30-1-9. Tolling of time limitation for prosecution for crimes.
241 words·~1 min read·
/nm/chapter-30-criminal-offenses/article-1-general-provisions/30-1-9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. If after any crime has been committed the defendant shall conceal himself, or shall flee from or go out of the state, the prosecution for such crime may be commenced within the time prescribed in Section 1-8 [30-1-8 NMSA 1978], after the defendant ceases to conceal himself or returns to the state. No period shall be included in the time of limitation when the party charged with any crime is not usually and publicly a resident within the state.
B. When
(1)an indictment, information or complaint is lost, mislaid or destroyed;
(2)the judgment is arrested;
(3)the indictment, information or complaint is quashed, for any defect or reason; or
(4)the prosecution is dismissed because of variance between the allegations of the indictment, information or complaint and the evidence; and a new indictment, information or complaint is thereafter presented, the time elapsing between the preferring of the first indictment, information or complaint and the subsequent indictment, information or complaint shall not be included in computing the period limited for the prosecution of the crime last charged; provided that the crime last charged is based upon and grows out of the same transaction upon which the original indictment, information or complaint was founded, and the subsequent indictment, information or complaint is brought within five years from the date of the alleged commission of the original crime.
History: 1953 Comp., § 40A-1-9, enacted by Laws 1963, ch. 303, § 1-9.