Section 31-25-5 – Interpretation.
The Victim Counselor Confidentiality Act shall not be construed to relieve a victim counselor of a duty to report suspected child abuse or neglect pursuant to Section 32-1-15 NMSA 1978 [repealed], to report any evidence that the victim is about to commit a crime or to limit any testimonial privileges available to any person pursuant […]
Section 31-25-6 – Rules.
The supreme court may adopt rules of procedure and evidence to govern and implement the provisions of the Victim Couselor [Counselor] Confidentiality Act. History: Laws 1987, ch. 349, § 6. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Section 31-22-21 – Crime victims reparation fund created; purposes.
A. There is created in the state treasury the “crime victims reparation fund”. B. Money in the crime victims reparation fund may be expended by the commission to: (1) pay any award of reparation to victims made pursuant to the Crime Victims Reparation Act; (2) pay costs and expenses including staff salaries and expenses incurred […]
Section 31-22-22 – Distribution of money received as result of crime; escrow account.
A. Every firm, person, corporation, association or other legal entity contracting with a person or the representative or assignee of any person charged or convicted of a violent crime in this state, with respect to the reenactment of the crime in a movie, book, magazine article, tape recording, phonograph record, radio or television presentation or […]
Section 31-22-13 – Terms of order.
Any order for the payment of reparation under the Crime Victims Reparation Act may be made on such terms as the commission deems appropriate. The order may provide for apportionment of reparation or for the holding of reparation or any part thereof in trust and for the payment of reparation in a lump sum or […]
Section 31-22-14 – Limitations on award; collateral recovery; preliminary award.
A. No order for the payment of reparation shall be made unless application has been made within two years after the date of the injury or death and the injury or death was the result of a crime enumerated in Section 31-22-8 NMSA 1978. An application for reparation shall be made within two years after […]
Section 31-22-15 – Exemption from execution.
No reparation payable under the Crime Victims Reparation Act shall be, prior to its actual receipt by the victim or dependents entitled thereto or their legal representatives, assignable or subject to garnishment, execution, attachment or other process whatsoever, including process to satisfy an order or judgment for support or alimony. History: Laws 1981, ch. 325, […]
Section 31-22-16 – Survival or abatement.
The rights to reparation created by the Crime Victims Reparation Act are personal and shall not survive the death of the victim or dependents entitled thereto; provided that if such death occurs after an application for reparation has been filed with the commission, the proceeding shall not abate, but may be continued by the legal […]
Section 31-22-17 – Rule-making powers.
In performance of its functions the commission may adopt, amend and repeal rules and regulations in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], not inconsistent with the Crime Victims Reparation Act, prescribing procedures to be followed in the filing of applications and the proceedings under the Crime Victims Reparation Act […]
Section 31-22-18 – Confidentiality of records, reports and claim files.
Any record or report acquired by the commission, the confidentiality of which is protected by law, rule or regulation, shall be disclosed only under the same terms and conditions which protected its confidentiality prior to such acquisition. The claim file, which contains confidential reports, records and personal information, shall not be released. History: Laws 1981, […]