HOUSE BILL 232

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Mimi Stewart

AN ACT

RELATING TO VICTIM RIGHTS; CLARIFYING AND EXPANDING A DEFINITION.

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 criminal complaint for a misdemeanor enumerated in Subsection B of this section, 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."

- 3 -