In addition to any criminal penalties imposed by Section 23-6 [30-23-6 NMSA 1978], a public officer or public employee convicted of violating such section shall be liable for anything of value received by him to the department of the state or political subdivision in whose employ or service he was at the time of such violation of that section. Action for recovery of amounts under this section shall be brought in the district court of the county in which any element of the crime occurred. The actions shall be brought in the name of the state for the benefit and use of the department of the state or political subdivision in whose employ or service the public officer or public employee was at the time of the commission of the crime.
History: 1953 Comp., § 40A-23-7, enacted by Laws 1963, ch. 303, § 23-7.
Conviction required. — A judgment of conviction is the condition precedent to the maintenance by the state of an action for restitution. 1964 Op. Att'y Gen. No. 64-152.
Upon conviction under Sections 30-23-2 or 30-23-3 recovery could be had hereunder. 1964 Op. Att'y Gen. No. 64-152.
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