New Mexico 2025 Regular Session

New Mexico House Bill HB204 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 204
29	29	57
30	30	TH LEGISLATURE
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
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45	45	2025
46	46	INTRODUCED BY
47	47	Meredith A. Dixon and Andrea Reeb
48	48	AN ACT
49	49	RELATING TO CRIMINAL PROCEDURE; PROVIDING FOR THE RIGHT TO
50	50	REFUSE PRETRIAL STATEMENTS OR INTERVIEWS BY A CHILD VICTIM,
51	51	CHILD WITNESS AND ADULT VICTIM; PROVIDING PROCEDURES.
52	52	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
53	53	SECTION 1. A new section of the Victims of Crime Act is
54	54	enacted to read:
55	55	"[NEW MATERIAL] RIGHT TO REFUSE PRETRIAL STATEMENT OR
56	56	INTERVIEW--PROCEDURES.--
57	57	A. A child victim or child witness in a criminal
58	58	proceeding shall not be compelled to give a pretrial statement
59	59	or interview. As used in this section, "child" means a person
60	60	under the age of eighteen at the time of the requested pretrial
61	61	statement or interview.
62	62	B. An adult victim shall have the right to refuse a
63	63	.229470.1SA underscored material = new
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90	90	pretrial statement or interview conducted or initiated by a
91	91	party in a criminal proceeding. If an adult victim declines to
92	92	be interviewed or places limits on the scope of questioning
93	93	during an interview pursuant to Subsection D of this section, a
94	94	party may petition the court for approval of written
95	95	interrogatories that shall be asked of the victim by an
96	96	individual trained in forensic interviews, including a law
97	97	enforcement officer, in a recorded interview at which the
98	98	parties shall not be present but may observe remotely. The
99	99	court shall deny interrogatories that are not material to the
100	100	party's preparation for trial or that duplicate questions
101	101	previously answered by the victim in a statement that has been
102	102	made available to the parties. The court may modify
103	103	interrogatories in a manner that protects the victim's health,
104	104	safety and privacy; provided that the modification does not
105	105	substantially diminish a party's access to material information
106	106	that is not contained in a previous interview.
107	107	C. The defendant shall not initiate contact with
108	108	the victim except through the prosecutor's office. The
109	109	prosecutor's office shall promptly inform the victim of the
110	110	defendant's request for an interview and shall advise the
111	111	victim of the victim's right to refuse the interview. The
112	112	prosecutor's office shall not notify the defendant of the
113	113	victim's address, telephone number, location or any other
114	114	personally identifiable information unless it is ordered to do
115	115	.229470.1SA
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143	143	so by a court upon a showing of compelling need for the
144	144	information.
145	145	D. When an adult victim consents to an interview,
146	146	the prosecutor's office shall inform the defendant of the time,
147	147	place and manner the adult victim has selected for the
148	148	interview. If the adult victim wishes to impose other
149	149	conditions on the interview, the prosecutor's office shall
150	150	inform the defendant of the conditions. The victim shall have
151	151	the right to have an advocate present at the interview, to
152	152	terminate the interview at any time or to refuse to answer any
153	153	questions during the interview. At the request of the victim,
154	154	the prosecutor shall have authority to protect the victim from
155	155	harassment, intimidation or abuse during the interview and may
156	156	seek a protective order. All parties participating in the
157	157	interview shall respect the victim's health, privacy and
158	158	dignity.
159	159	E. Unless otherwise directed by the victim and
160	160	except as provided in Subsection B of this section, the
161	161	prosecutor may attend all interviews. If the prosecutor is not
162	162	in attendance, the prosecutor may request a copy of an
163	163	interview transcript at the prosecutor's expense.
164	164	F. The defendant shall not comment on the victim's
165	165	refusal to undergo an interview during trial. If such comment
166	166	is made, the judge shall instruct the jury that the victim has
167	167	the right to refuse an interview."
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