N.M. Stat. » N.M. Stat. / Chapter 41 / Article 13
New Mexico Statutes

N.M. Stat. § 41-13-3 (2026)

Governmental civil immunity established.

✓ current as of May 2026
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A governmental entity, a public employee and an immune contractor are not liable
for damages arising out of a claim based upon tort, contract or other civil law claim and
caused directly or indirectly by the failure or malfunction of computer hardware,
computer software, microchip controlled firmware or other equipment affected by the
failure to accurately or properly process dates or times if the failure or malfunction:

   A. occurred before December 31, 2005;

   B. occurred within the scope of employment of the public employee or within the
scope of the contract or the volunteer service program of the immune contractor; and

   C. was unforeseeable or was foreseeable but the plan or design, or both, for
identifying and preventing it was prepared and implemented in good faith and with the
exercise of ordinary care.

History: Laws 1999, ch. 268, § 4.

                                    ANNOTATIONS

Effective dates. — Laws 1999, ch. 268 contained no effective date provision, but,
pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after
adjournment of the legislature.
Notes of Decisions
Cited in 13 cases, 1955–2008 · leading case: State v. Upton, 290 P.2d 440 (N.M. 1955).
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State v. Upton, 290 P.2d 440 (N.M. 1955). · cites it 10× “Section 41-13-3, NMSA 1953, as construed in Territory v.”
State v. Ortega, 419 P.2d 219 (N.M. 1966). · cites it 4× “” All the questions were answered in the affirmative.”
State v. Demongey, 187 P.3d 679 (N.M. Ct. App. 2008). · cites it 2× “"); see also Rule 5-602(C) NMRA (stating that, upon motion or good cause, the district court shall order a mental evaluation of the defendant before determining competency to stand trial). {35} Based on the record presented, it appears that a determination of Defendant's…”
State v. Duran, 456 P.2d 880 (N.M. Ct. App. 1969). · cites it 3× “Section 41-13-3, N.M.S.A.1953 (Repl.Vol. 6, Supp.”
State v. Lopez, 458 P.2d 851 (N.M. Ct. App. 1969). · cites it 2× “Section 41-13-3, N.M.S.A.1953 (Repl. 1964, Supp.”
State v. Nelson, 634 P.2d 676 (N.M. 1981). “2d 165 (1952)], point out that the right to a jury trial on the question of competency to stand trial depended on the 1855-56 statute [Laws 1855-56, page 106; codified at § 41-13-3, N.M.S.A.1953 (Repl. Vol. 1964), repealed by 1967 N.”
State v. Roybal, 414 P.2d 850 (N.M. 1966). “Our statute, § 41-13-3, N.M.S.A. 1953, as interpreted in Territory v.”
State v. Garcia, 429 P.2d 334 (N.M. 1967). · cites it 2× “2d 440 (1955), states: “Section 41-13-3, N.M.S.A.1953, as construed in Territory v.”
State v. Chavez, 541 P.2d 631 (N.M. Ct. App. 1975). “This procedure remained substantially unchanged from the time of its enactment until it was repealed by Laws 1967, ch.”
State v. Velasquez, 412 P.2d 4 (N.M. 1966). “It did not tend to support his plea of not guilty by reason of insanity, nor did he submit or request an instruction with re-.”
State v. Hollowell, 461 P.2d 238 (N.M. Ct. App. 1969). “See § 41-13-3, N.M.S.A.1953 (Repl.Vol. 6, Supp.”
State v. Hollowell, 461 P.2d 238 (N.M. Ct. App. 1969). “See § 41-13-3, N.M.S.A. 1953 (Repl.Vol. 6, Supp.”
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