HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILLS 356 & 578

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

AN ACT

RELATING TO EMPLOYMENT LAW; REQUIRING EMPLOYERS TO PROVIDE LEAVE TO CRIME VICTIMS TO ATTEND JUDICIAL PROCEEDINGS.

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

     Section 1. LEAVE FOR CRIME VICTIMS.--

          A. Subject to Subsection B of this section, an employer shall provide paid or unpaid leave to an employee who is a crime victim to attend any judicial proceeding that relates to a crime committed against the victim.

          B. An employer may require that a request for leave pursuant to this section be supported by satisfactory evidence and the employee shall provide, in a timely manner, satisfactory evidence to the employer.

          C. For purposes of this section:

                (1) "crime victim" means:

                     (a) a person against whom a criminal offense is committed; or

                     (b) a family member or a victim's representative when the crime victim is a minor, incompetent or a homicide victim;

                (2) "employer" means any person employing four or more persons and any person acting for an employer; and

                (3) "satisfactory evidence" includes any police, court or official records or reports concerning a crime committed against the victim.

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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