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Home » US Law » 2021 New Mexico Statutes » Chapter 31 - Criminal Procedure » Article 25 - Victim Counselor Confidentiality

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 […]

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relieve a victim counselor of a duty to report suspected child abuse or neglect pursuant to Section 32-1-15 NMSA 1978 [repealed], to report any evidence that the victim is about to commit a crime or to limit any testimonial privileges available to any person pursuant […]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.