant to this procedure may bring a cause of action against
me for any false statements made in this complaint, or for
wrongfully using this procedure, and that as a result of such
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action, I may be held liable for actual damages, penalties,
costs and reasonable attorney fees;
(11) I am requesting the sheriff to
immediately remove the unlawful occupant or occupants from my
property; and
(12) a copy of my valid, government-issued
identification is attached to this form or, as an agent of the
property owner, documents evidencing my authority to act on the
property owner's behalf are attached.
I have read the statements contained in this petition and
each statement is true and correct. I understand that the
statements made in this petition are being made under penalty
of perjury, punishable as provided in Section 30-25-1 NMSA
1978.
_________________________________________________
(Signature of the Property Owner or the Authorized Agent)"."
SECTION 2. A new section of Chapter 31 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] REMOVAL OF UNLAWFUL OCCUPANTS--LAW
ENFORCEMENT PROCEDURES--NOTICE.--
A. Upon the receipt of a form provided pursuant to
Section 1 of this 2025 act, the sheriff of the county in which
the real property at issue is located shall verify that the
person submitting the form is the record owner of the real
property or the authorized agent of the owner and appears
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otherwise entitled to relief pursuant to this 2025 act. If
verified, the sheriff shall serve a notice to immediately
vacate on all unlawful occupants and shall put the person
submitting the form in actual possession of the real property.
The sheriff shall also attempt to verify the identities of all
persons unlawfully occupying the real property and note those
identities on the return of service, as provided pursuant to
Subsection B of this section. If appropriate, the sheriff may
arrest any person found on the real property for trespass,
outstanding warrants or any other legal cause, where warranted.
B. Pursuant to Subsection A of this section,
service may be accomplished by:
(1) hand delivery of notice to the alleged
unlawful occupant; or
(2) posting the notice on the front door or
entrance of the real property at issue.
C. After the sheriff serves the notice to
immediately vacate, the property owner or authorized agent may
request that the sheriff stand by to keep the peace while the
property owner or authorized agent of the property owner
changes the locks and removes the personal property of the
unlawful occupants from the premises to or near the property
line. When such a request is made, the law enforcement agency
that employs the sheriff may charge a reasonable fee, and the
person requesting the sheriff to stand by is responsible for
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paying the fee. The property owner or the property owner's
authorized agent is not liable to an unlawful occupant or any
other party for the loss, destruction or damage to the personal
property unless the removal was wrongful.
D. Nothing in this section shall limit the rights
of a property owner or limit the authority of a law enforcement
officer to arrest an unlawful occupant for trespassing,
vandalism, theft or other crimes."
SECTION 3. Section 30-15-1 NMSA 1978 (being Laws 1963,
Chapter 303, Section 15-1) is amended to read:
"30-15-1. CRIMINAL DAMAGE TO PROPERTY.--Criminal damage
to property consists of intentionally damaging any real or
personal property of another without the consent of the owner
of the property.
Whoever commits criminal damage to property is guilty of a
petty misdemeanor, except that when the damage to the property
amounts to more than one thousand dollars ($1,000), [he ] the
person is guilty of a [fourth ] second degree felony."
SECTION 4. Section 30-16-6 NMSA 1978 (being Laws 1963,
Chapter 303, Section 16-6, as amended) is amended to read:
"30-16-6. FRAUD.--
A. Fraud consists of the intentional
misappropriation or taking of anything of value that belongs to
another by means of fraudulent conduct, practices or
representations.
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B. Whoever commits fraud when the value of the
property misappropriated or taken is two hundred fifty dollars
($250) or less is guilty of a petty misdemeanor.
C. Whoever commits fraud when the value of the
property misappropriated or taken is over two hundred fifty
dollars ($250) but not more than five hundred dollars ($500) is
guilty of a misdemeanor.
D. Whoever commits fraud when the value of the
property misappropriated or taken is over five hundred dollars
($500) but not more than two thousand five hundred dollars
($2,500) is guilty of a fourth degree felony.
E. Whoever commits fraud when the value of the
property misappropriated or taken is over two thousand five
hundred dollars ($2,500) but not more than twenty thousand
dollars ($20,000) is guilty of a third degree felony.
F. Whoever commits fraud when the value of the
property misappropriated or taken exceeds twenty thousand
dollars ($20,000) is guilty of a [second ] first degree felony.
G. Whoever commits fraud when the property
misappropriated or taken is a firearm that is valued at less
than two thousand five hundred dollars ($2,500) is guilty of a
fourth degree felony."
SECTION 5. A new section of Chapter 42, Article 4 NMSA
1978 is enacted to read:
"[NEW MATERIAL] CAUSE OF ACTION--EJECTMENT--ACTION FOR
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UNLAWFUL REMOVAL FROM REAL PROPERTY.--A person removed pursuant
to Section 1 of this 2025 act may bring a civil cause of action
for ejectment to seek to restore possession of the real
property at issue. A person entitled to possession of the real
property pursuant to this section may recover actual costs and
damages incurred and statutory damages. The court shall
advance the cause on the calendar."
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