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State Victims' Rights Amendments

New Mexico

  • A state Constitutional Amendment for Victims' Rights was passed in 1992.
  • The amendment was passed by 68% of voters.

Amendment Text:

A. A victim of arson resulting in bodily injury, aggravated arson, aggravated assault, 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, great bodily injury by vehicle or abandonment or abuse of a child or that victim's representative shall have the following rights as provided by law:

  1. the right to be treated with fairness and respect for the victim's dignity and privacy throughout the criminal justice process;
  2. the right to timely disposition of the case;
  3. the right to be reasonably protected from the accused throughout the criminal justice process;
  4. the right to notification of court proceedings;
  5. the right to attend all public court proceedings the accused has the right to attend;
  6. the right to confer with the prosecution;
  7. the right to make a statement to the court at sentencing and at any post-sentencing hearings for the accused;
  8. the right to restitution from the person convicted of the criminal conduct that caused the victim's loss or injury;
  9. the right to information about the conviction, sentencing, imprisonment, escape or release of the accused;
  10. the right to 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 of the victim from work for good cause; and
  11. the right to promptly receive any property belonging to the victim that is being held for evidentiary purposes by a law enforcement agency or the prosecuting attorney, unless there are compelling evidentiary reasons for retention of the victim's property.

B. 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 Subsection A of Section 24 of Article 2 of the constitution of New Mexico.

C. The provisions of this amendment shall not take effect until the legislature enacts lawsto implement this amendment.

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