AN ACT
RELATING TO CRIMINAL LAW; AMENDING A SECTION OF THE VICTIMS
OF CRIME ACT TO EXPAND THE DEFINITION OF "CRIMINAL OFFENSE" SET FORTH
IN THAT ACT.
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 Subsection B 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;
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
against whom a criminal offense is committed.
"Victim" also means a family member or a victim's
representative when the individual 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 designated by a victim or appointed by the court to act in the best
interests of the victim."
Section 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.