Section 31-26-9 – Procedures for providing victims with notice of rights and information regarding prosecution of a criminal offense; district attorneys.
A. Within seven working days after a district attorney files a formal charge against the accused for a criminal offense, 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 […]
Section 31-26-10 – Procedures for providing victims with notice of a court proceeding; courts; district attorneys.
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 […]
Section 31-22-23 – Authority to compel production.
The commission has the power to compel the production of books, records and papers pertinent to any investigation or hearing authorized by the Crime Victims Reparation Act and can seek enforcement of any subpoena so issued through the district court in the county in which the custodian of the document is located to be held […]
Section 31-22-24 – Repealed.
History: Laws 1993, ch. 207, § 10; 2000, ch. 4, § 3; repealed by Laws 2005, ch. 208, § 27. ANNOTATIONS Repeals. — Laws 2005, ch. 208, § 27 repealed 31-22-24 NMSA 1978, as enacted by Laws 1993, ch. 207, § 10, relating to termination of the crime victims reparation commission, effective June 17, 2005. […]
Section 31-23-1 – Civil action; crime; damages; immunity.
No person shall be liable to a plaintiff in any civil action for damages if by a preponderance of the evidence the damages were incurred as a consequence of: A. the commission, attempted commission or flight subsequent to the commission of a crime by the plaintiff; and B. the use of force or deadly force […]
Section 31-24-1 to 31-24-7 – Repealed.
ANNOTATIONS Repeals. — Laws 1994, ch. 144, § 15 repealed 31-24-1 to 31-24-7 NMSA 1978, as enacted by Laws 1989, ch. 210, §§ 2, 3 and Laws 1987, ch. 19, §§ 1-7, relating to crime victims’ and witnessess’ bill of rights, effective January 1, 1995. For provisions of former sections, see the 1993 NMSA 1978 […]
Section 31-25-1 – Short title.
This act [31-25-1 to 31-25-6 NMSA 1978] may be cited as the “Victim Counselor Confidentiality Act”. History: Laws 1987, ch. 349, § 1.
Section 31-25-2 – Definitions.
As used in the Victim Counselor Confidentiality Act: A. “confidential communication” means any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor’s treatment of […]
Section 31-25-3 – Confidential communications; information; privileged.
A. A victim, a victim counselor without the consent of the victim or a minor or incapacitated victim without the consent of a custodial guardian or a guardian ad litem appointed upon application of either party shall not be compelled to provide testimony or to produce records concerning confidential communications for any purpose in any […]
Section 31-25-4 – Waiver.
A. A victim does not waive the protections afforded by the Victim Counselor Confidentiality Act by testifying in court about the crime; provided that if the victim partially discloses the contents of a confidential communication in the course of his testimony, then either party to the action may request the court to rule that justice […]