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HOUSE BILL 445
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Nicole Chavez and Antonio Maestas
AN ACT
RELATING TO VICTIMS OF CRIME; EXPANDING THE APPLICATION OF THE
VICTIMS OF CRIME ACT; REMOVING THE DEFINITION OF AND REFERENCES
TO "CRIMINAL OFFENSE"; REDEFINING "VICTIM" TO INCLUDE PERSONS
DIRECTLY AND PROXIMATELY HARMED BY ALL CRIME RESULTING IN
BODILY HARM OR LOSS OF OR DAMAGE TO THE PERSON'S PROPERTY;
DEFINING "OFFENDER"; REDEFINING "FORMALLY CHARGED" TO INCLUDE
THE FILING OF A CRIMINAL COMPLAINT; PROVIDING THAT VICTIMS'
RIGHTS INCLUDE THE RIGHT TO NOTICE OF AN OFFENDER'S RELEASE
PRE- AND POST-CONVICTION; PROVIDING THAT THE RIGHTS AND DUTIES
OF LAW ENFORCEMENT AGENCIES TAKE EFFECT WHEN A VICTIM REPORTS A
CRIMINAL OFFENSE; PROVIDING THAT LAW ENFORCEMENT INVESTIGATING
A CRIMINAL OFFENSE AGAINST A VICTIM SHALL TREAT THE VICTIM WITH
FAIRNESS AND RESPECT THE VICTIM'S DIGNITY AND PRIVACY AND SHALL
TAKE REASONABLE STEPS TO PROVIDE FOR THE VICTIM'S PROTECTION;
REQUIRING THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE
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COURTS, THE CORRECTIONS DEPARTMENT AND EACH BOARD OF COUNTY
COMMISSIONERS TO ESTABLISH AND MAINTAIN ELECTRONIC NOTIFICATION
SYSTEMS FOR VICTIMS IN ACCORDANCE WITH THE VICTIMS OF CRIME
ACT; MAKING CONFORMING AMENDMENTS; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 31-26-2 NMSA 1978 (being Laws 1994,
Chapter 144, Section 2) is amended to read:
"31-26-2. PURPOSE OF ACT.--Recognizing the state's
concern for victims of crime, [it is ] the purpose of the
Victims of Crime Act is to [assure] ensure that:
A. the full impact of a crime is brought to the
attention of a court;
B. victims [of violent crimes ] are treated with
dignity, respect and sensitivity at all stages of the criminal
justice process;
C. victims' rights are protected by law enforcement
agencies, prosecutors and judges as vigorously as are the
rights of criminal defendants; and
D. the provisions of Article 2, Section 24 of the
constitution of New Mexico are implemented in statute."
SECTION 2. 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:
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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 Subsection B 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
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;
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(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;
(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;
C.] B. "court proceeding" means a hearing, argument
or other action scheduled by and held before a court;
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[D.] C. "family member" means a spouse, child,
sibling, parent or grandparent;
[E.] D. "formally charged" means the filing of a
criminal complaint, an indictment [the filing of a ] or criminal
information [pursuant to a bind-over order, the filing of a
petition or the setting of a preliminary hearing ];
E. "offender" means a person accused of, charged
with or convicted for committing a crime against a victim;
F. "victim" means [an individual against whom a
criminal offense is committed. "Victim" also means a family
member or a victim's representative when the individual against
whom a criminal offense was committed is a minor, is
incompetent or is a homicide victim ] a person directly and
proximately harmed by the commission of a crime enumerated in
Article 2, Section 24 of the constitution of New Mexico or a
crime that resulted in or involved the threat of death, bodily
harm, any form of sexual battery, mental anguish or damage to
property in excess of one thousand dollars ($1,000) and
includes a family member of a person deceased due to homicide ;
and
G. "victim's representative" means an [individual ]
independent person designated by a victim or appointed by the
court to act in the best interests of the victim."
SECTION 3. Section 31-26-4 NMSA 1978 (being Laws 1994,
Chapter 144, Section 4, as amended) is amended to read:
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"31-26-4. VICTIM'S RIGHTS.--A victim shall have the right
to:
A. be treated with fairness and respect for the
victim's dignity and privacy throughout the criminal justice
process;
B. timely disposition of the case;
C. be reasonably protected from [the accused ] an
offender throughout the criminal justice process;
D. [notification] receive notice of court
proceedings attendant to the charge against the offender ;
E. attend all public court proceedings [the
accused] an offender has the right to attend;
F. confer with the prosecution;
G. make a statement to the court at sentencing and
at any post-sentencing [hearings ] court proceedings for [the
accused] an offender;
H. restitution from the person convicted of the
criminal offense that caused the victim's loss or injury;
I. information about the conviction, sentencing,
imprisonment, escape or release of [the accused ] an offender
and electronic notice when an offender is released from a jail,
prison or lockup pre- and post-conviction ;
J. have the prosecuting attorney notify the
victim's employer, if requested by the victim, of the necessity
of the victim's cooperation and testimony in a court proceeding
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that may [necessitate the absence of ] require the [victim]
victim's absence from work [for good cause ];
K. promptly retake possession of a residence or
other real property that was subject to a law enforcement
investigation of a crime after completion of the investigation
and to receive assistance for crime scene cleanup and
professional biological hazard services;
[K.] L. promptly receive any personal property
belonging to the victim that is being held for evidentiary
purposes by a law enforcement agency or the prosecuting
attorney, unless there are compelling evidentiary reasons for
retention of the victim's property;
[L.] M. be informed by the [court at ] prosecution
prior to a sentencing proceeding that [the ] an offender is
eligible to earn meritorious deductions from the offender's
sentence and the amount of meritorious deductions that may be
earned by the offender; and
[M.] N. be notified by the [district attorney ]
prosecution of the availability of and procedures to apply for
crime victims reparation as provided in the Crime Victims
Reparation Act."
SECTION 4. Section 31-26-5 NMSA 1978 (being Laws 1994,
Chapter 144, Section 5) is amended to read:
"31-26-5. EXERCISE OF RIGHTS--REQUIREMENTS FOR
VICTIM.--A victim may exercise [his ] the victim's rights
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pursuant to the provisions of the Victims of Crime Act [only ]
if [he] the victim:
[A. reports the criminal offense within five days
of the occurrence or discovery of the criminal offense, unless
the district attorney determines that the victim had a
reasonable excuse for failing to do so;
B.] A. provides the district attorney with current
and updated information regarding the victim's name, address,
email address and telephone number; and
[C. fully] B. cooperates with and [fully ] responds
to reasonable requests made by law enforcement agencies and
district attorneys."
SECTION 5. Section 31-26-6 NMSA 1978 (being Laws 1994,
Chapter 144, Section 6) is amended to read:
"31-26-6. WHEN RIGHTS AND DUTIES TAKE EFFECT--TERMINATION
OF RIGHTS AND DUTIES.--
A. The rights and duties related to law enforcement
agencies established pursuant to Section 31-26-8 NMSA 1978
shall take effect when a criminal offense is committed.
B. The rights and duties relating to district
attorneys and courts established pursuant to the provisions of
the Victims of Crime Act, except for those established pursuant
to Section 31-26-8 NMSA 1978, shall take effect when an
[individual] offender is formally charged [by a district
attorney] for [allegedly] committing a criminal offense against
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a victim. Those rights and duties remain in effect until final
disposition of the court proceedings attendant to the [charged
criminal offense] charge against an offender ."
SECTION 6. 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 court may
appoint a victim's representative for the victim. If a victim
regains [his] competency, [he] the victim may revoke the
court's appointment of [a ] the victim's representative.
C. [When the] If a victim is a minor, the victim's
parent, [or] grandparent or guardian may exercise the victim's
rights on the victim's behalf ; provided that when the [person
accused of committing the criminal offense against the victim ]
offender is the victim's parent, [or] grandparent [of the
victim] or guardian, the court may appoint a victim's
representative for the victim.
D. If a victim's representative is designated or
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appointed, the victim's representative shall notify the
district attorney, court and counsel for the offender of the
designation or appointment but is not a party to the case. "
SECTION 7. Section 31-26-8 NMSA 1978 (being Laws 1994,
Chapter 144, Section 8) is amended to read:
"31-26-8. [PROCEDURES FOR PROVIDING VICTIMS WITH
PRELIMINARY INFORMATION ] DUTIES OF LAW ENFORCEMENT AGENCIES.--
The law enforcement agency that investigates a criminal offense
against a victim shall:
A. treat the victim with fairness and respect the
victim's dignity and privacy;
B. provide the victim with all available
information regarding the investigation, including the name of
the offender, unless releasing such information would impede an
ongoing investigation;
C. take reasonable steps to provide for the
victim's protection from the offender;
[A.] D. inform the victim of medical services and
crisis intervention services available to victims;
[B.] E. provide the victim with the police report
number for the criminal offense and a copy of the following
statement: "If within thirty days you are not notified of an
arrest in your case, you may call (telephone number for the law
enforcement agency) to obtain information on the status of your
case."; and
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[C.] F. provide the victim with the name of the
district attorney for the judicial district in which the
criminal offense was committed and the address, email address
and telephone number for that district attorney's office."
SECTION 8. Section 31-26-9 NMSA 1978 (being Laws 1994,
Chapter 144, Section 9, as amended) is amended to read:
"31-26-9. PROCEDURES FOR PROVIDING VICTIMS WITH NOTICE OF
RIGHTS AND INFORMATION REGARDING PROSECUTION OF [A CRIMINAL
OFFENSE] AN OFFENDER--DISTRICT ATTORNEYS.--
A. Within seven working days after a district
attorney files a formal charge against [the accused for a
criminal offense] an offender, the district attorney shall
provide the victim [of the criminal offense ] with:
(1) a copy of Article 2, Section 24 of the
constitution of New Mexico, regarding victims' rights;
(2) a copy of the Victims of Crime Act;
(3) a copy of the charge filed against the
[accused for the criminal offense ] offender;
(4) a clear and concise statement of the
procedural steps generally involved in prosecuting a criminal
offense; and
(5) the name of a person within the district
attorney's office whom the victim may contact for additional
information regarding prosecution of the [criminal offense ]
offender.
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B. The district attorney's office shall provide the
victim with [oral or written notice, in a timely fashion, of a
scheduled court proceeding attendant to the criminal offense ]
information about and assistance with signing up for electronic
notifications of court proceedings regarding the case against
the offender."
SECTION 9. 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 ]--ELECTRONIC
NOTIFICATIONS.--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 a shorter notice period
is reasonable under the 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 ]
A. enter all notices for court proceedings into the
electronic notification system established by the
administrative office of the courts; and
B. provide a victim with electronic notification of
a court hearing when it is scheduled and again before the court
proceeding."
SECTION 10. Section 31-26-11 NMSA 1978 (being Laws 1994,
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Chapter 144, Section 11, as amended) is amended to read:
"31-26-11. PROCEDURES WHEN AN INMATE OR DELINQUENT CHILD
ESCAPES--CORRECTIONS DEPARTMENT--CHILDREN, YOUTH AND FAMILIES
DEPARTMENT.--[A.] The corrections department or the children,
youth and families department shall immediately notify the
[sentencing judge or the children's court judge, the district
attorney of the judicial district from which the inmate or
delinquent child was committed and the probation officer who
authored the presentence report when an inmate or delinquent
child] victim if an offender :
[(1)] A. escapes from a correctional facility or
juvenile justice facility [under the jurisdiction of the
corrections department or the children, youth and families
department]; or
[(2) convicted in New Mexico of a capital, first
degree or second degree felony and ]
B. was transferred to a facility under the
jurisdiction of another state and escapes from that facility.
[B. The district attorney shall immediately notify
any person known to reside in his district who was a victim of
the criminal or delinquent offense for which the inmate or
delinquent child was committed. ]"
SECTION 11. Section 31-26-12 NMSA 1978 (being Laws 1994,
Chapter 144, Section 12, as amended) is amended to read:
"31-26-12. PROCEDURES WHEN AN INMATE IS RELEASED FROM
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INCARCERATION--ADULT PAROLE BOARD--CORRECTIONS DEPARTMENT--
PROCEDURES WHEN A DELINQUENT CHILD IS RELEASED FROM CUSTODY--
[JUVENILE PAROLE BOARD ] CHILDREN, YOUTH AND FAMILIES
DEPARTMENT--DISTRICT ATTORNEYS.--
A. A county jail shall notify a victim before an
offender's release.
[A.] B. The adult parole board [and ] or the
children, youth and families department shall [provide a copy
of their respective regular release dockets to each district
attorney in the state at least ten working days before the
docket is considered. The district attorney shall notify any
person known to reside in the district who was a victim of the
criminal offense for which the inmate was incarcerated or the
delinquent child was committed .
B. The adult parole board or the children, youth
and families department shall provide a copy of a supplemental,
addendum or special docket to each district attorney at least
five working days before the release docket is considered ]
notify a victim as soon as practicable before an offender's
release is considered .
C. Following consideration of [a release docket ] an
offender's release by the adult parole board or the children,
youth and families department, the board and department shall
promptly notify [each district attorney ] a victim of
recommendations for release of [an inmate from incarceration or
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a delinquent child from custody. The district attorney shall
notify any person known to reside in the district attorney's
district who was a victim of the criminal offense for which the
inmate was incarcerated or the delinquent child was committed ]
the offender.
D. In the case of an [inmate ] offender scheduled to
be released from incarceration or commitment without parole or
prior to parole for any reason, [or a delinquent child
scheduled to be released from custody ] the corrections
department or the children, youth and families department shall
notify [each district attorney at least fifteen working days
before the inmate's or delinquent child's release. The
district attorney shall notify any person known to reside in
the district who was a victim of the criminal offense for which
the inmate was incarcerated or the delinquent child was
committed] the victim immediately ."
SECTION 12. Section 31-26-14 NMSA 1978 (being Laws 1994,
Chapter 144, Section 14) is amended to read:
"31-26-14. EFFECT OF NONCOMPLIANCE.--[A person accused or
convicted of a crime against a victim ] An offender shall not
have [no] standing to object to [any ] a failure by [any] the
state, a political subdivision of the state or a person to
comply with the provisions of the Victims of Crime Act."
SECTION 13. Section 31-26-15 NMSA 1978 (being Laws 2009,
Chapter 95, Section 4) is amended to read:
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"31-26-15. IDENTITY THEFT PASSPORT--DATABASE.--
A. The attorney general, in cooperation with the
department of public safety and the motor vehicle division of
the taxation and revenue department, shall issue an identity
theft passport to a person who claims to be a victim of
identity theft pursuant to Section 30-16-24.1 NMSA 1978 and who
provides to the attorney general:
(1) a certified copy of a court order obtained
pursuant to Section [5 of this 2009 act ] 31-26-16 NMSA 1978 or
a full set of fingerprints;
(2) a driver's license or other government-
issued identification or record; and
(3) other information as required by the
attorney general.
B. An identity theft passport shall contain a
picture of the person to whom it was issued and other
information as the attorney general deems appropriate.
C. The attorney general may enter into a memorandum
of understanding with the motor vehicle division of the
taxation and revenue department for the development and
issuance of a secure form of identity theft passport. When an
identity theft passport is issued, the motor vehicle division
shall note on the person's driver record that an identity theft
passport has been issued.
D. An [identify] identity theft passport shall be
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accepted as evidence of identity by law enforcement officers
and others who may challenge the person's identity.
E. The attorney general shall maintain a database
of identity theft victims who have reported to a law
enforcement agency or have been issued an identity theft
passport. The attorney general may provide access to the
database only to criminal justice agencies. For purposes of
identification and authentication, the attorney general may
allow access to specific information about a person who has
become a victim of identity theft to that person or to that
person's authorized representative.
F. The attorney general shall keep on file each
application for an identity theft passport and each police
report of identity theft submitted by a law enforcement agency.
G. The attorney general shall prepare and make
available to local law enforcement agencies and to the general
public an information packet that includes information on how
to prevent and stop identity theft."
SECTION 14. A new section of the Victims of Crime Act is
enacted to read:
"[NEW MATERIAL] ELECTRONIC NOTIFICATION SYSTEM FOR VICTIMS
OF CRIME.--
A. As used in this section, "electronic
notification" means an automated communication received by
email, phone call or text message.
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B. The director of the administrative office of the
courts, each board of county commissioners and the corrections
department shall establish and maintain separate electronic
notification systems to provide notice to victims in accordance
with the Victims of Crime Act.
C. The electronic notification systems established
pursuant to Subsection B of this section shall:
(1) be an optional service for a victim; and
(2) integrate information maintained by the
administrative office of the courts, each board of county
commissioners and the corrections department."
SECTION 15. A new section of the Victims of Crime Act is
enacted to read:
"[NEW MATERIAL] VICTIMS OF CRIME ASSISTANCE FUND
CREATED.--
A. The "victims of crime assistance fund" is
created as a nonreverting fund in the state treasury. The fund
consists of appropriations, gifts, grants, donations and income
from investment of the fund.
B. The state department of justice shall administer
the fund, and money in the fund is appropriated to the state
department of justice to contract for services to assist
victims with crime scene cleanup and professional biological
hazard services; provided that such assistance may be rendered
only after a state or local police department, county sheriff
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or district attorney certifies in writing that the victim
qualifies for such assistance in accordance with the Victims of
Crime Act and the rules of the state department of justice.
C. Expenditures from the fund shall be made by
warrant of the secretary of finance and administration pursuant
to vouchers signed by the attorney general or the attorney
general's authorized representative."
SECTION 16. APPROPRIATIONS.--
A. The following amounts are appropriated from the
general fund for expenditure in fiscal year 2026, and any
unexpended or unencumbered balances remaining at the end of
fiscal year 2026 shall revert to the general fund:
(1) one million dollars ($1,000,000) to the
administrative office of the courts to establish and maintain
an electronic notification system to provide notice of court
proceedings pursuant to the provisions of the Victims of Crime
Act;
(2) five hundred thousand dollars ($500,000)
to the local government division of the department of finance
and administration for the boards of county commissioners to
establish and maintain an electronic notification system
pursuant to the provisions of the Victims of Crime Act; and
(3) five hundred thousand dollars ($500,000)
to the corrections department to establish and maintain an
electronic notification system to provide notice to victims
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[bracketed material] = delete
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pursuant to the provisions of the Victims of Crime Act.
B. Five hundred thousand dollars ($500,000) is
appropriated from the general fund to the victims of crime
assistance fund for expenditure in fiscal year 2026 and
subsequent fiscal years to contract for services to assist
victims with crime scene cleanup and professional biological
hazard services. Any unexpended or unencumbered balance
remaining at the end of a fiscal year shall not revert to the
general fund.
SECTION 17. REPEAL.--Section 31-26-10.1 NMSA 1978 (being
Laws 2005, Chapter 283, Section 1) is repealed.
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