N.m. R. Crim. P. Dist. Ct. 5-403.1

As amended through August 23, 2024

Rule 5-403.1 - Enumerated misdemeanor, non-technical violation defined.

For purposes of Rules 5-403, 6-403, and 7-403 NMRA:

A. An "enumerated misdemeanor" means:

1. battery, contrary to Section 30-3-4 NMSA 1978;

2. aggravated battery, contrary to Section 30-3-5(B) NMSA 1978;

3. negligent use of a deadly weapon, contrary to Section 30-7-4 NMSA 1978;

4. battery against a household member, contrary to Section 30-3-15 NMSA 1978;

5. aggravated battery against a household member, contrary to Section 30-316 NMSA 1978;

6. stalking, contrary to Section 30-3A-3 NMSA 1978;

7. violation of an order of protection, contrary to Section 40-13-6 NMSA 1978;

8. criminal sexual contact, contrary to Section 30-9-12 NMSA 1978;

9. harassment, contrary to Section 30-3A-2 NMSA 1978;

10. driving under the influence of intoxicating liquor or drugs, contrary to Section 66-8-102 NMSA 1978; or

11. operating a motorboat while under the influence of intoxicating liquor or drugs, contrary to Section 66-13-3 NMSA 1978.

B. A "non-technical violation" of a condition of release shall be defined by the Administrative Office of the Courts' pretrial services policies and procedures.

N.m. R. Crim. P. Dist. Ct. 5-403.1

Adopted by Supreme Court Order No. S-1-RCR-2024-00068, effective for all cases pending or filed on or after 5/8/2024.

Committee commentary. - The Administrative Office of the Courts' pretrial services policies and procedures may be located at the Administrative Office of the Courts' website at https://pretrial.nmcourts.gov/.

[Adopted by Supreme Court Order No. S-1-RCR-2024-00068, effective for all cases pending or filed on or after May 8, 2024.]