WRONGFUL CONVICTION COMPENSATION ACT

SB0051

SENATE BILL 51

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

INTRODUCED BY

Antoinette Sedillo Lopez

AN ACT

RELATING TO WRONGFUL CONVICTIONS; ENACTING THE WRONGFUL
CONVICTION COMPENSATION ACT; DEFINING TERMS; PROVIDING FOR A
PERSON WHO CLAIMS TO HAVE BEEN WRONGFULLY CONVICTED OF A
MISDEMEANOR OR FELONY OFFENSE IN STATE COURT TO PETITION THE
COURT FOR AN EXONERATION; PROVIDING FOR COMPENSATION, DAMAGES
AND OTHER RELIEF FOR A PERSON WHO IS EXONERATED; PROVIDING
REQUIREMENTS FOR JURISDICTION, VENUE AND NOTICE; IMPOSING
LIMITATIONS ON ACTIONS; WAIVING SOVEREIGN IMMUNITY; PROVIDING
FOR RETROACTIVE OPERATION AND LIMITATION ON RETROACTIVE
ACTIONS; PROVIDING FOR MISCELLANEOUS INTERPRETATION, PROCEDURAL
AND EVIDENTIARY RULES; CREATING THE WRONGFUL CONVICTION
COMPENSATION FUND AND PROVIDING FOR HOW AWARDS SHALL BE PAID;
MAKING CONFORMING AMENDMENTS TO THE INDIGENT DEFENSE ACT AND
SECTION 31-16-7 NMSA 1978 (BEING LAWS 1968, CHAPTER 69, SECTION
64); MAKING AN APPROPRIATION.

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

SECTION 1.
Section 31-16-7 NMSA 1978 (being Laws 1968,
Chapter 69, Section 64) is amended to read:

"31-16-7. RECOVERY FROM DEFENDANT.--

A. The district attorney may, on behalf of the
state, recover payment or reimbursement [
as the case may be
]
from [
each
]
a
person who [
has
] received legal assistance or
another benefit [
under
]
pursuant to
the Indigent Defense Act:

(1) to which [
he
]
the person
was not entitled;

(2) [
with respect to which he
]
if the person

was not a needy person when [
he
]
the person
received [
it
]
the
assistance or benefit
; or

(3) [
with respect to which he has
]
if the
person
failed to make the [
certificate
]
certification
required
by
Subsection B of
Section [
62B of the Indigent Defense Act
]

31-16-5 NMSA 1978
and [
for which he
] refuses to pay [
Suit must
]

for the assistance or benefit that the person received.

B. An action pursuant to the provisions of
Subsection A of this section shall
be brought within six years
[
after
]
from
the date [
on which the aid
]
the assistance or
benefit
was received.

[
B.
]
C.
The district attorney may, on behalf of the
state, recover payment or reimbursement [
as the case may be
]
from [
each
]
a
person [
other than a person
]
not
covered by
Subsection A
of this section
who [
has
] received legal
assistance under the Indigent Defense Act and who, on the date
on which [
suit is brought
]
the action is filed
, is financially
able to pay or reimburse the state for it according to the
standards of ability to pay applicable under the Indigent
Defense Act but refuses to do so; [
Suit must
]
provided that a
person's ability to pay shall not be determined based on
monetary relief awarded to the person in accordance with the
Wrongful Conviction Compensation Act. An action pursuant to
this subsection shall
be brought within three years [
after the
date on which the
]
from the date the assistance or
benefit was
received.

[
C.
]
D.
Amounts recovered [
under
]
pursuant to
this
section shall be paid to the state treasurer for credit to the
state general fund."

SECTION 2.
Section 37-2-1 NMSA 1978 (being Laws 1884,
Chapter 5, Section 1, as amended) is amended to read:

"37-2-1. WHAT CAUSES OF ACTION SURVIVE.--In addition to
the causes of action [
which
]
that
survive at common law,
the
following causes of action shall also survive:

A.
causes of action for mesne profits or for an
injury to real or personal estate or for any deceit or fraud,
[
shall also survive, and the action may be brought
]
notwithstanding the death of the person entitled or liable to
the same; [
The
]

B. a
cause of action for wrongful death and [
the
]
a

cause of action for personal injuries shall survive the death
of the party responsible [
therefor
]
for the death or injuries;
and

C. a cause of action provided for by the Wrongful
Conviction Compensation Act
."

SECTION 3.
[
NEW MATERIAL
] SHORT TITLE.--Sections 3
through 14 of this act may be cited as the "Wrongful Conviction
Compensation Act".

SECTION 4.
[
NEW MATERIAL
] DEFINITIONS.--As used in the
Wrongful Conviction Compensation Act:

A. "Alford plea" means a guilty plea entered by a
defendant in a criminal case that consists of only a waiver of
trial accompanied by the defendant's protestations of innocence
and includes a nolo contendere plea entered by a defendant that
is accompanied by the defendant's protestations of innocence;

B. "conviction" includes the adjudication of a
child as a delinquent offender, youthful offender or serious
youthful offender as provided in the Delinquency Act;

C. "exoneration" means a formal declaration of a
person's innocence made by a court that clears the person of
all blame for a criminal offense for which the person was
previously convicted;

D. "felony offense" includes corresponding
delinquent acts, youthful offender offenses and serious
youthful offender offenses as provided in the Delinquency Act;

E. "imprisonment" includes confinement in a jail or
an adult or a youth detention facility or commitment to a
hospital, an institution or a treatment center;

F. "misdemeanor offense" includes corresponding
delinquent acts as provided in the Delinquency Act; and

G. "wrongful conviction" means the conviction of a
person for a criminal offense that the person did not commit or
for a criminal offense that was not actually committed.

SECTION 5.
[
NEW MATERIAL
] JURISDICTION AND VENUE.--An
action initiated pursuant to the Wrongful Conviction
Compensation Act shall be filed in the district court of the
county where the petitioner resides or in the first judicial
district court.

SECTION 6.
[
NEW MATERIAL
] PETITION FOR AN EXONERATION--PARTIES--DEFENSES.--

A. A person who claims to have been wrongfully
convicted in state court may petition a court for an
exoneration. The petition shall be filed against the state and
shall assert either an innocence per se claim or an innocence
claim, as provided in this section. The person shall have the
burden to prove the claim by a preponderance of the evidence,
and, if the court approves the person's petition, the person
shall be exonerated and entitled to compensation, damages and
other appropriate relief as provided in the Wrongful Conviction
Compensation Act.

B. A person who asserts an innocence per se claim
shall prove that:

(1) the person was convicted of a misdemeanor
or felony offense;

(2) the person was sentenced for the
conviction and served all or part of the sentence; and

(3) the person's conviction was overturned,
reversed or vacated pursuant to court order or the person was
discharged from imprisonment pursuant to a writ of habeas
corpus, and the court order or writ were issued based on a
finding that:

(a) the person did not commit the
offense;

(b) the offense was not committed at
all; or

(c) in light of newly discovered
evidence, no reasonable juror would have convicted the person
of the offense.

C. A person who asserts an innocence claim shall
prove that the person:

(1) was convicted of a misdemeanor or felony
offense;

(2) was sentenced for the conviction and
served all or part of the sentence;

(3) did not commit the offense or the offense
was not committed at all; and

(4) was pardoned or that person's conviction
was overturned, reversed or vacated and, if the conviction was
overturned, reversed or vacated, that:

(a) the person's charge was dismissed,
the person was retried and acquitted or the person was entitled
to retrial but instead entered an Alford plea; and

(b) the person was not subsequently
convicted of a lesser included felony offense that arose from
the same facts that resulted in the previous conviction;
provided that a conviction pursuant to an Alford plea is not a
subsequent conviction for the purposes of this subparagraph.

D. The attorney general shall represent the state
in proceedings initiated pursuant to this section; provided
that the attorney general may appoint a district attorney to
represent the state if the attorney general determines that a
conflict of interest or other good cause requires the
appointment.

E. A court shall dismiss a petition for an
exoneration if the state asserts and proves at least one of the
following defenses by a preponderance of the evidence:

(1) the person was an accomplice in the
commission of offense at issue; or

(2) the person intentionally caused the
person's conviction by fabricating evidence or committing
perjury at trial to prevent the actual perpetrator from being
convicted.

F. Upon the filing of a petition pursuant to this
section, a court shall serve notice on the attorney general and
schedule a hearing within ten days. The court shall hold the
hearing within one hundred eighty days from the date the
petition was filed, unless the court finds good cause to hold
the hearing at a later date.

SECTION 7.
[
NEW MATERIAL
] NOTICE REQUIREMENTS--LIMITATION
ON ACTIONS.--

A. A court shall give a person written notice of
the rights provided for in the Wrongful Conviction Compensation
Act whenever the court enters:

(1) an order overturning, reversing or
vacating the person's misdemeanor or felony conviction;

(2) a writ of habeas corpus discharging the
person from imprisonment that was ordered as the sentence for
the person's misdemeanor or felony conviction; or

(3) upon remand from an appellate court, an
order of dismissal or a judgment of acquittal or conviction
pursuant to an Alford plea for the misdemeanor or felony charge
against the person.

B. The written notice required in Subsection A of
this section shall include a copy of the Wrongful Conviction
Compensation Act and copies of related rules or forms
promulgated by the supreme court. The court giving notice
shall obtain the person's written acknowledgment that the
person received the notice and shall file the acknowledgment
with the court.

C. Upon issuing a pardon, the governor shall give
the person pardoned written notice of the rights provided for
in the Wrongful Conviction Compensation Act, a copy of that act
and copies of related rules or forms promulgated by the supreme
court. The governor shall obtain the person's written
acknowledgment that the person received the notice and shall
maintain the acknowledgment as an official record.

D. An action initiated pursuant to the Wrongful
Conviction Compensation Act shall be filed no later than six
years from the date the person received notice in accordance
with this section; provided that:

(1) the six-year period may be extended by
four years if:

(a) the person obtains new evidence that
is material to the person's claim;

(b) the new evidence could not have been
obtained earlier with reasonable diligence; and

(c) the person obtained the new evidence
within the last two years of the six-year period; or

(2) an otherwise expired six-year period may
be reopened for a period of four years if:

(a) the person obtains new evidence that
is material to the person's claim; and

(b) the new evidence could not have been
obtained earlier with reasonable diligence.

SECTION 8.
[
NEW MATERIAL
] MONETARY RELIEF.--

A. Except as provided in Subsections B and C of
this section, a person who is exonerated in accordance with the
Wrongful Conviction Compensation Act shall be entitled to:

(1) compensation as follows:

(a) a minimum of seventy-five thousand
dollars ($75,000) for each year the person was imprisoned,
prorated by the day for any partial years;

(b) a minimum of fifty thousand dollars
($50,000) for each year the person was released on probation or
parole and for each year the person was not on probation or
parole but was subject to the requirements of the Sex Offender
Registration and Notification Act, prorated by the day for any
partial years; and

(c) if the person was imprisoned and
awaiting the execution of a death sentence, a minimum of an
additional twenty-five thousand dollars ($25,000) for each year
the person was imprisoned, prorated by the day for any partial
years;

(2) the person's actual damages incurred as a
result of the person's wrongful conviction, including lost
wages, pain and suffering or emotional distress, fines, fees or
restitution or child support arrearage and interest on the
arrearage; and

(3) the person's reasonable attorney fees,
costs and expenses; provided that, if attorney fees, costs and
expenses are awarded, the person's attorney shall not collect
other fees, costs or expenses from or on behalf of the person.

B. Compensation provided for in Paragraph (1) of
Subsection A of this section:

(1) shall not be awarded to a person:

(a) for any year or partial year the
person was imprisoned or on probation or parole while serving a
concurrent sentence for a separate intact conviction unrelated
to the conviction for which the person was exonerated unless
the concurrent sentence for the separate intact conviction was:
1) extended or otherwise enhanced due to the conviction for
which the person was exonerated; or 2) the result of an Alford
plea entered after the conviction for which the person was
exonerated was overturned, reversed or vacated or after the
person was discharged from imprisonment on that conviction
pursuant to a writ of habeas corpus; provided that the person
shall prove by a preponderance of the evidence that the person
did not commit the offense underlying the separate intact
conviction or that the offense was not committed at all; or

(b) for any year or partial year the
person was subject to the requirements of the Sex Offender
Registration and Notification Act and was not on probation or
parole if the person was otherwise subject to the requirements
of that act for a separate conviction unrelated to the
conviction for which the person was exonerated; and

(2) shall be adjusted on July 1, 2027 and July
1 of each subsequent year based on the cost-of-living measured
by the percentage increase or decrease of the consumer price
index, as determined by the United States department of labor
for August of the immediately preceding year for all urban
consumers in the west region; provided that the amount of the
increase or decrease shall be rounded to the nearest multiple
of ten thousand dollars ($10,000); and provided further that
the risk management division of the general services department
shall determine and publish the cost-of-living adjustment on or
before May 1 of the year the adjustment will take effect.

C. Compensation, damages and attorney fees, costs
or expenses awarded to a person pursuant to this section:

(1) shall be paid to the person in a lump sum;
and

(2) may be reduced or subject to reimbursement
only as follows:

(a) compensation awarded to the person
may be reduced by an amount equal to a previous award of
noneconomic damages the person received pursuant to a judgment
or settlement in a civil action based on the same facts that
gave rise to the person's petition for an exoneration, not
including an amount of the previous award that was awarded or
used to pay for attorney fees, costs or expenses;

(b) damages awarded to the person shall
be reduced by an amount equal to a previous award of economic
damages the person received pursuant to a judgment or
settlement in a civil action based on the same facts that gave
rise to the person's petition for an exoneration, not including
an amount of the previous award that was awarded or used to pay
for attorney fees, costs or expenses;

(c) compensation or damages shall be
reimbursed to the state in the amount of a subsequent award of
noneconomic damages the person receives pursuant to a judgment
or settlement in a civil action based on the same facts that
gave rise to the person's petition for an exoneration, not
including an amount of the subsequent award that was awarded or
used to pay for attorney fees, costs or expenses; and

(d) attorney fees, costs or expenses
awarded to the person shall not be reduced or subject to
reimbursement.

SECTION 9.
[
NEW MATERIAL
] OTHER RELIEF.--If a court
approves a person's petition for an exoneration in accordance
with the Wrongful Conviction Compensation Act, the court shall
enter:

A. an order expunging all publicly available
records of the person's arrest, prosecution, conviction and
sentence related to the felony offense for which the petition
was filed, which shall:

(1) be directed to the corrections department
and any law enforcement agency, jail, district attorney and
court maintaining those records; and

(2) direct that the expungement be immediate
and in the manner, to the extent and with the same effect as
caused by an order to expunge issued pursuant to the Criminal
Record Expungement Act; and

B. an order directing the attorney general to,
within sixty days of the order, provide the person with a
letter, no longer than one page in length, that is signed by
and under the seal of the attorney general that:

(1) states that the person was wrongfully
convicted of the felony offense for which the eligibility claim
was filed; and

(2) lists the applicable time periods the
person was wrongfully imprisoned, on probation or parole or
otherwise subject to requirements of the Sex Offender
Registration and Notification Act.

SECTION 10.
[
NEW MATERIAL
] SOVEREIGN IMMUNITY WAIVED.--The state waives sovereign immunity from liability in actions
pursuant to the Wrongful Conviction Compensation Act initiated
and maintained in state court.

SECTION 11.
[
NEW MATERIAL
] RETROACTIVE OPERATION--LIMITATION ON RETROACTIVE ACTIONS.--

A. The provisions of the Wrongful Conviction
Compensation Act shall operate retroactively.

B. Retroactive actions pursuant to the Wrongful
Conviction Compensation Act that accrue before July 1, 2026
shall be filed on or before June 30, 2032.

SECTION 12.
[
NEW MATERIAL
] MISCELLANEOUS INTERPRETATION,
PROCEDURAL AND EVIDENTIARY RULES.--Unless otherwise provided by
the supreme court:

A. the Wrongful Conviction Compensation Act shall
be liberally construed to carry out its purpose;

B. a court hearing a petition filed pursuant to the
Wrongful Conviction Compensation Act shall give due
consideration to the difficulties of proof caused by the
passage of time, the death or unavailability of witnesses, the
destruction of evidence and other difficulties of proof not
caused by parties to the petition when the court is exercising
its discretion regarding the admissibility of and the weight
given to evidence presented by the person who filed the
petition; and

C. a judgment made pursuant to the Wrongful
Conviction Compensation Act or evidence that a petition for an
exoneration was granted or denied shall not be admissible
evidence in any other proceeding.

SECTION 13.
[
NEW MATERIAL
] WRONGFUL CONVICTION
COMPENSATION FUND.--

A. The "wrongful conviction compensation fund" is
created as a nonreverting fund in the state treasury. The fund
consists of appropriations, gifts, grants, donations and
bequests made to the fund, and income from the fund shall be
credited to the fund. The fund shall be administered by the
department of finance and administration, and money in the fund
is appropriated to the department for expenditures made
pursuant to the Wrongful Conviction Compensation Act.
Disbursements from the fund shall be made by warrant of the
secretary of finance and administration pursuant to an order
for relief issued by a district court in accordance with the
Wrongful Conviction Compensation Act.

B. Subject to the availability of money in the
wrongful conviction compensation fund, monetary relief awarded
pursuant to the Wrongful Conviction Compensation Act shall be
paid from that fund; otherwise, the state shall be liable for
the relief awarded.

SECTION 14.
[
NEW MATERIAL
] FINANCIAL ASSISTANCE UPON
RELEASE.--

A. If a person is released from imprisonment
pursuant to a pardon, an order overturning, reversing or
vacating the person's conviction or a writ of habeas corpus,
the person is eligible for the following financial assistance:

(1) a stipend of six thousand dollars ($6,000)
to cover the person's immediate expenses for housing,
utilities, food and medical care; and

(2) a monthly payment of one thousand dollars
($1,000) for the person's ongoing re-integration expenses,
which shall be paid to the person for six consecutive months
beginning six months from the date the person is released from
imprisonment.

B. A person who is eligible for financial
assistance may submit an application to the department of
finance and administration. The department of finance and
administration shall verify an application upon receipt and
shall disburse the assistance as provided in Subsection A of
this section as soon as practicable.

SECTION 15.
APPROPRIATION.--Nine million dollars
($9,000,000) is appropriated from the general fund to the
wrongful conviction compensation fund for expenditure in fiscal
year 2027 and subsequent fiscal years to carry out the purposes
of the Wrongful Conviction Compensation Act. Any unexpended
balance remaining at the end of a fiscal year shall not revert
to the general fund.

SECTION 16.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.