Bill > SB36

This bill allows courts to permit a child or adjudicated incapacitated adult to testify remotely via video if the court finds it necessary to protect the witness's wellbeing. The court must determine that the witness would be traumatized by the defendant's presence, the emotional distress from in-person testimony would be significant, and the trauma would impair the witness's ability to communicate. The court can make this finding without a psychological evaluation, but if one is deemed essential, the court must use an independent evaluation rather than one hired by a party. This provision is intended to protect the witness from further trauma while preserving the defendant's right to confront the examiner.

Justice

https://www.nmlegis.gov/lcs/legislation.aspx?chamber=S&legtype=B&legno=36&year=21