N.M. R. Crim. P. Magist. Ct. 6-113

As amended through August 23, 2024

Rule 6-113 - Victim's rights

A. The court shall respect all rights of victims of crimes enumerated and filed as specified in the Victims of Crime Act, Sections 31-26-1 to 31-26-14 NMSA 1978.

B. At any scheduled court proceeding, the court shall inquire whether any victim entitled to notice of the proceeding, under Article II, Section 24, is present. If the victim is present, the court shall ascertain that the victim has been informed of the right to

(1) be treated with fairness and respect for the victim's dignity and privacy throughout the criminal justice process;

(2) timely disposition of the case;

(3) be reasonably protected from the accused throughout the criminal justice process;

(4) notification of court proceedings;

(5) attend all public court proceedings the accused has the right to attend;

(6) confer with the prosecution;

(7) make a statement to the court at sentencing and at any post-sentencing hearings for the accused;

(8) restitution from the person convicted of the criminal offense that caused the victim's loss or injury;

(9) information about the conviction, sentencing, imprisonment, escape or release of the accused;

(10) 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 with good cause;

(11) 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; and

(12) 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.

C. If the victim is not present, the court shall inquire of the district attorney 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, unless doing so would result in a violation of a jurisdictional rule, 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.

N.M. R. Crim. P. Magist. Ct. 6-113

Adopted by Supreme Court Order No. 08-8300-044, effective 12/31/2008.

Committee commentary. - Article II, Section 24 of the Constitution of the State of New Mexico and the Victims of Crime Act, Sections 31-26-1 to 31-26-14 NMSA 1978 (2005) provide that victims of specific crimes enumerated in the Constitution and Act have specific rights in court proceedings. This rule applies only to those crimes enumerated and filed as specified under the Victims of Crime Act.

[Adopted by Supreme Court Order No. 08-8300-44, effective December 31, 2008.]