SENATE BILL 350

56th legislature - STATE OF NEW MEXICO - first session, 2023

. . INTRODUCED BYAntoinette Sedillo Lopez and Leo Jaramillo

 

 

 

 

 

 

AN ACT

RELATING TO CRIME VICTIMS; ENACTING THE U VISA CERTIFICATION ACT; STANDARDIZING THE CERTIFICATION PROCESS FOR U VISA APPLICATIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 31 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "U Visa Certification Act"."

     SECTION 2. A new section of Chapter 31 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS--As used in the U Visa Certification Act:

          A. "certifying entity" means:

                (1) an agency of the state or local political subdivision of the state that employs certified law enforcement officers or the police department of a tribe that has entered into an agreement with the department pursuant to Section 29-1-11 NMSA 1978;

                (2) a district attorney's office;

                (3) a district court, children's court, family court, municipal court or magistrate court; or

                (4) any other agency of the state or local political subdivision of the state that has the jurisdiction to detect crimes;

          B. "certifying official" means:

                (1) the principal official of a certifying entity;

                (2) a person in a supervisory role who has been specifically designated by the principal official of the certifying entity to issue United States citizenship and

immigration services form I-918 supplement B certifications;

                (3) a district court judge, children's court judge, family court judge, municipal court judge or magistrate; or

                (4) any other certifying official defined under 8 C.F.R. Section 214.14(a)(2);

          C. "criminal offense" means:

                (1) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

                (2) criminal sexual contact, as provided in Section 30-9-12 NMSA 1978;

                (3) criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978;

                (4) prostitution, as provided in Section 30-9-2 NMSA 1978;

                (5) voyeurism, as provided in Section 30-9-20 NMSA 1978;

                (6) human trafficking, as provided in Section 30-52-1 NMSA 1978;

                (7) incest, as provided in Section 30-10-3 NMSA 1978;

                (8) negligent arson resulting in death or bodily injury, as provided in Subsection B of Section 30-17-5 NMSA 1978;

                (9) aggravated arson, as provided in Section 30-17-6 NMSA 1978;

                (10) aggravated assault, as provided in Section 30-3-2 NMSA 1978;

                (11) aggravated battery, as provided in Section 30-3-5 NMSA 1978;

                (12) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;

                (13) negligent use of a deadly weapon, as

provided in Section 30-7-4 NMSA 1978;

                (14) murder, as provided in Section 30-2-1 NMSA 1978;

                (15) voluntary manslaughter, as provided in Section 30-2-3 NMSA 1978;

                (16) involuntary manslaughter, as provided in Section 30-2-3 NMSA 1978;

                (17) kidnapping, as provided in Section 30-4-1 NMSA 1978;

                (18) false imprisonment, as provided in Section 30-4-3 NMSA 1978;

                (19) armed robbery, as provided in Section 30-16-2 NMSA 1978;

                (20) homicide by vehicle, as provided in Section 66-8-101 NMSA 1978;

                (21) great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978;

                (22) abandonment or abuse of a child, as provided in Section 30-6-1 NMSA 1978;

                (23) stalking or aggravated stalking, as provided in the Harassment and Stalking Act;

                (24) aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978;

                (25) assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978;

                (26) battery against a household member, as provided in Section 30-3-15 NMSA 1978;

                (27) aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978;

                (28) perjury, as provided in Section 30-25-1 NMSA 1978;

                (29) bribery or intimidation of a witness, as provided in Section 30-24-3 NMSA 1978;

                (30) attempt to commit any felony under this subsection, as provided in Section 30-28-1 NMSA 1978;

                (31) attempt to commit any misdemeanor under this subsection, as provided in 8 C.F.R. Section 214.14(a)(9);

                (32) conspiracy, as provided in Section 30-28-2 NMSA 1978;

                (33) criminal solicitation, as provided in Section 30-28-3 NMSA 1978; or

                (34) any similar activities in violation of New Mexico law or federal law;

          D. "direct victim" means an immigrant who has suffered direct and proximate harm as a result of the commission of a criminal offense; and

          E. "indirect victim" means:

                (1) the spouse of a direct victim if the direct victim is deceased due to murder or manslaughter or is incompetent or incapacitated;

                (2) a child under twenty-one years of age of a direct victim if the direct victim is deceased due to murder or manslaughter or is incompetent or incapacitated;

                (3) a parent of a direct victim who is under twenty-one years of age if the direct victim is deceased due to murder or manslaughter or is incompetent or incapacitated; and

                (4) an unmarried sibling under eighteen years of age of a direct victim who is under twenty-one years of age if the direct victim is deceased due to murder or manslaughter or is incompetent or incapacitated."

     SECTION 3. A new section of Chapter 31 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ELIGIBILITY FOR U VISA CERTIFICATION.--

          A. At the request of a direct victim or an indirect victim, a certifying official shall certify, on the United States citizenship and immigration services form I-918 supplement B certification, the occurrence of a criminal offense against the direct victim and the helpfulness of the direct victim or indirect victim; provided that the direct victim or indirect victim was helpful, is being helpful or is likely to be helpful to the detection, investigation or prosecution of the criminal offense.

          B. A direct victim or an indirect victim who has neither refused nor failed to provide information and assistance reasonably requested shall be entitled to a rebuttable presumption of helpfulness in the determination by a certifying official of the direct victim's or indirect victim's helpfulness pursuant to Subsection A of this section, except a direct victim or an indirect victim who refuses to provide information and assistance shall be entitled to a rebuttable presumption of helpfulness if the direct victim's or indirect victim's refusal was justified.

          C. A certifying official shall not refuse to complete the United States citizenship and immigration services form I-918 supplement B certification or to otherwise certify a direct victim's or an indirect victim's helpfulness when:

                (1) an investigation has already concluded;

                (2) a case has already been prosecuted or otherwise closed;

                (3) the time for commencing a criminal case has expired;

                (4) criminal charges were not filed;

                (5) there was no conviction for the alleged criminal offense; or

                (6) there was no prosecution for the alleged criminal offense.

          D. A certifying official or a certifying entity shall not withdraw the certification except when the direct victim or indirect victim refuses to provide information or assistance after reasonable request as provided in Subsection B of Section 4 of the U Visa Certification Act."

     SECTION 4. A new section of Chapter 31 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] U VISA CERTIFICATION PROCEDURES FOR CERTIFYING OFFICIALS.--

          A. A certifying official who has determined that a direct victim or an indirect victim has been helpful shall:

                (1) fully complete and sign the United States citizenship and immigration services form I-918 supplement B certification and, regarding the direct victim's or indirect victim's helpfulness, specifically describe:

                     (a) the nature of the criminal offense detected, investigated or prosecuted; and

                     (b) the direct victim's or indirect victim's helpfulness or likely helpfulness to the detection, investigation or prosecution of the criminal offense; and

                (2) process the United States citizenship and immigration services form I-918 supplement B certification within:

                     (a) thirty days of a direct victim's or indirect victim's request for certification; or

                     (b) seven days from the first business day following the day the direct victim or indirect victim requested certification if the direct victim or indirect victim is engaged in immigration removal proceedings.

          B. A certifying official who has determined that a direct victim or an indirect victim has not been helpful shall provide in writing to the direct victim, indirect victim or representative of the direct victim or indirect victim the reasons for that determination.

          C. A certifying official shall not disclose the immigration status of a direct victim or an indirect victim or a person requesting the United States citizenship and immigration services form I-918 supplement B certification, except to comply with federal law or legal process or if authorized by the direct victim or indirect victim or person requesting the form.

          D. At the request of a direct victim or an indirect victim, a certifying official or a certifying entity with whom the police report or an incident report was filed shall provide an unredacted copy of the police report or incident report to the direct victim or indirect victim within seven days of the request."

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