Section 38-6A-9 – Uniformity of application and construction.
In applying and construing the Uniform Child Witness Protective Measures Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2011, ch. 98, § 9. ANNOTATIONS Effective dates. — Laws 2011, ch. 98, § 11 made the Uniform […]
Section 38-6A-7 – Order regarding testimony by alternative method.
A. An order allowing or disallowing a child witness to testify by an alternative method shall state the findings of fact and conclusions of law that support the presiding officer’s determination. B. An order allowing a child witness to testify by an alternative method shall: (1) state the method by which the child is to […]
Section 38-6A-8 – Right of party to examine child witness.
An alternative method ordered by the presiding officer shall permit a full and fair opportunity for examination or cross-examination of the child witness by each party, subject to such protection of the child witness as the presiding officer deems necessary. History: Laws 2011, ch. 98, § 8. ANNOTATIONS Effective dates. — Laws 2011, ch. 98, […]
Section 38-6A-1 – Short title.
This act [38-6A-1 to 38-6A-9 NMSA 1978] may be cited as the “Uniform Child Witness Protective Measures Act”. History: Laws 2011, ch. 98, § 1. ANNOTATIONS Effective dates. — Laws 2011, ch. 98, § 11 made the Uniform Child Witness Protective Measures Act effective July 1, 2012. Severability. — Laws 2011, ch. 98, § 10 […]
Section 38-6A-2 – Definitions.
As used in the Uniform Child Witness Protective Measures Act: A. “alternative method” means: (1) in a criminal proceeding in which a child witness does not give testimony in an open forum in full view of the finder of fact, a videotaped deposition of the child witness that complies with the following requirements: (a) the […]
Section 38-6A-3 – Applicability.
A. The Uniform Child Witness Protective Measures Act applies to the testimony of a child witness in a criminal or noncriminal proceeding. However, the Uniform Child Witness Protective Measures Act does not preclude, in a criminal or noncriminal proceeding, any other procedure permitted by law: (1) for a child witness to testify by an alternative […]
Section 38-6A-4 – Hearing whether to allow testimony by alternative method.
A. The presiding officer in a criminal or noncriminal proceeding may order a hearing to determine whether to allow a child witness to testify by an alternative method. The presiding officer, for good cause shown, shall order the hearing upon motion of a party, a child witness or an individual determined by the presiding officer […]
Section 38-6A-5 – Standards for determining whether a child witness may testify by alternative method.
A. In a criminal proceeding, the presiding officer may allow a child witness to testify by an alternative method in the following situations: (1) the child may testify otherwise than in an open forum in the presence and full view of the finder of fact upon a showing that the child witness may be unable […]
Section 38-6A-6 – Factors for determining whether to permit alternative method.
If the presiding officer determines that a standard pursuant to Section 5 [38-6A-5 NMSA 1978] of the Uniform Child Witness Protective Measures Act has been met, the presiding officer shall determine whether to allow a child witness to testify by an alternative method and in doing so shall consider: A. alternative methods reasonably available for […]