HOUSE BILL 190
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Dayan Hochman-Vigil
AN ACT
RELATING TO VICTIMS OF CRIME; AMENDING THE VICTIMS OF CRIME ACT TO INCLUDE BATTERY UPON A HEALTH CARE WORKER AND HUMAN TRAFFICKING AS APPLICABLE CRIMINAL OFFENSES; ALLOWING A VICTIM'S REPRESENTATIVE WHO IS AN ATTORNEY AUTHORIZED TO PRACTICE IN NEW MEXICO TO FILE PLEADINGS AND APPEAR OR OTHERWISE SPEAK ON BEHALF OF A VICTIM IN COURT PROCEEDINGS; PROVIDING THAT A NOTICE PERIOD FOR A COURT PROCEEDING THAT IS SHORTER THAN SEVEN WORKING DAYS IS ALLOWED ONLY WHEN A COURT FINDS EXCEPTIONAL CIRCUMSTANCES; CREATING A PROCEDURE FOR A VICTIM TO APPEAL A COURT'S DECISION TO HOLD A HEARING AFTER A NOTICE PERIOD SHORTER THAN SEVEN WORKING DAYS; CLARIFYING THAT A COURT SHALL PROVIDE LANGUAGE INTERPRETATION SERVICES AND OTHER SERVICES NECESSARY FOR A VICTIM TO PARTICIPATE IN A COURT PROCEEDING; CREATING A PRIVATE CAUSE OF ACTION FOR VIOLATIONS OF DUTIES OR DEPRIVATION OF RIGHTS PROVIDED IN THE VICTIMS OF CRIME ACT; WAIVING SOVEREIGN IMMUNITY; AUTHORIZING THE ATTORNEY GENERAL TO FILE A PETITION AGAINST THE STATE OR A POLITICAL SUBDIVISION OF THE STATE TO SEEK CIVIL PENALTIES FOR VIOLATIONS OF THE VICTIMS OF CRIME ACT; PRESCRIBING CIVIL PENALTIES; MAKING CONFORMING AMENDMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 31-26-3 NMSA 1978 (being Laws 1994, Chapter 144, Section 3, as amended) is amended to read:
"31-26-3. DEFINITIONS.--As used in the Victims of Crime Act:
A. "court" means magistrate court, metropolitan court, children's court, district court, the court of appeals or the supreme court;
B. "criminal offense" means:
(1) negligent arson resulting in death or bodily injury, as provided in Paragraph (1) of Subsection [B] G of Section 30-17-5 NMSA 1978;
(2) aggravated arson, as provided in Section 30-17-6 NMSA 1978;
(3) aggravated assault, as provided in Section 30-3-2 NMSA 1978;
(4) aggravated battery, as provided in Section 30-3-5 NMSA 1978;
(5) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;
(6) negligent use of a deadly weapon, as provided in Section 30-7-4 NMSA 1978;
(7) murder, as provided in Section 30-2-1 NMSA 1978;
(8) voluntary manslaughter, as provided in Section 30-2-3 NMSA 1978;
(9) involuntary manslaughter, as provided in Section 30-2-3 NMSA 1978;
(10) kidnapping, as provided in Section 30-4-1 NMSA 1978;
(11) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
(12) criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978;
(13) [armed] robbery, as provided in Section 30-16-2 NMSA 1978;
(14) homicide by vehicle, as provided in Section 66-8-101 NMSA 1978;
(15) great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
(16) abandonment or abuse of a child, as provided in Section 30-6-1 NMSA 1978;
(17) stalking or aggravated stalking, as provided in the Harassment and Stalking Act;
(18) aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978;
(19) assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978;
(20) battery against a household member, as provided in Section 30-3-15 NMSA 1978; [or]
(21) aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978;
(22) battery upon a health care worker, as provided in Section 30-3-9.2 NMSA 1978; or
(23) human trafficking, as provided in Section 30-52-1 NMSA 1978;
C. "court proceeding" means a hearing, argument or other action scheduled by and held before a court;
D. "family member" means a spouse, child, sibling, parent or grandparent;
E. "formally charged" means the filing of an indictment, the filing of a criminal information pursuant to a bind-over order, the filing of a petition or the setting of a preliminary hearing;
F. "victim" means [an individual] a person against whom a criminal offense is committed. "Victim" also means a family member or a victim's representative when the [individual] person against whom a criminal offense was committed is a minor, is incompetent or is a homicide victim; and
G. "victim's representative" means [an individual] a person designated by a victim or appointed by the court to act in the best interests of the victim."
SECTION 2. Section 31-26-7 NMSA 1978 (being Laws 1994, Chapter 144, Section 7) is amended to read:
"31-26-7. DESIGNATION OR APPOINTMENT OF VICTIM'S REPRESENTATIVE.--
A. A victim may designate a victim's representative to exercise all rights provided to the victim pursuant to the provisions of the Victims of Crime Act. A victim may revoke [his] the victim's designation of a victim's representative at any time.
B. [When] If a victim is deceased, incompetent or unable to designate a victim's representative, [the] a court may appoint a victim's representative for the victim. If a victim regains [his] competency, [he] the victim may revoke [the] a court's appointment of a victim's representative.
C. [When the] If a victim is a minor, the victim's parent or grandparent may exercise the victim's rights; provided that when the person accused of committing the criminal offense against the victim is the parent or grandparent of the victim, [the] a court may appoint a victim's representative for the victim.
D. If a victim designates or a court appoints a victim's representative who is an attorney authorized to practice in New Mexico, the victim's representative may file pleadings or appear or otherwise speak on behalf of the victim in court proceedings."
SECTION 3. Section 31-26-10 NMSA 1978 (being Laws 1994, Chapter 144, Section 10) is amended to read:
"31-26-10. PROCEDURES FOR PROVIDING VICTIMS WITH NOTICE OF A COURT PROCEEDING--COURTS--DISTRICT ATTORNEYS.--
A. A clerk of a court shall provide a district attorney's office with oral or written notice no later than seven working days prior to a scheduled court proceeding attendant to a criminal offense, unless the court finds exceptional circumstances and determines that a shorter notice period is reasonable under [the] those circumstances. The district attorney's office shall convey the information concerning the scheduled court proceeding to the victim, as provided in Subsection B of Section [9 of the Victims of Crime Act] 31-26-9 NMSA 1978.
B. If a court finds exceptional circumstances and schedules a court proceeding within a notice period shorter than seven working days and holds the hearing without a victim present, the victim may appeal the court's decision to hold the hearing. An appeal shall be taken de novo, and if the appellate court finds that exceptional circumstances did not exist and a notice period shorter than seven working days was not required, the court proceeding below and the outcome of that court proceeding shall be vacated and the court shall be ordered to reschedule the court proceeding with at least seven working days' notice."
SECTION 4. 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. A victim has a right to be present and make a statement, personally or through the victim's representative, at all scheduled court proceedings. If a victim requires language interpretation services or other services necessary for the victim to observe or participate in a court proceeding, those services shall be provided by the court.
[A.] B. 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 scheduled court proceeding. If the district attorney cannot verify that an attempt has been made:
(1) the court [shall] may:
[(1)] (a) reschedule the [hearing] court proceeding; or
[(2)] (b) continue with the [hearing] court proceeding but reserve ruling until the victim has been notified and given an opportunity to make a statement; and
[(3)] (2) the court shall order the district attorney to notify the victim of the [rescheduled hearing] court's ruling and the victim's options under the Victims of Crime Act.
[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 and Section 31-26-10 NMSA 1978 shall not require the court to continue or reschedule [any proceedings] a court proceeding if it would result in a violation of a jurisdictional rule."
SECTION 5. Section 31-26-13 NMSA 1978 (being Laws 1994, Chapter 144, Section 13) is amended to read:
"31-26-13. DISCLAIMER.--[Nothing in the Victims of Crime Act creates a cause of action on behalf of a person against a public employer, public employee, public agency, the state or any agency responsible for the enforcement of rights or provision of services set forth in that act.]
A. A victim may bring an action against the state or a political subdivision of the state for a violation of duties or deprivation of rights provided for in the Victims of Crime Act and may recover actual damages and be awarded equitable or injunctive relief. Sovereign immunity shall not be a defense to an action brought pursuant to this subsection.
B. The attorney general may file a petition against the state or a political subdivision of the state to seek a civil penalty for a violation of the Victims of Crime Act. A civil penalty awarded pursuant to this subsection shall not exceed five hundred dollars ($500) per violation or five hundred dollars ($500) per day for an ongoing violation."
SECTION 6. REPEAL.--Section 31-26-5 NMSA 1978 (being Laws 1994, Chapter 144, Section 5) is repealed.
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