EVIDENCE IN PROBATION REVOCATION

HB0079

HOUSE BILL 79

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Andrea Reeb

AN ACT

RELATING TO DELINQUENCY; PROVIDING THAT THE STANDARD OF PROOF
IN PROBATION REVOCATION PROCEEDINGS SHALL BE A PREPONDERANCE OF
THE EVIDENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 32A-2-24 NMSA 1978 (being Laws 1993,
Chapter 77, Section 53, as amended) is amended to read:

"32A-2-24.
PROBATION REVOCATION--DISPOSITION.--

A. A child on probation incident to an adjudication
as a delinquent child who violates a term of the probation may
be proceeded against in a probation revocation proceeding. A
proceeding to revoke probation shall be begun by filing in the
original proceeding a petition styled as a "petition to revoke
probation". Petitions to revoke probation shall be screened,
reviewed and prepared in the same manner and shall contain the
same information as petitions alleging delinquency. Procedures
of the Delinquency Act regarding taking into custody and
detention shall apply. The petition shall state the terms of
probation alleged to have been violated and the factual basis
for these allegations.

B. The standard of proof in probation revocation
proceedings shall be
a preponderance of the
evidence, [
beyond a
reasonable doubt
] and the hearings shall be before the court
without a jury. In all other respects, proceedings to revoke
probation shall be governed by the procedures, rights and
duties applicable to proceedings on a delinquency petition. If
a child is found to have violated a term of the child's
probation, the court may extend the period of probation or make
any other judgment or disposition that would have been
appropriate in the original disposition of the case."

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