Bill

Bill > HB226


NM HB226

NM HB226
Grand Jury Targets, Dates & Evidence


summary

Introduced
02/02/2021
In Committee
03/11/2021
Crossed Over
Passed
Dead
03/20/2021

Introduced Session

2021 Regular Session

Bill Summary

AN ACT RELATING TO GRAND JURIES; PROVIDING THAT LAWFUL, COMPETENT AND RELEVANT EVIDENCE IS EVIDENCE ADMISSIBLE AT TRIAL; PERMITTING THE TARGET OF A GRAND JURY INVESTIGATION TO OBTAIN NOTICE OF ESSENTIAL FACTS OF AN ACCUSATION AND OF THE TARGET'S RIGHT TO ALERT THE GRAND JURY OF CERTAIN EVIDENCE; CHANGING THE EARLIEST DATES AFTER WHICH A TARGET MAY TESTIFY; ALLOWING THE DISTRICT COURT TO DETERMINE COMPLIANCE WITH SECTION 31-6-11 NMSA 1978 (BEING LAWS 1969, CHAPTER 276, SECTION 11, AS AMENDED) AND TO DISMISS AN INDICTMENT WITHOUT PREJUDICE FOR A VIOLATION OF THAT SECTION.

AI Summary

This bill amends the existing law to provide that only lawful, competent, and relevant evidence shall be presented to the grand jury. It allows the target of a grand jury investigation to notify the prosecutor about evidence that could disprove or reduce the charge or make an indictment unjustified. The bill also requires the district attorney to notify the target in writing about the investigation, the nature of the alleged crime, the target's rights to testify and remain silent, and the right to alert the grand jury to exculpatory evidence. Additionally, the bill gives the district court the authority to review the grand jury proceeding and the evidence presented, and to dismiss an indictment without prejudice if it finds a violation of the law.

Committee Categories

Business and Industry, Justice

Sponsors (3)

Last Action

Referred to: HRC (on 03/11/2021)

bill text


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