New Mexico House Bill HB173

New Mexico 2023 Regular Session

• Introduced: 1/24/23
• Report Pass: 2/7/23
• Report Pass: 2/27/23
• Engrossed: 3/1/23

Caption

Child Forensic Interviews

Impact

The legislation seeks to create more accommodating procedures for vulnerable witnesses, particularly children and individuals deemed incapacitated. By permitting alternative methods of testimony, such as closed-circuit television or videotaped depositions, the bill aims to reduce potential emotional and psychological harm to these witnesses during trial proceedings. It serves to balance the need for collecting evidence while protecting the rights and well-being of those who may be traumatized by giving testimony in open court. This shift is expected to enhance the judicial process by making it more accessible and less intimidating for those who might struggle with traditional testimony formats.

Summary

House Bill 173, titled the Child and Adjudicated Incapacitated Adult Witness Protective Measures Act, introduces significant amendments to existing legislation concerning how child witnesses and adjudicated incapacitated adults may give testimony in both criminal and noncriminal proceedings. The bill updates the existing Uniform Child Witness Protective Measures Act to expand its applicability to include adjudicated incapacitated adults, thereby recognizing the unique challenges they face in legal settings. Furthermore, the bill allows victims the right to refuse to provide pretrial statements or interviews if they have previously given a recorded statement in a forensic interview or in-court testimony regarding the same offense.

Contention

Despite the bill's supportive intent, some points of contention might arise regarding the balance between witness protection and the rights of the accused. Critics may argue that allowing testimony via alternate methods could impede the defendant's ability to confront their accusers effectively. There may be concerns about the definitions of trustworthiness and the standards required for admitting forensic interviews as evidence during trials. As the bill aims to modify significant protocols in how vulnerable witnesses provide testimony, discussions regarding maintaining fair trial rights will likely be necessary to ensure a just process.