New Mexico Statutes
Article 29 - Uniform Collateral Consequences of Conviction
Section 31-29-2 - Definitions. (Effective January 1, 2022.)

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.
History: Laws 2021, ch. 58, § 2.
Effective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 2 effective January 1, 2022.

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