SENATE BILL 510

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Bill B. O'Neill

AN ACT

RELATING TO CRIME VICTIM REPARATIONS; AMENDING AND EXPANDING THE ENUMERATED CRIMES IN THE CRIME VICTIMS REPARATION ACT; ALLOWING THE CRIME VICTIMS REPARATION COMMISSION TO EXTEND THE TIME FOR FILING A CLAIM UPON GOOD CAUSE SHOWN; CREATING A CRIME VICTIMS REPARATION FEE FOR THOSE CONVICTED OF A PENALTY ASSESSMENT MISDEMEANOR, TRAFFIC VIOLATION, PETTY MISDEMEANOR, MISDEMEANOR OR FELONY OFFENSE.

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

     SECTION 1. Section 31-22-8 NMSA 1978 (being Laws 1981, Chapter 325, Section 8, as amended) is amended to read:

     "31-22-8. CRIMES ENUMERATED.--

          A. The crimes to which the Crime Victims Reparation Act applies and for which reparation to victims may be made are the following enumerated offenses and all other offenses in which any enumerated offense is necessarily included:

                (1) arson resulting in bodily injury;

                [(2) aggravated arson;

                (3)] (2) aggravated assault or aggravated battery;

                [(4)] (3) dangerous use of explosives resulting in bodily injury;

                [(5)] (4) negligent use of a deadly weapon;

                [(6)] (5) murder;

                [(7)] (6) voluntary manslaughter;

                [(8)] (7) involuntary manslaughter;

                [(9)] (8) kidnapping;

                [(10)] (9) criminal sexual penetration;

                [(11)] (10) criminal sexual contact of a minor;

                [(12)] (11) homicide by vehicle or great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978;

                [(13)] (12) abandonment or abuse of a child;

                [(14)] (13) aggravated indecent exposure, as provided in Section 30-9-14.3 NMSA 1978;

                [(15) aggravated] (14) stalking; [as provided in Section 30-3A-3.1 NMSA 1978; and

                (16)] (15) human trafficking;

                (16) assault against a household member; and

                (17) battery against a household member.            B. No award shall be made for any loss or damage to property."

     SECTION 2. Section 31-22-14 NMSA 1978 (being Laws 1981, Chapter 325, Section 14, as amended) is amended to read:

     "31-22-14. LIMITATIONS ON AWARD--COLLATERAL RECOVERY--

PRELIMINARY AWARD.--

          A. No order for the payment of reparation shall be made unless application has been made within two years after the date of the injury or death and the injury or death was the result of a crime enumerated in Section 31-22-8 NMSA 1978 that had been reported to the police within thirty days after its occurrence unless a longer period is allowed pursuant to Subsection F of this section. [In no event shall reparation be given unless application has been] An application for reparation shall be made within two years after the injury or death, except for minors who are victims of criminal activity under the provisions of Section 30-6-1 NMSA 1978, regarding abandonment or abuse of a child, Section 30-9-11 NMSA 1978, regarding criminal sexual penetration, or Section 30-9-13 NMSA 1978, regarding criminal sexual contact of a minor. The date of incident for minors who are victims of these types of criminal activity shall be the date the victim attains the age of eighteen years or the date that the criminal activity is reported to a law enforcement agency, whichever occurs first. The commission may extend the time for filing an application for good cause shown by a claimant or a victim.

          B. No award of reparation shall be in excess of twenty thousand dollars ($20,000) per victim except that the commission may award up to an additional thirty thousand dollars ($30,000) for extraordinary pecuniary losses, if the personal injury to a victim is catastrophic and results in a permanent total disability. The extraordinary losses compensated may include:

                (1) loss of wages;

                (2) the cost of home health care;

                (3) the cost of making a home or automobile accessible;

                (4) the cost of training in the use of special application; or

                (5) job training.

          C. Except as provided by Subsection E of this section, the commission shall deduct from any reparation awarded any payments received from a collateral source or from the United States or the state or any of its political subdivisions for injury or death subject to reparation under the Crime Victims Reparation Act. If the claimant receives an award of reparation from the commission and also receives payment as set forth in the preceding sentence for which no deduction was made, the claimant shall refund to the state the lesser of the amount of reparation paid or the sums not so deducted.

          D. If the claimant receives an award of reparation from the commission and also receives an award pursuant to a civil judgment arising from a criminal occurrence for which a reparation award was paid, the claimant shall refund to the state the amount of the reparation paid to [him] the claimant. The commission may negotiate a reasonable settlement regarding repayment of the reparation award if special circumstances exist.

          E. If it appears that a final award of reparation will be made by the commission, a preliminary award may be authorized by the director of the commission or the commission's designee when the commission [chairman] chair concurs. The amount of the preliminary award shall be deducted from any final award made by the commission.

          F. The commission may grant a waiver to the requirement in Subsection A of this section that a crime be reported to the police within thirty days of its occurrence for:

                (1) a victim of domestic violence or sexual assault if reported to the police within one hundred eighty days of the occurrence; or

                (2) a crime against a child that was reported within thirty days of its occurrence to the children, youth and families department, a domestic violence or sexual assault service provider, a teacher or a health care provider; provided that a police report shall be filed before the commission approves payment."

     SECTION 3. A new section of Chapter 31, Article 12 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] CRIME VICTIMS REPARATION FEE.--

          A. In addition to any other fees or penalties collected in a district court, metropolitan court and magistrate court, those courts shall assess and collect from a person convicted of a penalty assessment misdemeanor, traffic violation, petty misdemeanor, misdemeanor or felony offense a mandatory crime victims reparation fee. The fee shall be levied at the time of sentencing in addition to any sentence required or permitted by law, in accordance with the following schedule:

                (1) a person convicted of a felony shall pay a crime victims reparation fee of seventy-five dollars ($75.00);

                (2) a person convicted of a petty misdemeanor or misdemeanor shall pay a crime victims reparation fee of fifty dollars ($50.00); and

                (3) a person convicted of a penalty assessment misdemeanor traffic violation shall pay a crime victims reparation fee of fifteen dollars ($15.00).

          B. Crime victim reparation fees shall be deposited in the crime victims reparation fund."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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