Chapter 31, Chapter 31

A. Where an application is made to the commission pursuant to the Crime Victims Reparation Act, the director of the commission shall determine if a claim for a reparation award is eligible for consideration pursuant to the provisions of the Crime Victims Reparation Act. All claim…

A. The commission may appoint an impartial physician, licensed in New Mexico, to examine any person making an application for reparation under the Crime Victims Reparation Act, and the fees for the examination shall be paid from funds appropriated for the commission's administrat…

A. If a person is injured or killed by an act or omission of another person coming within the criminal jurisdiction of the state after July 1, 1981, which act or omission includes a crime enumerated in Section 31-22-8 NMSA 1978, and upon application for reparation, the commission…

A. The crimes to which the Crime Victims Reparation Act applies and for which reparation to victims may be made are the following enumerated offenses and all other offenses in which any enumerated offense is necessarily included: (1) arson resulting in bodily injury; (2) aggravat…

The commission may order payment of reparation for: A. expenses actually and reasonably incurred as a result of the victim's injury or death; B. loss to the victim of earning power as a result of total or partial incapacity; C. any other pecuniary loss directly resulting from the…

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…

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.

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 proce…

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 con…

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 t…

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 …

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.

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.

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 ci…

agreement notification. A. At any scheduled court proceeding, the court shall inquire on the record whether a victim is present for the purpose of making an oral statement or submitting a written statement respecting the victim's rights enumerated in Section 31-26-4 NMSA 1978. If…

corrections department; children, youth and families department. A. The corrections department or the children, youth and families department shall immediately notify the sentencing judge or the children's court judge, the district attorney of the judicial district from which the…

incarceration; adult parole board; corrections department; procedures when a delinquent child is released from custody; juvenile parole board; children, youth and families department; district attorneys. A. The adult parole board and the children, youth and families department sh…

Nothing in the Victims of Crime Act creates a cause of action on behalf of a person against a public employer, public employee, public agency, the state or any agency responsible for the enforcement of rights or provision of services set forth in that act. History: Laws 1994, ch.…

A person accused or convicted of a crime against a victim shall have no standing to object to any failure by any person to comply with the provisions of the Victims of Crime Act. History: Laws 1994, ch. 144, § 14.

A. The attorney general, in cooperation with the department of public safety and the motor vehicle division of the taxation and revenue department, shall issue an identity theft passport to a person who claims to be a victim of identity theft pursuant to Section 30-16-24.1 NMSA 1…

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 o…

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…

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. notif…

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 ex…

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 un…

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 una…

information; law enforcement agencies. The law enforcement agency that investigates a criminal offense shall: A. inform the victim of medical services and crisis intervention services available to victims; B. provide the victim with the police report number for the criminal offen…

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…

Chapter 31, Article 27 NMSA 1978 may be cited as the "Forfeiture Act". History: Laws 2002, ch. 4, § 1; 2015, ch. 152, § 1.

A. A law enforcement agency that holds seized property shall return the seized property to the owner of the property within a reasonable period of time that does not exceed five days after: (1) a court finds that a person had a bona fide security interest in the property; (2) a c…

A. A law enforcement agency shall not directly or indirectly transfer seized property to a federal law enforcement authority or other federal agency unless: (1) the value of the seized property exceeds fifty thousand dollars ($50,000), excluding the potential value of the sale of…

A. The purposes of the Forfeiture Act are to: (1) make uniform the standards and procedures for the seizure and forfeiture of property subject to forfeiture; (2) protect the constitutional rights of persons whose property is subject to forfeiture and of innocent owners holding in…

As used in the Forfeiture Act: A. "abandoned property": (1) is not subject to the provisions of Section 29-1-14 NMSA 1978; (2) means personal property the rights to which and the control of which an owner has intentionally relinquished; and (3) does not mean real property; B. "ac…

process; without process. A. A person's property is subject to forfeiture pursuant to state law if: (1) the person was arrested for an offense to which forfeiture applies; (2) the person is convicted by a criminal court of the offense; and (3) the state establishes by clear and c…

A. When a law enforcement officer seizes property that is subject to forfeiture, the officer shall provide an itemized receipt to the person possessing the property or, in the absence of a person to whom the receipt could be given, shall leave the receipt in the place where the p…

A. Within thirty days of making a seizure of property or simultaneously upon filing a related criminal indictment, the state shall file a notice of intent to forfeit or return the property to the person from whom it was seized. The notice shall include: (1) a description of the p…

property; constitutionality; appeal. A. A person who claims an interest in seized property shall file a response within thirty days of the date of service of the notice of intent to forfeit. The response shall include facts to support the claimant's alleged interest in the proper…

and abandoned property; proceeds. A. The state acquires provisional title to seized property at the time the property was used or acquired in connection with an offense that subjects the property to forfeiture. Provisional title authorizes the state to hold and protect the proper…

A. The property of an innocent owner, as provided in this section, shall not be forfeited. B. A person who claims to be an innocent owner has the burden of production to show that the person: (1) holds a legal right, title or interest in the property seized; and (2) held an owner…

With regard to seized property in the state courts: A. seized currency alleged to be subject to forfeiture shall be deposited with the clerk of the district court in an interest-bearing account; B. seized property other than currency or real property, not required by federal or s…

A. Within sixty days following the conclusion of each fiscal year, every law enforcement agency shall prepare on a form approved by the department of public safety an annual report of the agency's seizures and forfeitures conducted pursuant to applicable state law, and seizures a…

Chapter 31, Article 28 NMSA 1978 may be cited as the "Crime Reduction Grant Act". History: Laws 2019, ch. 192, § 5; 2022, ch. 56, § 31.

As used in the Crime Reduction Grant Act, "commission" means the New Mexico sentencing commission. History: Laws 2019, ch. 192, § 6; 2023, ch. 60, § 1.

composition; duties. A. A criminal justice coordinating council is created for each judicial district and shall include representation from within the district for: (1) each court in the district; (2) the district attorney; (3) the district public defender office; (4) law enforce…

A. A member of a criminal justice coordinating council with the consent of the council may apply to the commission for a grant to accomplish any of the enumerated purposes provided in Subsection B of this section. B. Crime reduction grants may be made to: (1) develop, expand and …

The commission shall promulgate uniform procedural rules necessary to administer the provisions of the Crime Reduction Grant Act. History: Laws 2019, ch. 192, § 9; 2023, ch. 60, § 4.

The commission shall report to the legislature annually by November 1 of each year regarding the: A. applications for grants made during the previous fiscal year by each criminal justice coordinating council; B. purpose and amount of each grant approved by the commission for each…

The "crime reduction grant fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The commission shall administer the fund, and money in the fund is subject to appropriation to the commission to administer …

This act [31-29-1 to 31-29-16 NMSA 1978] may be cited as the "Uniform Collateral Consequences of Conviction Act". History: Laws 2021, ch. 58, § 1.

A. An individual convicted of an offense may petition for an order of limited relief from one or more collateral sanctions related to employment, education, housing, public benefits or occupational licensing. The petition shall be presented to the sentencing court before sentenci…