SENATE BILL 36

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Michael Padilla

 

 

 

 

 

AN ACT

RELATING TO COURTS; ALLOWING REMOTE TESTIMONY IN CERTAIN CIRCUMSTANCES.

 

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

     SECTION 1. A new section of the Victims of Crime Act is enacted to read:

     "[NEW MATERIAL] REMOTE VIDEO TESTIMONY AND MEASURES TO AMELIORATE TESTIMONY-INDUCED TRAUMA.--

          A. Upon motion of a party or the trial court's own motion, the court may permit a child or adjudicated incapacitated adult to testify at a preliminary examination or a criminal trial by remote video means if the court makes a case-specific finding of necessity for the protection of the witness's welfare that includes a finding that:

                (1) the child or adjudicated incapacitated adult, if required to testify in person, would be traumatized by the presence of the defendant;

                (2) the level of emotional distress the child or adjudicated incapacitated adult would suffer from in-person testimony is significant; and

                (3) the trauma suffered from in-person testimony would impair the child or adjudicated adult's ability to communicate.

          B. A finding of necessity may be made without a psychological evaluation of the child or adjudicated incapacitated adult. If the court deems a psychological evaluation essential to the question of necessity, the court shall order an independent evaluation by a court-appointed qualified mental health professional; provided that if the child or adjudicated incapacitated adult has already received a psychological evaluation, the court shall rely solely on the existing evaluation unless the examining mental health professional is unavailable to appear in court or the existing evaluation provides insufficient information upon which to make a determination on the question of necessity. In making a ruling pursuant to this section, the court shall consider that psychological evaluations, in themselves may cause trauma to the child or adjudicated adult and the court shall not consider an independent psychological evaluation by an expert hired by a party. This provision shall not be interpreted to limit the defendant's right to confront an examining mental health professional or to hire an expert to review and testify about any psychological evaluation relied upon by the court."

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