Statutory Construction

NMSA 1978 ch. 12, art. 2

in effect

NMSA 1978, § 12-2-3 Officer defined for certain statutes

12-2-3. Officer defined for certain statutes In all statutes which: A. use the general term or terms "public officer," "public official," "officer" or any similar term signifying the same class of persons; and B. do not specifically define the term to include those excluded by this section; and C. which limit, prohibit or penalize the ability, privilege or right of persons of that class to deal with the state, or any of its agencies or political subdivision [subdivisions], other than an agency or subdivision under the executive control or supervision of that person or a board or commission of which that person is a member, the term or terms shall be construed to mean a salaried public official who receives an annual, monthly or daily salary, or is compensated for his services in the form of fees. The term or terms shall not be construed to mean officers or officials who receive per diem expense and mileage only. 1953 Comp., § 1-2-2.1, enacted by Laws 1963, ch. 197, § 1.

NMSA 1978, § 12-2-4 Determination of death

12-2-4. Determination of death A. For all medical, legal and statutory purposes, death occurs when an individual has sustained either: (1) irreversible cessation of circulatory or respiratory functions; or (2) irreversible cessation of all functions of the entire brain, including the brain stem. B. A determination of death shall be made in accordance with accepted medical standards. C. Death is to be pronounced pursuant to the provisions of Subsection A of this section before artificial means of supporting circulatory or respiratory functions are terminated and before any vital organ is removed for purposes of transplantation, therapy, research or education in compliance with the provisions of the Jonathan Spradling Revised Uniform Anatomical Gift Act [Chapter 24, Article 6B NMSA 1978]. D. The definition of death set forth in Subsection A of this section is to be utilized for all purposes in this state, including civil and criminal actions, notwithstanding any other law to the contrary. 1978 Comp., § 12-2-4, enacted by Laws 1993, ch. 174, § 1; 2007, ch. 323, § 26.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18512/index.doFetched: 10/20/2026