New Mexico Statutes 31-29-2. Definitions
As used in the Uniform Collateral Consequences of Conviction Act:
Terms Used In New Mexico Statutes 31-29-2
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
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.