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Committee adopts amendment to Victims of Crime Act changes; bill rolled for further work
Summary
The committee adopted an amendment clarifying that remedies to enforce victims' rights under HB190 are actions in state district court and added procedural safeguards, but members expressed concerns about court workload and implementation. The bill was not recommended for passage and will be rolled for further stakeholder work.
Representative (sponsor) presented an amendment (O39.1) to House Bill 190 to clarify how victims' rights under the Victims of Crime Act may be enforced. The amendment specifies that remedies shall be brought in state district court, allows an attorney general action in state district court against the state or political subdivisions, and narrows filings and courtroom participation by victim representatives to enforcement of rights under the Act.
Frank Zubia, director of the New Mexico Crime Victims Reparation Commission, testified in support: "This bill proposes and with its amendments, to state victims of crime, enhance protections, and rights to crime victims.... HB190 seeks to strengthen the rights and protections afforded to crime victims in New Mexico," he said.
The amendment also added a requirement that notification be sent to a victim at the victim's last known point of contact and clarified appellate procedure language to be filed in accordance with Supreme Court rules for appellate procedure while stating the appellate court should apply a de novo standard of review in certain circumstances. The amendment requires courts to provide language interpretation and related services to enable victims to observe or participate in proceedings.
Several advocacy groups testified in support after the amendment: Mariela Garcia of the Nebraska Coalition Against Domestic Violence, Linda Attekson of the New Mexico Victims Rights Project, Adrian Gomez of the Greater Albuquerque Chamber of Commerce, and Alicia Otero of the New Mexico Crusaders urged the committee to advance the bill with the amendments.
Committee members expressed procedural and implementation concerns. Representative Romero said she had not had sufficient opportunity to consult court personnel and other stakeholders and was "not prepared to vote on it today" without technical input from the Administrative Office of the Courts, the Law Office of the Public Defender and the district attorneys' offices. Members suggested consulting the appeals court as it would handle new filings under the proposed changes.
The committee adopted the amendment by unanimous consent after a motion to adopt was moved and seconded. When the sponsor later moved that the bill as amended "do pass," the motion lacked a second and no committee do-pass recommendation was recorded. Members discussed tabling or "rolling" the bill to allow additional stakeholder meetings; the consensus was to roll the bill for further work so the sponsor can consult with the affected agencies and produce a committee substitute if needed.
