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AN ACT
RELATING TO DOMESTIC ABUSE; CREATING THE DOMESTIC VIOLENCE
HOMICIDE REVIEW TEAM; PROVIDING DUTIES; ESTABLISHING
CONFIDENTIALITY OF CERTAIN RECORDS AND COMMUNICATIONS;
PROVIDING IMMUNITY FROM CIVIL LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Crime Victims
Reparation Act is enacted to read:
"DOMESTIC VIOLENCE HOMICIDE REVIEW TEAM--CREATION--
MEMBERSHIP--DUTIES--CONFIDENTIALITY--CIVIL LIABILITY.--
A. The "domestic violence homicide review team" is
created within the commission for the purpose of reviewing
the facts and circumstances of domestic violence related
homicides and sexual assault related homicides in New Mexico,
identifying the causes of the fatalities and their
relationship to government and nongovernment service delivery
systems and developing methods of domestic violence
prevention.
B. The team shall consist of the following members
appointed by the director of the commission:
(1) medical personnel with expertise in
domestic violence;
(2) criminologists;
(3) representatives from the New Mexico
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district attorneys association;
(4) representatives from the attorney
general;
(5) victim services providers;
(6) civil legal services providers;
(7) representatives from the public defender
department;
(8) members of the judiciary;
(9) law enforcement personnel;
(10) representatives from the department of
health, the aging and long-term services department and the
children, youth and families department who deal with
domestic violence victims' issues;
(11) representatives from tribal
organizations who deal with domestic violence; and
(12) any other members the director of the
commission deems appropriate.
C. The domestic violence homicide review team
shall:
(1) review trends and patterns of domestic
violence related homicides and sexual assault related
homicides in New Mexico;
(2) evaluate the responses of government and
nongovernment service delivery systems and offer
recommendations for improvement of the responses;
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(3) identify and characterize high-risk
groups for the purpose of recommending developments in public
policy;
(4) collect statistical data in a consistent
and uniform manner on the occurrence of domestic violence
related homicides and sexual assault related homicides; and
(5) improve collaboration between tribal,
state and local agencies and organizations to develop
initiatives to prevent domestic violence.
D. The following items are confidential:
(1) all records, reports or other
information obtained or created by the domestic violence
homicide review team for the purpose of reviewing domestic
violence related homicides or sexual assault related
homicides pursuant to this section; and
(2) all communications made by domestic
violence homicide review team members or other persons during
a review conducted by the team of a domestic violence related
homicide or a sexual assault related homicide.
E. The following persons shall honor the
confidentiality requirements of this section and shall not
make disclosure of any matter related to the team's review of
a domestic violence related homicide or a sexual assault
related homicide, except pursuant to appropriate court
orders:
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(1) domestic violence homicide review team
members;
(2) persons who provide records, reports or
other information to the team for the purpose of reviewing
domestic violence related homicides and sexual assault
related homicides; and
(3) persons who participate in a review
conducted by the team.
F. Nothing in this section shall prevent the
discovery or admissibility of any evidence that is otherwise
discoverable or admissible merely because the evidence was
presented during the review of a domestic violence related
homicide or a sexual assault related homicide pursuant to
this section.
G. Domestic violence homicide review team members
shall not be subject to civil liability for any act related
to the review of a domestic violence related homicide or a
sexual assault related homicide; provided that the members
act in good faith, without malice and in compliance with
other state or federal law.
H. An organization, institution, agency or person
who provides testimony, records, reports or other information
to the domestic violence homicide review team for the purpose
of reviewing domestic violence related homicides or sexual
assault related homicides shall not be subject to civil
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liability for providing the testimony, records, reports or
other information to the team; provided that the
organization, institution, agency or person acts in good
faith, without malice and in compliance with other state or
federal law.
I. At least thirty days prior to the convening of
each regular session of the legislature, the domestic
violence homicide review team shall transmit a report of its
activities pursuant to this section to:
(1) the governor;
(2) the legislative council;
(3) the chief justice of the supreme court;
(4) the secretary of public safety;
(5) the secretary of children, youth and
families;
(6) the secretary of health; and
(7) any other persons the team deems
appropriate."
Section 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2007.