Bill > HB79

This bill amends existing law concerning probation revocation for delinquent children, specifically changing the required level of proof needed to revoke probation. Previously, the standard of proof was "beyond a reasonable doubt," meaning the prosecution had to convince the court that there was no other logical explanation, based on the facts, except that the child committed the violation. This bill changes that standard to "a preponderance of the evidence," which is a lower bar, meaning the court only needs to be convinced that it is more likely than not that the child violated their probation. This change applies to proceedings where a child on probation is alleged to have broken the terms of that probation, and the court will make this determination without a jury.

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https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=79&year=26