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SENATE BILL 407
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Linda M. López and Antoinette Sedillo Lopez
AN ACT
RELATING TO CIVIL ACTIONS; ENACTING THE WRONGFUL CONVICTION
COMPENSATION AND SERVICES ACT; PROVIDING FOR DAMAGES AND OTHER
RELIEF FOR A WRONGFULLY CONVICTED PERSON; REQUIRING NOTICE OF
THE RIGHT TO FILE A PETITION FOR RELIEF; REQUIRING RULEMAKING;
CREATING THE WRONGFUL CONVICTION COMPENSATION FUND; MAKING AN
APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Wrongful Conviction Compensation and Services
Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Wrongful Conviction Compensation and Services Act:
A. "conviction" means, under the laws of New
Mexico, conviction of a crime or adjudication of delinquency
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for a crime by a children's court;
B. "correctional facility" means a:
(1) state correctional facility;
(2) privately operated correctional facility;
(3) county jail;
(4) privately operated jail;
(5) detention facility operated under the
authority of the children, youth and families department that
holds a person pending a court hearing; or
(6) facility operated under the authority of
the children, youth and families department that provides for
the care and rehabilitation of a person who is younger than
eighteen years of age and who has committed an act that would
be designated a crime under the law if committed by a person
who is eighteen years of age or older;
C. "incarceration" means a released person's:
(1) confinement in a correctional facility; or
(2) involuntary confinement in the New Mexico
behavioral health institute at Las Vegas or another behavioral
health facility;
D. "petition" means a petition for relief filed
pursuant to the Wrongful Conviction Compensation and Services
Act;
E. "petitioner" means:
(1) a released person who files a petition; or
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(2) if a released person is deceased, the
executor or administrator of the person's estate or the
person's personal representative who files a petition;
F. "released person" means a person who:
(1) under the laws of New Mexico, was
convicted of and sentenced for a crime or adjudicated as a
delinquent child for a crime by a children's court; and
(2) is the subject of a petition; and
G. "sentenced" means, in connection with a
conviction, a released person was sentenced to a period of
incarceration, parole, probation or registration on the
registry for sex offenders.
SECTION 3. [NEW MATERIAL] PETITION--REQUIREMENTS--
PARTIES.--
A. A petitioner shall file a petition in district
court within the time limitations provided in Section 9 of the
Wrongful Conviction Compensation and Services Act.
B. A district court in which a petition is filed
shall:
(1) set a hearing on the petition no more than
one hundred eighty days from the date the petition is filed,
unless good cause exists to set the hearing at a later date;
and
(2) provide notice of the hearing to the
petitioner and to the state department of justice no fewer than
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ninety days before the hearing date.
C. The state department of justice may offer
evidence and arguments in opposition to a petition.
SECTION 4. [NEW MATERIAL] ELIGIBILITY FOR RELIEF--
STANDARDS OF PROOF.--
A. Unless one or more of the standards provided in
Subsection C of this section are met, a petition shall be
granted if a petitioner establishes each of the following, with
respect to the released person to whom the petition relates, by
a preponderance of the evidence that:
(1) the person was convicted and sentenced
based on the conviction;
(2) the person served all or part of the
sentence;
(3) the person did not commit the crime that
resulted in the conviction or the crime that resulted in the
conviction was not committed; and
(4) the person was pardoned or the person's
conviction was overturned, reversed or vacated on direct or
collateral review, and if the person's conviction was
overturned, reversed or vacated:
(a) after the conviction was overturned,
reversed or vacated, the person was not convicted of any lesser
included felony that arose from the same facts as the crime
that resulted in the person's conviction, except for a
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conviction of a lesser included felony that resulted from an
Alford plea or a plea of no contest while maintaining a claim
of innocence; and
(b) one of the following: 1) the charge
at issue in the conviction was dismissed or the person was
acquitted of the charge upon retrial; or 2) if the person would
otherwise have been entitled to a new trial, the person entered
an Alford plea or a plea of no contest while maintaining a
claim of innocence.
B. A petitioner may establish the eligibility
requirements in Paragraphs (3) and (4) of Subsection A of this
section by establishing by a preponderance of the evidence
that, prior to the filing of the petition, a court:
(1) found that the released person did not
commit the crime that resulted in the conviction or that the
crime was not committed; or
(2) granted a habeas corpus petition based on
a finding that the released person established by clear and
convincing evidence that, in light of new evidence, no
reasonable juror would have convicted the released person.
C. A petition shall be denied if the attorney
general, in opposition to the petition, establishes by a
preponderance of the evidence that:
(1) the released person was an accomplice in
the commission of the crime for which the person was convicted;
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or
(2) the released person intentionally and
voluntarily caused the person's own conviction by committing
perjury or fabricating evidence at trial to prevent the actual
perpetrator of the crime from being convicted.
SECTION 5. [NEW MATERIAL] JUDICIAL DISCRETION--
ADMISSIBILITY.--
A. In exercising its discretion regarding the
weight given to and admissibility of evidence presented by a
petitioner, a district court shall give due consideration to
difficulties of proof caused by the passage of time, the death
or unavailability of witnesses, the destruction of evidence and
other difficulties of proof not caused by the petitioner or the
state department of justice.
B. The fact that a petition is granted or denied
shall not be admissible evidence in any other proceeding.
SECTION 6. [NEW MATERIAL] RELIEF.--
A. A petitioner whose petition is granted shall be
awarded the following relief in connection with the released
person's conviction:
(1) noneconomic damages that arise from the
conviction, according to proof by the petitioner, and including
damages for loss of liberty and pain and suffering, in an
amount not less than:
(a) one hundred thousand dollars
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($100,000) for each year of the released person's incarceration
while awaiting a sentence of death based on the conviction,
prorated by the day for any partial years;
(b) seventy-five thousand dollars
($75,000) for each year of the released person's incarceration,
other than while awaiting a sentence of death, based on the
conviction, prorated by the day for any partial years; and
(c) fifty thousand dollars ($50,000) for
each year the released person spent on parole or probation or
subject to a requirement to register on the registry for sex
offenders based on the conviction, prorated by the day for any
partial years;
(2) economic damages that arise from the
conviction, according to proof by the petitioner;
(3) compensation to persons entitled to child
support payments owed by the released person that became due,
and interest on child support arrearage that accrued, but were
not paid during the released person's incarceration;
(4) reasonable attorney fees and costs
incurred by the petitioner in getting the conviction
overturned, reversed or vacated or in obtaining a pardon for
the conviction;
(5) reasonable attorney fees and costs
incurred by the petitioner in obtaining relief under the
Wrongful Conviction Compensation and Services Act; provided,
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however, that a petitioner's attorneys shall not collect any
fees or costs in excess of any amount awarded under this
paragraph;
(6) reimbursement for any costs, fines, fees
or other charges imposed on a released person as a result of
the conviction that were paid by or on behalf of the released
person or petitioner and were not already otherwise reimbursed;
(7) reimbursement for any restitution amounts
paid by or on behalf of the released person or petitioner as a
result of the conviction that were not already otherwise
reimbursed; and
(8) reimbursement for any reasonable
reintegration services and mental and physical health care
costs incurred by the released person for the period between
the released person's release from incarceration and the date
of an award of relief pursuant to the Wrongful Conviction
Compensation and Services Act.
B. Unless one or more of the standards provided in
Subsection C of this section are met, a petitioner is not
entitled to relief provided for in Subparagraph (a) or (b) of
Paragraph (1) of Subsection A of this section for any period of
time during which the released person was serving a concurrent
sentence for a separate crime for which:
(1) the released person's conviction was not
overturned, reversed or vacated; or
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(2) the released person was not pardoned.
C. The provisions of Subsection B of this section
shall not apply to the extent that:
(1) the term of a concurrent sentence for a
separate crime not at issue in a petition was longer than it
would have been absent the conviction at issue in the petition;
or
(2) the separate conviction not at issue in a
petition, for which the released person was serving a
concurrent sentence, was based on an Alford plea or a plea of
no contest while maintaining a claim of innocence, which plea
was entered by the released person to resolve the case in
connection with the other crime after the crime at issue in the
petition was overturned, reversed or vacated on direct or
collateral review; and the released person proves by a
preponderance of the evidence that:
(a) the released person did not commit
the crime that resulted in the Alford plea or no contest plea;
or
(b) there was no crime committed.
D. Upon granting a petition, the monetary amounts
provided in Subparagraphs (a) through (c) of Paragraph (1) of
Subsection A of this section shall be adjusted by the
percentage increase or decrease in the consumer price index for
all urban consumers, west region, from the effective date of
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the Wrongful Conviction Compensation and Services Act to the
date a petition is granted.
E. Damages awarded to a petitioner shall be paid in
a lump sum.
F. The amount of damages awarded to a petitioner is
not subject to offset for:
(1) costs or expenses incurred by the state or
any subdivision of the state to secure the petitioner's
incarceration or to feed, clothe or provide medical or any
other services to the released person during the person's
incarceration;
(2) the value of any goods or services
provided to the released person pursuant to the Wrongful
Conviction Compensation and Services Act; or
(3) costs for or associated with provision of
a defense for an indigent released person pursuant to the
Indigent Defense Act.
G. If, prior to an award of relief pursuant to this
section, a petitioner receives a monetary award or enters into
a settlement agreement that provides for monetary damages in a
civil action for wrongful conviction or wrongful incarceration
in connection with the conviction that is the subject of the
petitioner's petition, excluding any attorney fees, expenses
and other costs paid by the petitioner in seeking and obtaining
the award or settlement in the civil action:
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(1) any award of noneconomic relief pursuant
to this section shall be reduced by an amount equal to any
noneconomic damages received in the related civil action; and
(2) any award of economic relief pursuant to
this section shall be reduced by an amount equal to any
economic damages received in the related civil action.
H. If, subsequent to receipt of relief pursuant to
the Wrongful Conviction Compensation and Services Act, a
petitioner receives an award of monetary damages or enters into
a settlement agreement that provides for monetary damages in a
civil action for wrongful conviction or incarceration that is
based on the same conviction as the conviction that is the
subject of the petitioner's petition, the petitioner shall:
(1) deduct from the amount of damages received
in the civil action any amounts paid by the petitioner in that
civil action for attorney fees, expenses and other costs; and
(2) from the remainder, reimburse the state
for any noneconomic and economic relief received pursuant to
the Wrongful Conviction Compensation and Services Act.
I. When a petition is granted, the district court
shall:
(1) enter an order of expungement pursuant to
Section 29-3A-4 NMSA 1978 or an order sealing records and files
pursuant to Section 32A-2-26 NMSA 1978, as applicable to the
petition. The expungement or sealing order shall provide that
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the petitioner is entitled, upon request to the department of
public safety, to copies of the arrest and other criminal
records related to the conviction at issue in the petition; and
(2) provide notice of the granted petition to
the state department of justice and include a description of
each conviction at issue in the petition, the fact and date of
the district court's finding of innocence on each conviction
and the time periods of the released person's incarceration
with respect to which the petitioner was awarded relief
pursuant to the Wrongful Conviction Compensation and Services
Act.
J. Within sixty days of receipt of the notice
provided pursuant to Subsection I of this section, the state
department of justice shall provide to the petitioner a letter
no longer than one page in length, on state department of
justice letterhead and signed by or on behalf of the attorney
general that:
(1) states that the released person was found
to be innocent of the crimes at issue in the petition; and
(2) lists, as applicable, the time periods
during which the released person was wrongfully incarcerated,
wrongfully on parole or probation or wrongfully required to
register on the registry for sex offenders.
K. A petitioner's acceptance of relief pursuant to
the Wrongful Conviction Compensation and Services Act does not
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preclude the petitioner from seeking or obtaining other damages
or relief available under the law.
SECTION 7. [NEW MATERIAL] ELIGIBILITY FOR SERVICES.--
A. A released person released from incarceration
after the person's conviction is reversed, overturned or
vacated, or the person is pardoned, shall be eligible for and
the state shall provide:
(1) a stipend of two thousand dollars ($2,000)
to assist with the person's transition from incarceration, to
be provided upon release or as soon thereafter as possible; and
(2) for a period of two years from the date
the person is released, at no cost to the person:
(a) services, programs and housing in
community corrections outpatient programs and community
corrections residential programs;
(b) public assistance grants pursuant to
the Public Assistance Act; provided, however, that the person
shall not be required to meet the applicable standard of need
pursuant to Section 27-2-3 NMSA 1978 or the maximum permissible
resources established by the health care authority;
(c) health, vision and dental insurance
coverage at no cost to the person, whether provided through
medicaid pursuant to the Public Assistance Act, the New Mexico
health insurance exchange under 42 U.S.C. Section 18001 et seq.
or another comparable health insurance program;
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(d) food benefits in the maximum benefit
amount for the supplemental nutrition assistance program for a
household size of one; provided, however, that the person shall
not be required to meet the applicable eligibility requirements
set forth in Title 8, Chapter 139 of the New Mexico
Administrative Code;
(e) a medicaid personal spending
allowance pursuant to Section 27-2-12.9 NMSA 1978; provided,
however, that the person shall not be required to meet the
applicable eligibility requirements set forth in that section;
and
(f) utility assistance pursuant to the
Low Income Utility Assistance Act; provided, however, that the
person shall not be required to meet the applicable eligibility
requirements set forth in that act.
B. Within one hundred twenty days of the effective
date of the Wrongful Conviction Compensation and Services Act,
the health care authority shall:
(1) promulgate rules to implement the
provisions of this section;
(2) create an application form for use in
applying for the benefits described in this section;
(3) designate the person or division within
the health care authority to process applications;
(4) document and implement procedures to
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ensure a determination on each application is made and
communicated to the applicant within fourteen days of
submission of the application; and
(5) commence provision of benefits provided
for in this section within seven days of approval of an
application.
C. Identifying information for each released person
released from incarceration because the person's conviction is
overturned, vacated or reversed, or because the person was
pardoned, shall be provided to the health care authority on or
before the date of the person's release by the corrections
department, the children, youth and families department or the
other state or local government agency responsible for the
correctional facility or program from which the person was
released. Within one hundred twenty days of the effective date
of the Wrongful Conviction Compensation and Services Act, the
corrections department, the children, youth and families
department and all other state and local government departments
and agencies responsible for a correctional facility or program
in which persons are incarcerated shall promulgate rules to
ensure that upon a person's release as provided in this
subsection, the person is provided:
(1) an application form for benefits provided
for in this section; and
(2) the transition assistance stipend provided
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for in this section.
SECTION 8. [NEW MATERIAL] NOTICE OF RIGHT TO FILE A
PETITION.--
A. If a released person's conviction is overturned,
vacated or reversed, upon entry of a dismissal, judgment of
acquittal or judgment on an Alford plea or a plea of no contest
while maintaining innocence, the court shall:
(1) provide the person with a copy of the
Wrongful Conviction Compensation and Services Act;
(2) on a form approved by the New Mexico
supreme court, obtain the person's written acknowledgment of
receipt of the copy; and
(3) enter the person's written acknowledgment
on the case docket.
B. Upon the issuance of a pardon to a released
person, the office of the governor shall:
(1) provide the pardoned person with a copy of
the Wrongful Conviction Compensation and Services Act;
(2) obtain the pardoned person's written
acknowledgment of receipt of the copy on a form provided by the
office of the governor; and
(3) retain a copy of the acknowledgment in the
office's official records.
C. The written acknowledgments provided for in
Subsections A and B of this section shall be admissible in any
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proceeding subsequently filed by the person under the Wrongful
Conviction Compensation and Services Act.
SECTION 9. [NEW MATERIAL] TIME TO FILE PETITION.--
A. A person who receives notice of the right to
file a petition pursuant to Section 8 of the Wrongful
Conviction Compensation and Services Act shall file a petition
within six years of the date on which notice was provided.
B. A person who was sentenced to a period of
incarceration, probation, parole or required registration on
the registry for sex offenders based on a conviction prior to
the effective date of the Wrongful Conviction Compensation and
Services Act shall file a petition under that act within six
years of the effective date of that act.
C. If, on or after a date two years before the date
on which the right to file a petition will end, a released
person obtains new evidence of the person's innocence that the
person could not previously have obtained with reasonable
diligence, the released person may file a petition under the
Wrongful Conviction Compensation and Services Act within four
years of the date on which the petitioner obtains the new
evidence.
SECTION 10. [NEW MATERIAL] NO SOVEREIGN IMMUNITY
DEFENSE.--The state shall not assert sovereign immunity or
immunity pursuant to the Tort Claims Act as a defense or bar to
a petition filed in accordance with the Wrongful Conviction
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Compensation and Services Act.
SECTION 11. [NEW MATERIAL] WRONGFUL CONVICTION
COMPENSATION FUND.--The "wrongful conviction compensation fund"
is created in the state treasury and shall be administered by
the state department of justice. The fund consists of
appropriations, gifts, grants, donations and bequests made to
the fund. Income from the fund shall be credited to the fund,
and money in the fund shall not revert or be transferred to any
other fund at the end of a fiscal year. Money in the fund is
appropriated for the purposes of paying petitioners awarded
relief under the Wrongful Conviction Compensation and Services
Act. Disbursements from the fund shall be made by warrant of
the secretary of finance and administration pursuant to
vouchers signed by the attorney general or the attorney
general's authorized representative.
SECTION 12. [NEW MATERIAL] LIBERAL CONSTRUCTION.--The
Wrongful Conviction Compensation and Services Act shall be
liberally construed to carry out its purposes.
SECTION 13. APPROPRIATION.--Nine million dollars
($9,000,000) is appropriated from the general fund to the
wrongful conviction compensation fund for expenditure in fiscal
year 2026 and subsequent fiscal years to carry out the purposes
of the Wrongful Conviction Compensation and Services Act. Any
unexpended or unencumbered balance remaining at the end of a
fiscal year shall not revert to the general fund.
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SECTION 14. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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