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HOUSE BILL 190
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Dayan Hochman-Vigil
AN ACT
RELATING TO VICTIMS OF CRIME; AMENDING THE VICTIMS OF CRIME ACT
TO INCLUDE BATTERY UPON A HEALTH CARE WORKER AND HUMAN
TRAFFICKING AS APPLICABLE CRIMINAL OFFENSES; ALLOWING A
VICTIM'S REPRESENTATIVE WHO IS AN ATTORNEY AUTHORIZED TO
PRACTICE IN NEW MEXICO TO FILE PLEADINGS AND APPEAR OR
OTHERWISE SPEAK ON BEHALF OF A VICTIM IN COURT PROCEEDINGS;
PROVIDING THAT A NOTICE PERIOD FOR A COURT PROCEEDING THAT IS
SHORTER THAN SEVEN WORKING DAYS IS ALLOWED ONLY WHEN A COURT
FINDS EXCEPTIONAL CIRCUMSTANCES; CREATING A PROCEDURE FOR A
VICTIM TO APPEAL A COURT'S DECISION TO HOLD A HEARING AFTER A
NOTICE PERIOD SHORTER THAN SEVEN WORKING DAYS; CLARIFYING THAT
A COURT SHALL PROVIDE LANGUAGE INTERPRETATION SERVICES AND
OTHER SERVICES NECESSARY FOR A VICTIM TO PARTICIPATE IN A COURT
PROCEEDING; CREATING A PRIVATE CAUSE OF ACTION FOR VIOLATIONS
OF DUTIES OR DEPRIVATION OF RIGHTS PROVIDED IN THE VICTIMS OF
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CRIME ACT; WAIVING SOVEREIGN IMMUNITY; AUTHORIZING THE ATTORNEY
GENERAL TO FILE A PETITION AGAINST THE STATE OR A POLITICAL
SUBDIVISION OF THE STATE TO SEEK CIVIL PENALTIES FOR VIOLATIONS
OF THE VICTIMS OF CRIME ACT; PRESCRIBING CIVIL PENALTIES;
MAKING CONFORMING AMENDMENTS.
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 Paragraph (1) of Subsection [B] G
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
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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;
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(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;
(22) battery upon a health care worker, as
provided in Section 30-3-9.2 NMSA 1978; or
(23) human trafficking, as provided in Section
30-52-1 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 ] a person against
whom a criminal offense is committed. "Victim" also means a
family member or a victim's representative when the
[individual] person against whom a criminal offense was
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committed is a minor, is incompetent or is a homicide victim;
and
G. "victim's representative" means [an individual ]
a person designated by a victim or appointed by the court to
act in the best interests of the victim."
SECTION 2. Section 31-26-7 NMSA 1978 (being Laws 1994,
Chapter 144, Section 7) is amended to read:
"31-26-7. DESIGNATION OR APPOINTMENT OF VICTIM'S
REPRESENTATIVE.--
A. A victim may designate a victim's representative
to exercise all rights provided to the victim pursuant to the
provisions of the Victims of Crime Act. A victim may revoke
[his] the victim's designation of a victim's representative at
any time.
B. [When] If a victim is deceased, incompetent or
unable to designate a victim's representative, [the ] a court
may appoint a victim's representative for the victim. If a
victim regains [his] competency, [he] the victim may revoke
[the] a court's appointment of a victim's representative.
C. [When the] If a victim is a minor, the victim's
parent or grandparent may exercise the victim's rights;
provided that when the person accused of committing the
criminal offense against the victim is the parent or
grandparent of the victim, [the ] a court may appoint a victim's
representative for the victim.
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D. If a victim designates or a court appoints a
victim's representative who is an attorney authorized to
practice in New Mexico, the victim's representative may file
pleadings or appear or otherwise speak on behalf of the victim
in court proceedings. "
SECTION 3. Section 31-26-10 NMSA 1978 (being Laws 1994,
Chapter 144, Section 10) is amended to read:
"31-26-10. PROCEDURES FOR PROVIDING VICTIMS WITH NOTICE
OF A COURT PROCEEDING--COURTS--DISTRICT ATTORNEYS.--
A. A clerk of a court shall provide a district
attorney's office with oral or written notice no later than
seven working days prior to a scheduled court proceeding
attendant to a criminal offense, unless the court finds
exceptional circumstances and determines that a shorter notice
period is reasonable under [the ] those circumstances. The
district attorney's office shall convey the information
concerning the scheduled court proceeding to the victim, as
provided in Subsection B of Section [9 of the Victims of Crime
Act] 31-26-9 NMSA 1978.
B. If a court finds exceptional circumstances and
schedules a court proceeding within a notice period shorter
than seven working days and holds the hearing without a victim
present, the victim may appeal the court's decision to hold the
hearing. An appeal shall be taken de novo, and if the
appellate court finds that exceptional circumstances did not
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exist and a notice period shorter than seven working days was
not required, the court proceeding below and the outcome of
that court proceeding shall be vacated and the court shall be
ordered to reschedule the court proceeding with at least seven
working days' notice."
SECTION 4. Section 31-26-10.1 NMSA 1978 (being Laws 2005,
Chapter 283, Section 1) is amended to read:
"31-26-10.1. CRIME VICTIM PRESENCE AT COURT PROCEEDINGS--
PLEA AGREEMENT NOTIFICATION.--
A. A victim has a right to be present and make a
statement, personally or through the victim's representative,
at all scheduled court proceedings. If a victim requires
language interpretation services or other services necessary
for the victim to observe or participate in a court proceeding,
those services shall be provided by the court.
[A.] B. At any scheduled court proceeding, the
court shall inquire on the record whether a victim is present
for the purpose of making an oral statement or submitting a
written statement respecting the victim's rights enumerated in
Section 31-26-4 NMSA 1978. If the victim is not present, the
court shall inquire on the record whether an attempt has been
made to notify the victim of the scheduled court proceeding.
If the district attorney cannot verify that an attempt has been
made:
(1) the court [shall] may:
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[(1)] (a) reschedule the [hearing ] court
proceeding; or
[(2)] (b) continue with the [hearing ]
court proceeding but reserve ruling until the victim has been
notified and given an opportunity to make a statement; and
[(3)] (2) the court shall order the district
attorney to notify the victim of the [rescheduled hearing ]
court's ruling and the victim's options under the Victims of
Crime Act.
[B.] C. The provisions of this section shall not
limit the district attorney's ability to exercise prosecutorial
discretion on behalf of the state in a criminal case.
[C.] D. The provisions of this section and Section
31-26-10 NMSA 1978 shall not require the court to continue or
reschedule [any proceedings ] a court proceeding if it would
result in a violation of a jurisdictional rule."
SECTION 5. Section 31-26-13 NMSA 1978 (being Laws 1994,
Chapter 144, Section 13) is amended to read:
"31-26-13. DISCLAIMER.--[Nothing in the Victims of Crime
Act creates a cause of action on behalf of a person against a
public employer, public employee, public agency, the state or
any agency responsible for the enforcement of rights or
provision of services set forth in that act. ]
A. A victim may bring an action against the state
or a political subdivision of the state for a violation of
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duties or deprivation of rights provided for in the Victims of
Crime Act and may recover actual damages and be awarded
equitable or injunctive relief. Sovereign immunity shall not
be a defense to an action brought pursuant to this subsection.
B. The attorney general may file a petition against
the state or a political subdivision of the state to seek a
civil penalty for a violation of the Victims of Crime Act. A
civil penalty awarded pursuant to this subsection shall not
exceed five hundred dollars ($500) per violation or five
hundred dollars ($500) per day for an ongoing violation. "
SECTION 6. REPEAL.--Section 31-26-5 NMSA 1978 (being Laws
1994, Chapter 144, Section 5) is repealed.
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