44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO CRIMINAL LAW; PROVIDING FOR EXPEDITED ADJUDICATION OF CERTAIN CRIMINAL CASES THAT INVOLVE A CHILD LESS THAN SIXTEEN YEARS OF AGE AS A VICTIM OR WITNESS; ENACTING A NEW SECTION OF THE CRIMINAL CODE.

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

Section 1. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] EXPEDITED ADJUDICATION OF CERTAIN CRIMINAL CASES--VICTIM OR WITNESS IS LESS THAN SIXTEEN YEARS OF AGE.--

A. The prosecuting attorney and the court shall take all reasonable action to expedite the adjudication of the following criminal cases:

(1) abandonment or abuse of a child, as provided in Section 30-6-1 NMSA 1978, when the victim is less than sixteen years of age;

(2) sexual exploitation of children, as provided in Section 30-6A-3 NMSA 1978, when the victim is less than sixteen years of age;

(3) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978, when the victim is less than sixteen years of age;

(4) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978, when the victim is less than sixteen years of age;

(5) criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978, when the victim is less than sixteen years of age;

(6) aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978, when a child less than sixteen years of age is a witness to the crime;

(7) aggravated assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978, when a child less than sixteen years of age is a witness to the crime; and

(8) aggravated battery against a household member, as provided in Subsection C of Section 30-3-16 NMSA 1978, when a child less than sixteen years of age is a witness to the crime.

B. The presiding court shall give precedence to the criminal cases described in Subsection A of this section, unless the court determines that:

(1) it is not in the best interests of the child to expedite adjudication of the case; or

(2) the defendant in the case is in custody and will remain in custody until the case is adjudicated.

C. When the presiding court is asked to rule on a motion for a continuance in a case described in Subsection A of this section, the court shall consider whether granting a request for a continuance will have an adverse impact on the child.

D. The provisions of this section shall not be interpreted to create a statutory right to a trial within a fixed period of time."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.