2020 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 3 - Bail
Section 31-3-10 - Termination of liability.
All recognizances secured by the execution of a bail bond shall be null and void upon the finding that the accused person is guilty, and all bond liability shall thereupon terminate.
History: 1978 Comp., § 31-3-10, enacted by Laws 1987, ch. 228, § 2.
ANNOTATIONSPurpose of bail bond. — A bail bond is a type of bond to obtain the release of a person from imprisonment and to secure his appearance before the court. State v. Valles, 2004-NMCA-118, 136 N.M. 429, 99 P.3d 1164.
Statute governs. — Because the bail bond form which the supreme court requires sureties to sign when posting bail for a criminal defendant and a statute conflict on when the surety's obligation under the bond terminates, the statute governs. State v. Valles, 2004-NMCA-118, 136 N.M. 429, 99 P.3d 1164.
Surety discharged when defendant found guilty. — With the 1987 enactment of this section, the legislature established that the contractual agreement between surety, the principal and the state was terminated when defendant was found guilty, and the court is therefore required to order the discharge of the surety under 31-3-4 E(4) NMSA 1978. State v. Valles, 2004-NMCA-118, 136 N.M. 429, 99 P.3d 1164.
