New Mexico 2025 Regular Session

New Mexico Senate Bill SB407 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	underscored material = new
2	2	[bracketed material] = delete
3	3	1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27	25
28	28	SENATE BILL 407
29	29	57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30	30	INTRODUCED BY
31	31	Linda M. López and Antoinette Sedillo Lopez
32	32	AN ACT
33	33	RELATING TO CIVIL ACTIONS; ENACTING THE WRONGFUL CONVICTION
34	34	COMPENSATION AND SERVICES ACT; PROVIDING FOR DAMAGES AND OTHER
35	35	RELIEF FOR A WRONGFULLY CONVICTED PERSON; REQUIRING NOTICE OF
36	36	THE RIGHT TO FILE A PETITION FOR RELIEF; REQUIRING RULEMAKING;
37	37	CREATING THE WRONGFUL CONVICTION COMPENSATION FUND; MAKING AN
38	38	APPROPRIATION.
39	39	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
40	40	SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
41	41	cited as the "Wrongful Conviction Compensation and Services
42	42	Act".
43	43	SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
44	44	Wrongful Conviction Compensation and Services Act:
45	45	A. "conviction" means, under the laws of New
46	46	Mexico, conviction of a crime or adjudication of delinquency
47	47	.230742.1 underscored material = new
48	48	[bracketed material] = delete
49	49	1
50	50	2
51	51	3
52	52	4
53	53	5
54	54	6
55	55	7
56	56	8
57	57	9
58	58	10
59	59	11
60	60	12
61	61	13
62	62	14
63	63	15
64	64	16
65	65	17
66	66	18
67	67	19
68	68	20
69	69	21
70	70	22
71	71	23
72	72	24
73	73	25
74	74	for a crime by a children's court;
75	75	B. "correctional facility" means a:
76	76	(1) state correctional facility;
77	77	(2) privately operated correctional facility;
78	78	(3) county jail;
79	79	(4) privately operated jail;
80	80	(5) detention facility operated under the
81	81	authority of the children, youth and families department that
82	82	holds a person pending a court hearing; or
83	83	(6) facility operated under the authority of
84	84	the children, youth and families department that provides for
85	85	the care and rehabilitation of a person who is younger than
86	86	eighteen years of age and who has committed an act that would
87	87	be designated a crime under the law if committed by a person
88	88	who is eighteen years of age or older;
89	89	C. "incarceration" means a released person's:
90	90	(1) confinement in a correctional facility; or
91	91	(2) involuntary confinement in the New Mexico
92	92	behavioral health institute at Las Vegas or another behavioral
93	93	health facility;
94	94	D. "petition" means a petition for relief filed
95	95	pursuant to the Wrongful Conviction Compensation and Services
96	96	Act;
97	97	E. "petitioner" means:
98	98	(1) a released person who files a petition; or
99	99	.230742.1
100	100	- 2 - underscored material = new
101	101	[bracketed material] = delete
102	102	1
103	103	2
104	104	3
105	105	4
106	106	5
107	107	6
108	108	7
109	109	8
110	110	9
111	111	10
112	112	11
113	113	12
114	114	13
115	115	14
116	116	15
117	117	16
118	118	17
119	119	18
120	120	19
121	121	20
122	122	21
123	123	22
124	124	23
125	125	24
126	126	25
127	127	(2) if a released person is deceased, the
128	128	executor or administrator of the person's estate or the
129	129	person's personal representative who files a petition;
130	130	F. "released person" means a person who:
131	131	(1) under the laws of New Mexico, was
132	132	convicted of and sentenced for a crime or adjudicated as a
133	133	delinquent child for a crime by a children's court; and
134	134	(2) is the subject of a petition; and
135	135	G. "sentenced" means, in connection with a
136	136	conviction, a released person was sentenced to a period of
137	137	incarceration, parole, probation or registration on the
138	138	registry for sex offenders.
139	139	SECTION 3. [NEW MATERIAL] PETITION--REQUIREMENTS--
140	140	PARTIES.--
141	141	A. A petitioner shall file a petition in district
142	142	court within the time limitations provided in Section 9 of the
143	143	Wrongful Conviction Compensation and Services Act.
144	144	B. A district court in which a petition is filed
145	145	shall:
146	146	(1) set a hearing on the petition no more than
147	147	one hundred eighty days from the date the petition is filed,
148	148	unless good cause exists to set the hearing at a later date;
149	149	and
150	150	(2) provide notice of the hearing to the
151	151	petitioner and to the state department of justice no fewer than
152	152	.230742.1
153	153	- 3 - underscored material = new
154	154	[bracketed material] = delete
155	155	1
156	156	2
157	157	3
158	158	4
159	159	5
160	160	6
161	161	7
162	162	8
163	163	9
164	164	10
165	165	11
166	166	12
167	167	13
168	168	14
169	169	15
170	170	16
171	171	17
172	172	18
173	173	19
174	174	20
175	175	21
176	176	22
177	177	23
178	178	24
179	179	25
180	180	ninety days before the hearing date.
181	181	C. The state department of justice may offer
182	182	evidence and arguments in opposition to a petition.
183	183	SECTION 4. [NEW MATERIAL] ELIGIBILITY FOR RELIEF--
184	184	STANDARDS OF PROOF.--
185	185	A. Unless one or more of the standards provided in
186	186	Subsection C of this section are met, a petition shall be
187	187	granted if a petitioner establishes each of the following, with
188	188	respect to the released person to whom the petition relates, by
189	189	a preponderance of the evidence that:
190	190	(1) the person was convicted and sentenced
191	191	based on the conviction;
192	192	(2) the person served all or part of the
193	193	sentence;
194	194	(3) the person did not commit the crime that
195	195	resulted in the conviction or the crime that resulted in the
196	196	conviction was not committed; and
197	197	(4) the person was pardoned or the person's
198	198	conviction was overturned, reversed or vacated on direct or
199	199	collateral review, and if the person's conviction was
200	200	overturned, reversed or vacated:
201	201	(a) after the conviction was overturned,
202	202	reversed or vacated, the person was not convicted of any lesser
203	203	included felony that arose from the same facts as the crime
204	204	that resulted in the person's conviction, except for a
205	205	.230742.1
206	206	- 4 - underscored material = new
207	207	[bracketed material] = delete
208	208	1
209	209	2
210	210	3
211	211	4
212	212	5
213	213	6
214	214	7
215	215	8
216	216	9
217	217	10
218	218	11
219	219	12
220	220	13
221	221	14
222	222	15
223	223	16
224	224	17
225	225	18
226	226	19
227	227	20
228	228	21
229	229	22
230	230	23
231	231	24
232	232	25
233	233	conviction of a lesser included felony that resulted from an
234	234	Alford plea or a plea of no contest while maintaining a claim
235	235	of innocence; and
236	236	(b) one of the following: 1) the charge
237	237	at issue in the conviction was dismissed or the person was
238	238	acquitted of the charge upon retrial; or 2) if the person would
239	239	otherwise have been entitled to a new trial, the person entered
240	240	an Alford plea or a plea of no contest while maintaining a
241	241	claim of innocence.
242	242	B. A petitioner may establish the eligibility
243	243	requirements in Paragraphs (3) and (4) of Subsection A of this
244	244	section by establishing by a preponderance of the evidence
245	245	that, prior to the filing of the petition, a court:
246	246	(1) found that the released person did not
247	247	commit the crime that resulted in the conviction or that the
248	248	crime was not committed; or
249	249	(2) granted a habeas corpus petition based on
250	250	a finding that the released person established by clear and
251	251	convincing evidence that, in light of new evidence, no
252	252	reasonable juror would have convicted the released person.
253	253	C. A petition shall be denied if the attorney
254	254	general, in opposition to the petition, establishes by a
255	255	preponderance of the evidence that:
256	256	(1) the released person was an accomplice in
257	257	the commission of the crime for which the person was convicted;
258	258	.230742.1
259	259	- 5 - underscored material = new
260	260	[bracketed material] = delete
261	261	1
262	262	2
263	263	3
264	264	4
265	265	5
266	266	6
267	267	7
268	268	8
269	269	9
270	270	10
271	271	11
272	272	12
273	273	13
274	274	14
275	275	15
276	276	16
277	277	17
278	278	18
279	279	19
280	280	20
281	281	21
282	282	22
283	283	23
284	284	24
285	285	25
286	286	or
287	287	(2) the released person intentionally and
288	288	voluntarily caused the person's own conviction by committing
289	289	perjury or fabricating evidence at trial to prevent the actual
290	290	perpetrator of the crime from being convicted.
291	291	SECTION 5. [NEW MATERIAL] JUDICIAL DISCRETION--
292	292	ADMISSIBILITY.--
293	293	A. In exercising its discretion regarding the
294	294	weight given to and admissibility of evidence presented by a
295	295	petitioner, a district court shall give due consideration to
296	296	difficulties of proof caused by the passage of time, the death
297	297	or unavailability of witnesses, the destruction of evidence and
298	298	other difficulties of proof not caused by the petitioner or the
299	299	state department of justice.
300	300	B. The fact that a petition is granted or denied
301	301	shall not be admissible evidence in any other proceeding.
302	302	SECTION 6. [NEW MATERIAL] RELIEF.--
303	303	A. A petitioner whose petition is granted shall be
304	304	awarded the following relief in connection with the released
305	305	person's conviction:
306	306	(1) noneconomic damages that arise from the
307	307	conviction, according to proof by the petitioner, and including
308	308	damages for loss of liberty and pain and suffering, in an
309	309	amount not less than:
310	310	(a) one hundred thousand dollars
311	311	.230742.1
312	312	- 6 - underscored material = new
313	313	[bracketed material] = delete
314	314	1
315	315	2
316	316	3
317	317	4
318	318	5
319	319	6
320	320	7
321	321	8
322	322	9
323	323	10
324	324	11
325	325	12
326	326	13
327	327	14
328	328	15
329	329	16
330	330	17
331	331	18
332	332	19
333	333	20
334	334	21
335	335	22
336	336	23
337	337	24
338	338	25
339	339	($100,000) for each year of the released person's incarceration
340	340	while awaiting a sentence of death based on the conviction,
341	341	prorated by the day for any partial years;
342	342	(b) seventy-five thousand dollars
343	343	($75,000) for each year of the released person's incarceration,
344	344	other than while awaiting a sentence of death, based on the
345	345	conviction, prorated by the day for any partial years; and
346	346	(c) fifty thousand dollars ($50,000) for
347	347	each year the released person spent on parole or probation or
348	348	subject to a requirement to register on the registry for sex
349	349	offenders based on the conviction, prorated by the day for any
350	350	partial years;
351	351	(2) economic damages that arise from the
352	352	conviction, according to proof by the petitioner;
353	353	(3) compensation to persons entitled to child
354	354	support payments owed by the released person that became due,
355	355	and interest on child support arrearage that accrued, but were
356	356	not paid during the released person's incarceration;
357	357	(4) reasonable attorney fees and costs
358	358	incurred by the petitioner in getting the conviction
359	359	overturned, reversed or vacated or in obtaining a pardon for
360	360	the conviction;
361	361	(5) reasonable attorney fees and costs
362	362	incurred by the petitioner in obtaining relief under the
363	363	Wrongful Conviction Compensation and Services Act; provided,
364	364	.230742.1
365	365	- 7 - underscored material = new
366	366	[bracketed material] = delete
367	367	1
368	368	2
369	369	3
370	370	4
371	371	5
372	372	6
373	373	7
374	374	8
375	375	9
376	376	10
377	377	11
378	378	12
379	379	13
380	380	14
381	381	15
382	382	16
383	383	17
384	384	18
385	385	19
386	386	20
387	387	21
388	388	22
389	389	23
390	390	24
391	391	25
392	392	however, that a petitioner's attorneys shall not collect any
393	393	fees or costs in excess of any amount awarded under this
394	394	paragraph;
395	395	(6) reimbursement for any costs, fines, fees
396	396	or other charges imposed on a released person as a result of
397	397	the conviction that were paid by or on behalf of the released
398	398	person or petitioner and were not already otherwise reimbursed;
399	399	(7) reimbursement for any restitution amounts
400	400	paid by or on behalf of the released person or petitioner as a
401	401	result of the conviction that were not already otherwise
402	402	reimbursed; and
403	403	(8) reimbursement for any reasonable
404	404	reintegration services and mental and physical health care
405	405	costs incurred by the released person for the period between
406	406	the released person's release from incarceration and the date
407	407	of an award of relief pursuant to the Wrongful Conviction
408	408	Compensation and Services Act.
409	409	B. Unless one or more of the standards provided in
410	410	Subsection C of this section are met, a petitioner is not
411	411	entitled to relief provided for in Subparagraph (a) or (b) of
412	412	Paragraph (1) of Subsection A of this section for any period of
413	413	time during which the released person was serving a concurrent
414	414	sentence for a separate crime for which:
415	415	(1) the released person's conviction was not
416	416	overturned, reversed or vacated; or
417	417	.230742.1
418	418	- 8 - underscored material = new
419	419	[bracketed material] = delete
420	420	1
421	421	2
422	422	3
423	423	4
424	424	5
425	425	6
426	426	7
427	427	8
428	428	9
429	429	10
430	430	11
431	431	12
432	432	13
433	433	14
434	434	15
435	435	16
436	436	17
437	437	18
438	438	19
439	439	20
440	440	21
441	441	22
442	442	23
443	443	24
444	444	25
445	445	(2) the released person was not pardoned.
446	446	C. The provisions of Subsection B of this section
447	447	shall not apply to the extent that:
448	448	(1) the term of a concurrent sentence for a
449	449	separate crime not at issue in a petition was longer than it
450	450	would have been absent the conviction at issue in the petition;
451	451	or
452	452	(2) the separate conviction not at issue in a
453	453	petition, for which the released person was serving a
454	454	concurrent sentence, was based on an Alford plea or a plea of
455	455	no contest while maintaining a claim of innocence, which plea
456	456	was entered by the released person to resolve the case in
457	457	connection with the other crime after the crime at issue in the
458	458	petition was overturned, reversed or vacated on direct or
459	459	collateral review; and the released person proves by a
460	460	preponderance of the evidence that:
461	461	(a) the released person did not commit
462	462	the crime that resulted in the Alford plea or no contest plea;
463	463	or
464	464	(b) there was no crime committed.
465	465	D. Upon granting a petition, the monetary amounts
466	466	provided in Subparagraphs (a) through (c) of Paragraph (1) of
467	467	Subsection A of this section shall be adjusted by the
468	468	percentage increase or decrease in the consumer price index for
469	469	all urban consumers, west region, from the effective date of
470	470	.230742.1
471	471	- 9 - underscored material = new
472	472	[bracketed material] = delete
473	473	1
474	474	2
475	475	3
476	476	4
477	477	5
478	478	6
479	479	7
480	480	8
481	481	9
482	482	10
483	483	11
484	484	12
485	485	13
486	486	14
487	487	15
488	488	16
489	489	17
490	490	18
491	491	19
492	492	20
493	493	21
494	494	22
495	495	23
496	496	24
497	497	25
498	498	the Wrongful Conviction Compensation and Services Act to the
499	499	date a petition is granted.
500	500	E. Damages awarded to a petitioner shall be paid in
501	501	a lump sum.
502	502	F. The amount of damages awarded to a petitioner is
503	503	not subject to offset for:
504	504	(1) costs or expenses incurred by the state or
505	505	any subdivision of the state to secure the petitioner's
506	506	incarceration or to feed, clothe or provide medical or any
507	507	other services to the released person during the person's
508	508	incarceration;
509	509	(2) the value of any goods or services
510	510	provided to the released person pursuant to the Wrongful
511	511	Conviction Compensation and Services Act; or
512	512	(3) costs for or associated with provision of
513	513	a defense for an indigent released person pursuant to the
514	514	Indigent Defense Act.
515	515	G. If, prior to an award of relief pursuant to this
516	516	section, a petitioner receives a monetary award or enters into
517	517	a settlement agreement that provides for monetary damages in a
518	518	civil action for wrongful conviction or wrongful incarceration
519	519	in connection with the conviction that is the subject of the
520	520	petitioner's petition, excluding any attorney fees, expenses
521	521	and other costs paid by the petitioner in seeking and obtaining
522	522	the award or settlement in the civil action:
523	523	.230742.1
524	524	- 10 - underscored material = new
525	525	[bracketed material] = delete
526	526	1
527	527	2
528	528	3
529	529	4
530	530	5
531	531	6
532	532	7
533	533	8
534	534	9
535	535	10
536	536	11
537	537	12
538	538	13
539	539	14
540	540	15
541	541	16
542	542	17
543	543	18
544	544	19
545	545	20
546	546	21
547	547	22
548	548	23
549	549	24
550	550	25
551	551	(1) any award of noneconomic relief pursuant
552	552	to this section shall be reduced by an amount equal to any
553	553	noneconomic damages received in the related civil action; and
554	554	(2) any award of economic relief pursuant to
555	555	this section shall be reduced by an amount equal to any
556	556	economic damages received in the related civil action.
557	557	H. If, subsequent to receipt of relief pursuant to
558	558	the Wrongful Conviction Compensation and Services Act, a
559	559	petitioner receives an award of monetary damages or enters into
560	560	a settlement agreement that provides for monetary damages in a
561	561	civil action for wrongful conviction or incarceration that is
562	562	based on the same conviction as the conviction that is the
563	563	subject of the petitioner's petition, the petitioner shall:
564	564	(1) deduct from the amount of damages received
565	565	in the civil action any amounts paid by the petitioner in that
566	566	civil action for attorney fees, expenses and other costs; and
567	567	(2) from the remainder, reimburse the state
568	568	for any noneconomic and economic relief received pursuant to
569	569	the Wrongful Conviction Compensation and Services Act.
570	570	I. When a petition is granted, the district court
571	571	shall:
572	572	(1) enter an order of expungement pursuant to
573	573	Section 29-3A-4 NMSA 1978 or an order sealing records and files
574	574	pursuant to Section 32A-2-26 NMSA 1978, as applicable to the
575	575	petition. The expungement or sealing order shall provide that
576	576	.230742.1
577	577	- 11 - underscored material = new
578	578	[bracketed material] = delete
579	579	1
580	580	2
581	581	3
582	582	4
583	583	5
584	584	6
585	585	7
586	586	8
587	587	9
588	588	10
589	589	11
590	590	12
591	591	13
592	592	14
593	593	15
594	594	16
595	595	17
596	596	18
597	597	19
598	598	20
599	599	21
600	600	22
601	601	23
602	602	24
603	603	25
604	604	the petitioner is entitled, upon request to the department of
605	605	public safety, to copies of the arrest and other criminal
606	606	records related to the conviction at issue in the petition; and
607	607	(2) provide notice of the granted petition to
608	608	the state department of justice and include a description of
609	609	each conviction at issue in the petition, the fact and date of
610	610	the district court's finding of innocence on each conviction
611	611	and the time periods of the released person's incarceration
612	612	with respect to which the petitioner was awarded relief
613	613	pursuant to the Wrongful Conviction Compensation and Services
614	614	Act.
615	615	J. Within sixty days of receipt of the notice
616	616	provided pursuant to Subsection I of this section, the state
617	617	department of justice shall provide to the petitioner a letter
618	618	no longer than one page in length, on state department of
619	619	justice letterhead and signed by or on behalf of the attorney
620	620	general that:
621	621	(1) states that the released person was found
622	622	to be innocent of the crimes at issue in the petition; and
623	623	(2) lists, as applicable, the time periods
624	624	during which the released person was wrongfully incarcerated,
625	625	wrongfully on parole or probation or wrongfully required to
626	626	register on the registry for sex offenders.
627	627	K. A petitioner's acceptance of relief pursuant to
628	628	the Wrongful Conviction Compensation and Services Act does not
629	629	.230742.1
630	630	- 12 - underscored material = new
631	631	[bracketed material] = delete
632	632	1
633	633	2
634	634	3
635	635	4
636	636	5
637	637	6
638	638	7
639	639	8
640	640	9
641	641	10
642	642	11
643	643	12
644	644	13
645	645	14
646	646	15
647	647	16
648	648	17
649	649	18
650	650	19
651	651	20
652	652	21
653	653	22
654	654	23
655	655	24
656	656	25
657	657	preclude the petitioner from seeking or obtaining other damages
658	658	or relief available under the law.
659	659	SECTION 7. [NEW MATERIAL] ELIGIBILITY FOR SERVICES.--
660	660	A. A released person released from incarceration
661	661	after the person's conviction is reversed, overturned or
662	662	vacated, or the person is pardoned, shall be eligible for and
663	663	the state shall provide:
664	664	(1) a stipend of two thousand dollars ($2,000)
665	665	to assist with the person's transition from incarceration, to
666	666	be provided upon release or as soon thereafter as possible; and
667	667	(2) for a period of two years from the date
668	668	the person is released, at no cost to the person:
669	669	(a) services, programs and housing in
670	670	community corrections outpatient programs and community
671	671	corrections residential programs;
672	672	(b) public assistance grants pursuant to
673	673	the Public Assistance Act; provided, however, that the person
674	674	shall not be required to meet the applicable standard of need
675	675	pursuant to Section 27-2-3 NMSA 1978 or the maximum permissible
676	676	resources established by the health care authority;
677	677	(c) health, vision and dental insurance
678	678	coverage at no cost to the person, whether provided through
679	679	medicaid pursuant to the Public Assistance Act, the New Mexico
680	680	health insurance exchange under 42 U.S.C. Section 18001 et seq.
681	681	or another comparable health insurance program;
682	682	.230742.1
683	683	- 13 - underscored material = new
684	684	[bracketed material] = delete
685	685	1
686	686	2
687	687	3
688	688	4
689	689	5
690	690	6
691	691	7
692	692	8
693	693	9
694	694	10
695	695	11
696	696	12
697	697	13
698	698	14
699	699	15
700	700	16
701	701	17
702	702	18
703	703	19
704	704	20
705	705	21
706	706	22
707	707	23
708	708	24
709	709	25
710	710	(d) food benefits in the maximum benefit
711	711	amount for the supplemental nutrition assistance program for a
712	712	household size of one; provided, however, that the person shall
713	713	not be required to meet the applicable eligibility requirements
714	714	set forth in Title 8, Chapter 139 of the New Mexico
715	715	Administrative Code;
716	716	(e) a medicaid personal spending
717	717	allowance pursuant to Section 27-2-12.9 NMSA 1978; provided,
718	718	however, that the person shall not be required to meet the
719	719	applicable eligibility requirements set forth in that section;
720	720	and
721	721	(f) utility assistance pursuant to the
722	722	Low Income Utility Assistance Act; provided, however, that the
723	723	person shall not be required to meet the applicable eligibility
724	724	requirements set forth in that act.
725	725	B. Within one hundred twenty days of the effective
726	726	date of the Wrongful Conviction Compensation and Services Act,
727	727	the health care authority shall:
728	728	(1) promulgate rules to implement the
729	729	provisions of this section;
730	730	(2) create an application form for use in
731	731	applying for the benefits described in this section;
732	732	(3) designate the person or division within
733	733	the health care authority to process applications;
734	734	(4) document and implement procedures to
735	735	.230742.1
736	736	- 14 - underscored material = new
737	737	[bracketed material] = delete
738	738	1
739	739	2
740	740	3
741	741	4
742	742	5
743	743	6
744	744	7
745	745	8
746	746	9
747	747	10
748	748	11
749	749	12
750	750	13
751	751	14
752	752	15
753	753	16
754	754	17
755	755	18
756	756	19
757	757	20
758	758	21
759	759	22
760	760	23
761	761	24
762	762	25
763	763	ensure a determination on each application is made and
764	764	communicated to the applicant within fourteen days of
765	765	submission of the application; and
766	766	(5) commence provision of benefits provided
767	767	for in this section within seven days of approval of an
768	768	application.
769	769	C. Identifying information for each released person
770	770	released from incarceration because the person's conviction is
771	771	overturned, vacated or reversed, or because the person was
772	772	pardoned, shall be provided to the health care authority on or
773	773	before the date of the person's release by the corrections
774	774	department, the children, youth and families department or the
775	775	other state or local government agency responsible for the
776	776	correctional facility or program from which the person was
777	777	released. Within one hundred twenty days of the effective date
778	778	of the Wrongful Conviction Compensation and Services Act, the
779	779	corrections department, the children, youth and families
780	780	department and all other state and local government departments
781	781	and agencies responsible for a correctional facility or program
782	782	in which persons are incarcerated shall promulgate rules to
783	783	ensure that upon a person's release as provided in this
784	784	subsection, the person is provided:
785	785	(1) an application form for benefits provided
786	786	for in this section; and
787	787	(2) the transition assistance stipend provided
788	788	.230742.1
789	789	- 15 - underscored material = new
790	790	[bracketed material] = delete
791	791	1
792	792	2
793	793	3
794	794	4
795	795	5
796	796	6
797	797	7
798	798	8
799	799	9
800	800	10
801	801	11
802	802	12
803	803	13
804	804	14
805	805	15
806	806	16
807	807	17
808	808	18
809	809	19
810	810	20
811	811	21
812	812	22
813	813	23
814	814	24
815	815	25
816	816	for in this section.
817	817	SECTION 8. [NEW MATERIAL] NOTICE OF RIGHT TO FILE A
818	818	PETITION.--
819	819	A. If a released person's conviction is overturned,
820	820	vacated or reversed, upon entry of a dismissal, judgment of
821	821	acquittal or judgment on an Alford plea or a plea of no contest
822	822	while maintaining innocence, the court shall:
823	823	(1) provide the person with a copy of the
824	824	Wrongful Conviction Compensation and Services Act;
825	825	(2) on a form approved by the New Mexico
826	826	supreme court, obtain the person's written acknowledgment of
827	827	receipt of the copy; and
828	828	(3) enter the person's written acknowledgment
829	829	on the case docket.
830	830	B. Upon the issuance of a pardon to a released
831	831	person, the office of the governor shall:
832	832	(1) provide the pardoned person with a copy of
833	833	the Wrongful Conviction Compensation and Services Act;
834	834	(2) obtain the pardoned person's written
835	835	acknowledgment of receipt of the copy on a form provided by the
836	836	office of the governor; and
837	837	(3) retain a copy of the acknowledgment in the
838	838	office's official records.
839	839	C. The written acknowledgments provided for in
840	840	Subsections A and B of this section shall be admissible in any
841	841	.230742.1
842	842	- 16 - underscored material = new
843	843	[bracketed material] = delete
844	844	1
845	845	2
846	846	3
847	847	4
848	848	5
849	849	6
850	850	7
851	851	8
852	852	9
853	853	10
854	854	11
855	855	12
856	856	13
857	857	14
858	858	15
859	859	16
860	860	17
861	861	18
862	862	19
863	863	20
864	864	21
865	865	22
866	866	23
867	867	24
868	868	25
869	869	proceeding subsequently filed by the person under the Wrongful
870	870	Conviction Compensation and Services Act.
871	871	SECTION 9. [NEW MATERIAL] TIME TO FILE PETITION.--
872	872	A. A person who receives notice of the right to
873	873	file a petition pursuant to Section 8 of the Wrongful
874	874	Conviction Compensation and Services Act shall file a petition
875	875	within six years of the date on which notice was provided.
876	876	B. A person who was sentenced to a period of
877	877	incarceration, probation, parole or required registration on
878	878	the registry for sex offenders based on a conviction prior to
879	879	the effective date of the Wrongful Conviction Compensation and
880	880	Services Act shall file a petition under that act within six
881	881	years of the effective date of that act.
882	882	C. If, on or after a date two years before the date
883	883	on which the right to file a petition will end, a released
884	884	person obtains new evidence of the person's innocence that the
885	885	person could not previously have obtained with reasonable
886	886	diligence, the released person may file a petition under the
887	887	Wrongful Conviction Compensation and Services Act within four
888	888	years of the date on which the petitioner obtains the new
889	889	evidence.
890	890	SECTION 10. [NEW MATERIAL] NO SOVEREIGN IMMUNITY
891	891	DEFENSE.--The state shall not assert sovereign immunity or
892	892	immunity pursuant to the Tort Claims Act as a defense or bar to
893	893	a petition filed in accordance with the Wrongful Conviction
894	894	.230742.1
895	895	- 17 - underscored material = new
896	896	[bracketed material] = delete
897	897	1
898	898	2
899	899	3
900	900	4
901	901	5
902	902	6
903	903	7
904	904	8
905	905	9
906	906	10
907	907	11
908	908	12
909	909	13
910	910	14
911	911	15
912	912	16
913	913	17
914	914	18
915	915	19
916	916	20
917	917	21
918	918	22
919	919	23
920	920	24
921	921	25
922	922	Compensation and Services Act.
923	923	SECTION 11. [NEW MATERIAL] WRONGFUL CONVICTION
924	924	COMPENSATION FUND.--The "wrongful conviction compensation fund"
925	925	is created in the state treasury and shall be administered by
926	926	the state department of justice. The fund consists of
927	927	appropriations, gifts, grants, donations and bequests made to
928	928	the fund. Income from the fund shall be credited to the fund,
929	929	and money in the fund shall not revert or be transferred to any
930	930	other fund at the end of a fiscal year. Money in the fund is
931	931	appropriated for the purposes of paying petitioners awarded
932	932	relief under the Wrongful Conviction Compensation and Services
933	933	Act. Disbursements from the fund shall be made by warrant of
934	934	the secretary of finance and administration pursuant to
935	935	vouchers signed by the attorney general or the attorney
936	936	general's authorized representative.
937	937	SECTION 12. [NEW MATERIAL] LIBERAL CONSTRUCTION.--The
938	938	Wrongful Conviction Compensation and Services Act shall be
939	939	liberally construed to carry out its purposes.
940	940	SECTION 13. APPROPRIATION.--Nine million dollars
941	941	($9,000,000) is appropriated from the general fund to the
942	942	wrongful conviction compensation fund for expenditure in fiscal
943	943	year 2026 and subsequent fiscal years to carry out the purposes
944	944	of the Wrongful Conviction Compensation and Services Act. Any
945	945	unexpended or unencumbered balance remaining at the end of a
946	946	fiscal year shall not revert to the general fund.
947	947	.230742.1
948	948	- 18 - underscored material = new
949	949	[bracketed material] = delete
950	950	1
951	951	2
952	952	3
953	953	4
954	954	5
955	955	6
956	956	7
957	957	8
958	958	9
959	959	10
960	960	11
961	961	12
962	962	13
963	963	14
964	964	15
965	965	16
966	966	17
967	967	18
968	968	19
969	969	20
970	970	21
971	971	22
972	972	23
973	973	24
974	974	25
975	975	SECTION 14. EFFECTIVE DATE.--The effective date of the
976	976	provisions of this act is July 1, 2025.
977	977	- 19 -
978	978	.230742.1