Bill > HB190

This bill amends the Victims of Crime Act in New Mexico to expand protections and rights for crime victims. The bill adds two new criminal offenses to the list of applicable crimes: battery upon a health care worker and human trafficking. It allows a victim's representative who is a licensed New Mexico attorney to file pleadings and speak on behalf of the victim in court proceedings. The bill establishes that court proceedings must provide at least seven working days' notice, with exceptions only for exceptional circumstances, and creates a procedure for victims to appeal hearings scheduled with less notice. The legislation clarifies that courts must provide language interpretation and other necessary services to enable victim participation in court proceedings. Importantly, the bill creates a new private cause of action that allows victims to sue the state or political subdivisions for violations of their rights, effectively waiving sovereign immunity. The attorney general is also authorized to seek civil penalties of up to $500 per violation against state entities that fail to comply with the Victims of Crime Act. These changes aim to strengthen victim protections, ensure more meaningful participation in legal proceedings, and provide accountability mechanisms for government entities handling crime victim cases.

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https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=190&year=25