Section 31-26-1 – Short title.
Chapter 31, Article 26 NMSA 1978 may be cited as the “Victims of Crime Act”. History: Laws 1994, ch. 144, § 1; 2005, ch. 283, § 2. ANNOTATIONS The 2005 amendment, effective June 17, 2005, added the statutory reference to the act. Law reviews. — For note and comment, “Complying with Nunez: The Necessary Procedure […]
Section 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 to assure 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 […]
Section 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 Subsection B of Section 30-17-5 NMSA 1978; (2) aggravated arson, as provided […]
Section 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 throughout the criminal justice process; D. notification of court proceedings; E. attend all public court proceedings the […]
Section 31-26-5 – Exercise of rights; requirements for victim.
A victim may exercise his rights pursuant to the provisions of the Victims of Crime Act only if he: 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. provides […]
Section 31-26-6 – When rights and duties take effect; termination of rights and duties.
The rights and duties established pursuant to the provisions of the Victims of Crime Act take effect when an individual is formally charged by a district attorney for allegedly committing a criminal offense against a victim. Those rights and duties remain in effect until final disposition of the court proceedings attendant to the charged criminal […]
Section 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 designation of a victim’s representative at any time. B. When a victim is deceased, incompetent or unable to designate a victim’s representative, the court […]