New Mexico Statutes 11-16-3. Definitions
As used in the Wildlife Violator Compact:
Terms Used In New Mexico Statutes 11-16-3
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. “citation” means a summons, complaint, summons and complaint, ticket, penalty assessment or other official document issued to a person by a wildlife officer or other peace officer for a wildlife violation, which contains an order requiring the person to respond;
B. “collateral” means cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation;
C. “compliance” with respect to a citation means the act of answering a citation through an appearance in a court or tribunal or through the payment of fines, costs and surcharges;
D. “conviction” means a conviction, including a court conviction, for an offense related to the preservation, protection, management or restoration of wildlife, that is prohibited by state statute, law, ordinance or administrative rule. “Conviction” also includes the forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed the offense, the payment of a penalty assessment, a plea of nolo contendere and the imposition of a deferred or suspended sentence by the court;
E. “court” means a court of law, including a magistrate court;
F. “home state” means the state of primary residence of a person;
G. “issuing state” means the participating state that issues a citation to the violator; H. “license” means a license, permit or other public document that conveys to a person to whom it was issued the privilege of pursuing, possessing or taking wildlife regulated by statute, law, ordinance or administrative rule of a participating state;
I. “licensing authority” means the department or division within each participating state that is authorized by law to issue or approve licenses or permits to hunt, fish, trap or possess wildlife;
J. “participating state” means a state that enacts legislation to become a member of the Wildlife Violator Compact;
K. “personal recognizance” means an agreement by a person made at the time of issuance of a citation that the person will comply with the terms of the citation;
L. “state” means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the provinces of Canada and other countries;
M. “suspension” means a revocation, denial or withdrawal of license privileges, including the privilege to apply for, purchase or exercise the benefits conferred by a license;
N. “wildlife” means species of animals, including mammals, birds, fish, reptiles, amphibians, mollusks and crustaceans, which are protected or otherwise regulated by statute, law, ordinance or administrative rule in a participating state. Species included in the definition of “wildlife” vary from state to state and determination of whether a species is “wildlife” for the purposes of the Wildlife Violator Compact shall be based on local law;
O. “wildlife law” means a statute, law, ordinance or administrative rule developed and enacted for the management and use of wildlife resources;
P. “wildlife officer” means an individual authorized by a participating state to issue a citation; and
Q. “wildlife violation” means a cited violation of a statute, law, ordinance or administrative rule developed and enacted for the management and use of wildlife resources.