reglab/housing_qa huggingface dataset:
NM Stat § 31-23-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 23 - Crime Victims Immunity|Section 31-23-1 - Civil action; crime; damages; immunity.

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 of force or deadly force by the defendant which is justified pursuant to common law or the law of the state. History: Laws 1985, ch. 152, § 1.
NM Stat § 31-24-1 to 31-24-7 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 24 - Crime Victims' and Witnesses' Bill of Rights (Repealed.)|Section 31-24-1 to 31-24-7 - Repealed.

ANNOTATIONSRepeals. — Laws 1994, ch. 144, § 15 repealed 31-24-1 to 31-24-7 NMSA 1978, as enacted by Laws 1989, ch. 210, §§ 2, 3 and Laws 1987, ch. 19, §§ 1-7, relating to crime victims' and witnessess' bill of rights, effective January 1, 1995. For provisions of former sections, see the 1993 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 31-26-1 NMSA 1978 et seq.
NM Stat § 31-25-1 (2021)
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.
NM Stat § 31-25-2 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 25 - Victim Counselor Confidentiality|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 the victim for any emotional or psychological condition resulting from a sexual assault or family violence; B. "victim" means a person who consults a victim counselor for assistance in overcoming adverse emotional or psychological effects of a sexual assault or family violence; C. "victim counseling" means assessment, diagnosis and treatment to alleviate the adverse emotional or psychological impact of a sexual assault or family violence on the victim. Victim counseling includes crisis intervention; D. "victim counseling center" means a private organization or unit of a government agency which has as one of its primary purposes the treatment of victims for any emotional or psychological condition resulting from a sexual assault or family violence; and E. "victim counselor" means any employee or supervised volunteer of a victim counseling center or other agency, business or organization that provides counseling to victims who is not affiliated with a law enforcement agency or the office of a district attorney, has successfully completed forty hours of academic or other formal victim counseling training or has had a minimum of one year of experience in providing victim counseling and whose duties include victim counseling. History: Laws 1987, ch. 349, § 2. ANNOTATIONSExclusion of victim advocates from definition of "victim counselor" in the Victim Counselor Confidentiality Act indicates the possibility that their work might be viewed as counseling. State v. Blackmer, 2005-NMSC-008, 137 N.M. 258, 110 P.3d 66.
NM Stat § 31-25-3 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 25 - Victim Counselor Confidentiality|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 criminal action or other judicial, legislative or administrative proceeding. B. A victim counselor or a victim shall not be compelled to provide testimony in any civil or criminal proceeding that would identify the name, address, location or telephone number of a safe house, abuse shelter or other facility that provided temporary emergency shelter to the victim of the offense or occurrence that is the subject of a judicial, legislative or administrative proceeding unless the facility is a party to the proceeding. History: Laws 1987, ch. 349, § 3. ANNOTATIONSConsistent with court rule. — The Victim Counselor Confidentiality Act is consistent with the psychotherapist-patient privilege in Rule 11-504 NMRA and it is to be given effect. Albuquerque Rape Crisis Center v. Blackmer, 2005-NMSC-032, 138 N.M. 398, 120 P.3d 820. Law reviews. — For note and comment, "The Unstated Tension in Albuquerque Rape Crisis Center v. Blackmer: A Divergence Between Formalism and Functionalism", see 36 N.M. L. Rev. 661 (2006).
NM Stat § 31-25-4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 25 - Victim Counselor Confidentiality|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 requires the protections of that act be waived to the extent they apply to that portion of the communication. Waiver shall apply only to the extent necessary to require any witness to respond to questions concerning the confidential communication that are relevant to the facts and circumstances of the case. B. A victim counselor shall not have authority to waive the protections afforded to a victim under the Victim Counselor Confidentiality Act; provided that if a victim brings suit against a victim counselor or the agency, business or organization in which the victim counselor was employed or served as a volunteer at the time of the counseling relationship and the suit alleges malpractice during the counseling relationship, the victim counselor may testify or produce records regarding confidential communications with the victim without liability for those actions. History: Laws 1987, ch. 349, § 4.
NM Stat § 31-25-5 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 25 - Victim Counselor Confidentiality|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 to other provisions of law. History: Laws 1987, ch. 349, § 5. ANNOTATIONSCompiler's notes. — Section 32-1-15 NMSA 1978 was repealed in 1993. For present comparable provisions, see 32A-4-3 NMSA 1978.
NM Stat § 31-25-6 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 25 - Victim Counselor Confidentiality|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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 31-26-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-1 - Short title.

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. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, added the statutory reference to the act. Law reviews. — For note and comment, "Complying with Nunez: The Necessary Procedure for Obtaining Forfeiture of Property and Avoiding Double Jeopardy after State v. Esparza," see 34 N.M. L. Rev. 561 (2004). Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and application of state constitutional or statutory victims' bill of rights, 91 A.L.R.5th 343.
NM Stat § 31-26-2 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 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 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 of the criminal justice process; C. victims' rights are protected by law enforcement agencies, prosecutors and judges as vigorously as are the rights of criminal defendants; and D. the provisions of Article 2, Section 24 of the constitution of New Mexico are implemented in statute. History: Laws 1994, ch. 144, § 2.
NM Stat § 31-26-5 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-5 - Exercise of rights; requirements for victim.

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 excuse for failing to do so; B. provides the district attorney with current and updated information regarding the victim's name, address and telephone number; and C. fully cooperates with and fully responds to reasonable requests made by law enforcement agencies and district attorneys. History: Laws 1994, ch. 144, § 5.
NM Stat § 31-26-6 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-6 - When rights and duties take effect; termination of rights 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 until final disposition of the court proceedings attendant to the charged criminal offense. History: Laws 1994, ch. 144, § 6.
NM Stat § 31-26-7 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-7 - Designation or appointment of victim's representative.

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 unable to designate a victim's representative, the court may appoint a victim's representative for the victim. If a victim regains his competency, he may revoke the court's appointment of a victim's representative. C. When the victim is a minor, the victim's parent or grandparent may exercise the victim's rights; provided, that when the person accused of committing the criminal offense against the victim is the parent or grandparent of the victim, the court may appoint a victim's representative for the victim. History: Laws 1994, ch. 144, § 7.
NM Stat § 31-26-8 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-8 - Procedures for providing victims with preliminary 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 offense and a copy of the following statement: "If within thirty days you are not notified of an arrest in your case, you may call (telephone number for the law enforcement agency) to obtain information on the status of your case."; and C. provide the victim with the name of the district attorney for the judicial district in which the criminal offense was committed and the address and telephone number for that district attorney's office. History: Laws 1994, ch. 144, § 8.
NM Stat § 31-26-9 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-9 - Procedures for providing victims with notice of rights and 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 copy of Article 2, Section 24 of the constitution of New Mexico, regarding victims' rights; (2) a copy of the Victims of Crime Act; (3) a copy of the charge filed against the accused for the criminal offense; (4) a clear and concise statement of the procedural steps generally involved in prosecuting a criminal offense; and (5) the name of a person within the district attorney's office whom the victim may contact for additional information regarding prosecution of the criminal offense. B. The district attorney's office shall provide the victim with oral or written notice, in a timely fashion, of a scheduled court proceeding attendant to the criminal offense. History: Laws 1994, ch. 144, § 9; 2005, ch. 283, § 3. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, changed the former reference to the legislation that implements the provisions of art. 11, § 24 of the N.M. Const. to the Victims of Crime Act in Subsection A(2) and deleted the phrase "if requested by the victim" in Subsection B.
NM Stat § 31-26-10 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-10 - Procedures for providing victims with notice of a court 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 circumstances. The district attorney's office shall convey the information concerning the scheduled court proceeding to the victim, as provided in Subsection B of Section 9 [31-26-9 NMSA 1978] of the Victims of Crime Act. History: Laws 1994, ch. 144, § 10.
NM Stat § 31-26-10.1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-10.1 - Crime victim presence at court proceedings; plea 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 the victim is not present, the court shall inquire on the record whether an attempt has been made to notify the victim of the proceeding. If the district attorney cannot verify that an attempt has been made, the court shall: (1) reschedule the hearing; or (2) continue with the hearing but reserve ruling until the victim has been notified and given an opportunity to make a statement; and (3) order the district attorney to notify the victim of the rescheduled hearing. B. The provisions of this section shall not limit the district attorney's ability to exercise prosecutorial discretion on behalf of the state in a criminal case. C. The provisions of this section shall not require the court to continue or reschedule any proceedings if it would result in a violation of a jurisdictional rule. History: Laws 2005, ch. 283, § 1. ANNOTATIONSEffective dates. — Laws 2005, ch. 283 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 31-26-11 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-11 - Procedures when an inmate or delinquent child escapes; 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 inmate or delinquent child was committed and the probation officer who authored the presentence report when an inmate or delinquent child: (1) escapes from a correctional facility or juvenile justice facility under the jurisdiction of the corrections department or the children, youth and families department; or (2) convicted in New Mexico of a capital, first degree or second degree felony and transferred to a facility under the jurisdiction of another state escapes from that facility. B. The district attorney shall immediately notify any person known to reside in his district who was a victim of the criminal or delinquent offense for which the inmate or delinquent child was committed. History: Laws 1994, ch. 144, § 11; 1999, ch. 103, § 1. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, inserted "or delinquent child" and "children, youth and families department" in the catchline and throughout the section; in Subsection A inserted "or the children's court judge" in the introductory language and "or juvenile justice facility" in Paragraph (1); and inserted "or delinquent" preceding "offense" in Subsection B.
NM Stat § 31-26-13 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-13 - Disclaimer.

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. 144, § 13.
NM Stat § 31-26-14 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-14 - Effect of noncompliance.

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.
NM Stat § 31-26-15 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-15 - Identity theft passport; database.

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 1978 and who provides to the attorney general: (1) a certified copy of a court order obtained pursuant to Section 5 [31-26-16 NMSA 1978] of this 2009 act or a full set of fingerprints; (2) a driver's license or other government-issued identification or record; and (3) other information as required by the attorney general. B. An identity theft passport shall contain a picture of the person to whom it was issued and other information as the attorney general deems appropriate. C. The attorney general may enter into a memorandum of understanding with the motor vehicle division of the taxation and revenue department for the development and issuance of a secure form of identity theft passport. When an identity theft passport is issued, the motor vehicle division shall note on the person's driver record that an identity theft passport has been issued. D. An identify [identity] theft passport shall be accepted as evidence of identity by law enforcement officers and others who may challenge the person's identity. E. The attorney general shall maintain a database of identity theft victims who have reported to a law enforcement agency or have been issued an identity theft passport. The attorney general may provide access to the database only to criminal justice agencies. For purposes of identification and authentication, the attorney general may allow access to specific information about a person who has become a victim of identity theft to that person or to that person's authorized representative. F. The attorney general shall keep on file each application for an identity theft passport and each police report of identity theft submitted by a law enforcement agency. G. The attorney general shall prepare and make available to local law enforcement agencies and to the general public an information packet that includes information on how to prevent and stop identity theft. History: Laws 2009, ch. 95, § 4. ANNOTATIONSBracketed material. — The bracketed word "identity" in Subsection D was inserted by the compiler to correct a typographical error and is not part of the law. Effective dates. — Laws 2009, ch. 95, § 6 made Laws 2009, ch. 95, § 4 effective July 1, 2009.
NM Stat § 31-26-16 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 26 - Victims of Crime|Section 31-26-16 - Repealed.

History: Laws 2009, ch. 95, § 5; repealed by Laws 2019, ch. 203, § 8.ANNOTATIONSRepeals. — Laws 2019, ch. 203, § 8 repealed 31-26-16 NMSA 1978, as enacted by Laws 2009, ch. 95, § 5, relating to expungement from police and court records, effective January 1, 2020. For provisions of former section, see the 2019 NMSA 1978 on NMOneSource.com.
NM Stat § 31-27-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 27 - Forfeiture|Section 31-27-1 - Short title.

Chapter 31, Article 27 NMSA 1978 may be cited as the "Forfeiture Act". History: Laws 2002, ch. 4, § 1; 2015, ch. 152, § 1. ANNOTATIONSCross references. — For forfeitures for violations of hunting and fishing regulations, see 17-2-20.1 NMSA 1978. For forfeitures under the Cultural Properties Act, see 18-6-9.3 NMSA 1978. For forfeitures for offenses of shooting at or from motor vehicles, see 30-3-8.1 NMSA 1978. For forfeitures for offense of unlawful possession of a handgun, see 30-7-2.3 NMSA 1978. For forfeitures under the Unauthorized Recording Act, see 30-16B-9 NMSA 1978. For forfeitures under the Controlled Substances Act, see 30-31-35 NMSA 1978. For forfeitures under the Imitation Controlled Substances Act, see 30-31A-10 NMSA 1978. For forfeitures under the Racketeering Act, see 30-42-4 NMSA 1978. For forfeitures under the Computer Crimes Act, see 30-45-7 NMSA 1978. For forfeitures for crimes related to the unlawful sale of alcoholic beverages, see 60-7A-4.1 NMSA 1978. For forfeitures under the Liquor Control Act, see 60-7A-5 NMSA 1978. For forfeitures for crimes related to unlawful manufacture or transportation of alcoholic beverages, see 60-7A-6 NMSA 1978. The 2015 amendment, effective July 1, 2015, changed the statutory reference of the Forfeiture Act from "Sections 1 through 8 of this act" to "Chapter 31, Article 27 NMSA 1978".