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Current as of January 01, 2024 | Updated by Findlaw Staff
As used in the Uniform Collateral Consequences of Conviction Act:
A. “collateral consequence” means a collateral sanction or a disqualification;
B. “collateral sanction” means a penalty, disability or disadvantage, however denominated, imposed on an individual as a result of the individual's conviction of an offense that applies by operation of law, whether or not the penalty, disability or disadvantage is included in the judgment or sentence. “Collateral sanction” does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment or costs of prosecution;
C. “convicted” and “conviction” include an adjudication as a youthful offender or serious youthful offender that results in an adult sentence;
D. “decision-maker” means the state acting through the following entities or their employees:
(1) a department;
(2) an agency;
(3) an officer; or
(4) an instrumentality, including a political subdivision, an educational institution, a board or a commission or a government contractor, including a subcontractor, made subject to the Uniform Collateral Consequences of Conviction Act by contract, by law other than the Uniform Collateral Consequences of Conviction Act or by ordinance;
E. “disqualification” means a penalty, disability or disadvantage, however denominated, that an administrative agency, governmental official or court in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individual's conviction of an offense;
F. “identification agency” means the New Mexico sentencing commission, acting in conjunction with the district attorneys of New Mexico and the attorney general;
G. “offense” means a felony pursuant to the law of New Mexico, another state or the United States;
H. “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity; and
I. “state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 31. Criminal Procedure § 31-29-2. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-31-criminal-procedure/nm-st-sect-31-29-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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