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. (1) the right to be treated with fairness and respect for the victim's dignity and privacy throughout the criminal justice process;
2. (2) the right to timely disposition of the case;
3. (3) the right to be reasonably protected from the accused throughout the criminal justice process;
4. (4) the right to notification of court proceedings;
5. (5) the right to attend all public court proceedings the accused has the right to attend;
6. (6) the right to confer with the prosecution;
7. (7) the right to make a statement to the court at sentencing and at any post-sentencing hearings for the accused;
8. (8) the right to restitution from the person convicted of the criminal conduct that caused the victim's loss or injury;
9. (9) the right to information about the conviction, sentencing, imprisonment, escape or release of the accused;
10. (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. (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 laws to implement this amendment. (As added November 3, 1992.)

ANNOTATIONS

The 1992 amendment to Article 2, which was proposed by S.J.R. No. 4 (Laws 1992) and adopted at the general election held on November 3, 1992, by a vote of 324,509 for and 148,419 against, added this section.

Cross references. — For victim restitution, see 31-17-1 NMSA 1978.

For the Crime Victims Reparation Act, see 31-22-1 NMSA 1978 et seq.

For crime victim immunity, see 31-23-1 NMSA 1978.

For Victim Counselor Confidentiality Act, see 31-25-1 NMSA 1978 et seq.

For the Victims of Crime Act, see 31-26-1 NMSA 1978 et seq.

Crimes committed before effective date of victim's rights laws — The effective date of the victim's rights laws did not affect the admission of victim impact evidence in a death penalty case. States are free to admit this type of evidence following the United States Supreme Court's ruling in Payne v. Tennessee, 501 U.S. 808 (1991), and 31-20A-1C and 31-20A-2B NMSA 1978 already provide authority for the admission of this type of evidence. State v. Allen, 2000-NMSC-002, 128 N.M. 482, 994 P.2d 728, cert. denied, 530 U.S. 1218, 120 S. Ct. 2225, 147 L. Ed. 2d 256 (2000).

The Rules of Evidence requiring relevance and the balancing of unfair prejudice also apply to testimony and exhibits that are introduced in a capital felony sentencing proceeding for the purpose of showing victim impact. State v. Allen, 2000-NMSC-002, 128 N.M. 482, 994 P.2d 728, cert. denied, 530 U.S. 1218, 120 S. Ct. 2225, 147 L. Ed. 2d 256 (2000).

Defendant was not unfairly prejudiced by impact evidence that included a videotaped depiction of the victim prior to her death in addition to the testimony of two witnesses. State v. Allen, 2000-NMSC-002, 128 N.M. 482, 994 P.2d 728, cert. denied, 530 U.S. 1218, 120 S. Ct. 2225, 147 L. Ed. 2d 256 (2000).

Section does not protect against waiver of privilege not to disclose medical records. — In a prosecution for criminal sexual penetration, this section did not apply to give the victim the right to release her medical and psychotherapy records to the police and state's attorneys and then invoke an absolute privilege against in camera inspection by the court or subsequent disclosure to other parties. State v. Gonzales, 1996-NMCA-026, 121 N.M. 421, 912 P.2d 297.

Victim impact testimony. — The application of this section and 31-26-4G NMSA 1978, granting the representatives of a murder victim the right to make a statement to the court at sentencing and at any post-sentencing hearings, does not violate ex post facto prohibitions. Nor do these sections prohibit the jury from hearing victim impact testimony. State v. Clark, 1999-NMSC-035, 128 N.M. 119, 990 P.2d 793.

A victim has an absolute right to give a statement at all post-sentencing hearings. — The victim of a crime enumerated in the victims' rights provision of the New Mexico constitution and in the Victims of Crime Act has an unqualified constitutional and statutory right to make a statement at any and all post-sentencing hearings, including probation revocation hearings, regardless of whether the trial court believes that the subject matter of the victim's statement is relevant to the issues to be decided during the hearing. State v. Diaz, 2026-NMCA-028