SENATE BILL 625

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Rod Adair

AN ACT

RELATING TO CRIMINAL PROCEDURE; REQUIRING WRITTEN NOTIFICATION OF A CRIME VICTIM; PROVIDING A CRIME VICTIM STANDING TO REQUEST RECONSIDERATION IF A DISTRICT ATTORNEY DOES NOT COMPLY WITH NOTICE PROVISIONS REQUIRED IN THE VICTIMS OF CRIME ACT; REQUIRING A DISTRICT ATTORNEY TO DEMONSTRATE COMPLIANCE WITH NOTICE REQUIREMENTS OF THE VICTIMS OF CRIME ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 31-26-9 NMSA 1978 (being Laws 1994, Chapter 144, Section 9, as amended) is amended to read:

     "31-26-9. PROCEDURES FOR PROVIDING VICTIMS WITH NOTICE OF RIGHTS AND INFORMATION REGARDING PROSECUTION OF A CRIMINAL OFFENSE--DISTRICT ATTORNEYS.--

          A. Within seven working days after a district attorney files a formal charge against the accused for a criminal offense, the district attorney shall provide the victim of the criminal offense with:

                (1) a copy of Article 2, Section 24 of the constitution of New Mexico, regarding victims' rights;

                (2) a copy of the Victims of Crime Act;

                (3) a copy of the charge filed against the accused for the criminal offense;

                (4) a clear and concise statement of the procedural steps generally involved in prosecuting a criminal offense; and

                (5) the name of a person within the district attorney's office whom the victim may contact for additional information regarding prosecution of the criminal offense.

          B. The district attorney's office shall provide the victim with [oral or] written notice, in a timely fashion, of a scheduled court proceeding attendant to the criminal offense and, upon providing the written notice, shall file a certificate of service.

          C. A district attorney's failure to provide notice pursuant to this section is grounds for a victim to request reconsideration of a sentence imposed upon the accused; provided that the victim files the request for reconsideration within thirty days of a juvenile proceeding or within ninety days of an adult proceeding."

     Section 2. Section 31-26-10.1 NMSA 1978 (being Laws 2005, Chapter 283, Section 1) is amended to read:

     "31-26-10.1. CRIME VICTIM PRESENCE AT COURT PROCEEDINGS--PLEA AGREEMENT NOTIFICATION.--

          A. At any scheduled court proceeding, the court shall inquire on the record whether a victim is present for the purpose of making an oral statement or submitting a written statement respecting the victim's rights enumerated in Section 31-26-4 NMSA 1978. If the victim is not present, the court shall inquire on the record whether an attempt has been made to notify the victim of the proceeding. If the district attorney cannot [verify] produce a certificate of service pursuant to Section 31-26-9 NMSA 1978 that an attempt has been made, the court shall:

                (1) reschedule the hearing; or

                (2) continue with the hearing but reserve ruling until the victim has been notified and given an opportunity to make a statement; and 

                (3) order the district attorney to notify the victim of the rescheduled hearing.

          B. A victim who has not been notified of the scheduled court proceeding may file a request for reconsideration of a sentence imposed upon the accused, and, if the request is timely filed pursuant to Section 31-26-9 NMSA 1978, the court shall grant the request for reconsideration.

          [B.] C. The provisions of this section shall not limit the district attorney's ability to exercise prosecutorial discretion on behalf of the state in a criminal case.

          [C.] D. The provisions of this section shall not require the court to continue or reschedule any proceedings if it would result in a violation of a jurisdictional rule."

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