New Mexico Crime Victims’ Rights
31-26-2. Purpose of act. Recognizing the state’s concern for victims of crime, it is the purpose of the Victims of Crime Act to ensure that:
- The full impact of a crime is brought to the attention of a court.
- Victims of violent crimes are treated with dignity, respect, and sensitivity at all stages of the criminal justice process;
- Victims’ rights are protected by law enforcement agencies, prosecutors, and judges as vigorously as are the rights of criminal defendants; and
- The provisions of Article 2. Section 24 of the constitution of New Mexico is implemented in statute.
- Be treated with fairness and respect
- Timely disposition of the case
- Be reasonably protected from the accused throughout the criminal justice process
- Notification of court proceedings
- To attend any public court proceedings, the accused has the right to attend
- Confer with the prosecution
- Make a statement to the court at sentencing and any post-sentencing hearings for the accused
- Restitution from the person convicted of the criminal offense that caused the victim's loss or injury
- Information about the conviction; sentencing; imprisonment escape or release of the accused;
- Have the prosecuting attorney notify the victim’s employer,
- If requested by the victim, of the necessity of the victim’s cooperation and testimony in a court proceeding that may necessitate the absence from work for good cause;
- Return of evidence belonging to the victim;
- Be informed by the court at a sentencing proceeding that the Offender is eligible to earn meritorious deductions from the offender’s sentence and the amount of meritorious deductions that may be earned by the offender.
31-22-8. Crimes enumerated.
A. The crimes to which the Crime Victims Reparation Act [31-22-1 NMSA 1978] 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:
- Arson resulting in bodily injury;
- Aggravated arson;
- Aggravated assault or aggravated battery;
- Dangerous use of explosives;
- Negligent use of a deadly weapon;
- Murder;
- Voluntary manslaughter;
- Involuntary manslaughter;
- Kidnapping;
- Criminal sexual penetration;
- Criminal sexual contact of a minor;
- Homicide by vehicle or great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
- Abandonment or abuse of a child;
- Aggravated indecent exposure, as provided in Section 30-9-14.3 NMSA 1978; and
- Aggravated stalking, as provided in Section 30-3A-3.1 NMSA 1978.