A. Except as provided in Subsection C of this section, counsel representing an individual charged with an offense shall cause written notice substantially similar to the following to be communicated to the individual:
"NOTICE OF ADDITIONAL LEGAL CONSEQUENCES
If you plead guilty or no contest to an offense, or are convicted of an offense, you may suffer additional legal consequences beyond jail or prison, probation, periods of parole and fines. These consequences may include:
1. being unable to get or keep some licenses, permits or jobs;
2. being unable to get or keep benefits such as public housing or education;
3. receiving a harsher sentence if you are convicted of another offense in the future;
4. having the government take your property; and
5. being unable to vote or possess a firearm.
If you are not a United States citizen, a guilty plea or no contest plea or conviction may also result in your deportation, removal or exclusion from admission to the United States or denial of citizenship.
The law may provide ways to obtain some relief from these consequences.
Further information about the consequences of conviction is available on the internet at [insert internet address of the collection of laws published pursuant to Subsections C and D of Section 4 [31-29-4 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act].".
B. Before a court accepts a plea of guilty or no contest from an individual, the court shall confirm that the individual received and understands the notice required by Subsection A of this section and has had an opportunity to discuss the notice with counsel.
C. The notice required pursuant to Subsection A of this section need not be given until six months have elapsed after the collection of laws required pursuant to Section 4 of the Uniform Collateral Consequences of Conviction Act is first available on the internet pursuant to Subsections C and D of Section 4 of that act.
D. This section does not limit the duty that an individual's counsel otherwise owes to the individual.
History: Laws 2021, ch. 58, § 5.
Effective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 5 effective January 1, 2022.
Structure 2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 29 - Uniform Collateral Consequences of Conviction
Section 31-29-1 - Short title. (Effective January 1, 2022.)
Section 31-29-2 - Definitions. (Effective January 1, 2022.)
Section 31-29-3 - Limitation on scope. (Effective January 1, 2022.)
Section 31-29-7 - Authorization required for sanction; ambiguity. (Effective January 1, 2022.)
Section 31-29-8 - Decision to disqualify. (Effective January 1, 2022.)
Section 31-29-10 - Order of limited relief. (Effective January 1, 2022.)
Section 31-29-12 - Issuance of order of limited relief. (Effective January 1, 2022.)
Section 31-29-13 - Reliance on order as evidence of due care. (Effective January 1, 2022.)
Section 31-29-14 - Victim's rights. (Effective January 1, 2022.)
Section 31-29-15 - Uniformity of application and construction. (Effective January 1, 2022.)
Section 31-29-16 - Saving and transitional provisions. (Effective January 1, 2022.)