0001| AN ACT | 0002| RELATING TO CRIME VICTIMS REPARATION; AMENDING ELIGIBILITY | 0003| REQUIREMENTS FOR PERSONS WHO SEEK REPARATION AWARDS; AMENDING SECTIONS | 0004| OF THE CRIME VICTIMS REPARATION ACT. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 31-22-3 NMSA 1978 (being Laws 1981, Chapter | 0008| 325, Section 3, as amended) is amended to read: | 0009| "31-22-3. DEFINITIONS.--As used in the Crime Victims Reparation | 0010| Act: | 0011| A. "child" means an unmarried person who is under the age | 0012| of majority and includes a stepchild and an adopted child; | 0013| B. "collateral source" includes benefits for economic loss | 0014| otherwise reparable under the Crime Victims Reparation Act which the | 0015| victim or claimant has received or which are readily available to him | 0016| from: | 0017| (1) the offender; | 0018| (2) social security, medicare and medicaid; | 0019| (3) workers' compensation; | 0020| (4) any program of any employer for continuation of | 0021| wages in the event of the illness or injury of an employee; | 0022| (5) proceeds of a contract of insurance payable to | 0023| the victim; | 0024| (6) a contract providing prepaid hospital and other | 0025| health care services or benefits for disability, except for the | 0001| benefits of any life insurance policy; | 0002| (7) applicable indigent funds; or | 0003| (8) cash donations; | 0004| C. "commission" means the crime victims reparation | 0005| commission; | 0006| D. "dependents" means those relatives of the deceased or | 0007| disabled victim who are more than fifty percent dependent upon the | 0008| victim's income at the time of his death or disability and includes | 0009| the child of a victim born after his death or disability; | 0010| E. "family relationship group" means any person related to | 0011| another person within the fourth degree of consanguinity or affinity; | 0012| F. "injury" means actual bodily harm or disfigurement and | 0013| includes pregnancy and extreme mental distress. For the purposes of | 0014| this subsection, "extreme mental distress" means a substantial | 0015| personal disorder of emotional processes, thought or cognition that | 0016| impairs judgment, behavior or ability to cope with the ordinary | 0017| demands of life; | 0018| G. "relative" means a person's spouse, parent, grandparent, | 0019| stepfather, stepmother, child, grandchild, minor brother, minor | 0020| sister, minor half-brother, minor half-sister or spouse's parents; and | 0021| H. "victim" means: | 0022| (1) a person in New Mexico who is injured or killed | 0023| by any act or omission of any other person that is a crime enumerated | 0024| in Section 31-22-8 NMSA 1978; | 0025| (2) a resident of New Mexico who is injured or killed | 0001| by such a crime occurring in a state other than New Mexico if that | 0002| state does not have an eligible crime victims compensation program; or | 0003| (3) a resident of New Mexico who is injured or killed | 0004| by an act of international terrorism, as provided in 18 U.S.C. Section | 0005| 2331." | 0006| Section 2. Section 31-22-8 NMSA 1978 (being Laws 1981, Chapter | 0007| 325, Section 8, as amended) is amended to read: | 0008| "31-22-8. CRIMES ENUMERATED.-- | 0009| A. The crimes to which the Crime Victims Reparation Act | 0010| applies and for which reparation to victims may be made are the | 0011| following enumerated offenses and all other offenses in which any | 0012| enumerated offense is necessarily included: | 0013| (1) arson resulting in bodily injury; | 0014| (2) aggravated arson; | 0015| (3) aggravated assault or aggravated battery; | 0016| (4) dangerous use of explosives; | 0017| (5) negligent use of a deadly weapon; | 0018| (6) murder; | 0019| (7) voluntary manslaughter; | 0020| (8) involuntary manslaughter; | 0021| (9) kidnapping; | 0022| (10) criminal sexual penetration; | 0023| (11) criminal sexual contact of a minor; | 0024| (12) homicide by vehicle or great bodily injury by | 0025| vehicle, as provided in Section 66-8-101 NMSA 1978; | 0001| (13) abandonment or abuse of a child; | 0002| (14) aggravated indecent exposure, as provided in | 0003| Section 30-9-14.3 NMSA 1978; and | 0004| (15) stalking, as provided in Section 30-3A-3 NMSA | 0005| 1978, when the offender has at least one prior conviction for | 0006| stalking. | 0007| B. No award shall be made for any loss or damage to | 0008| property." | 0009| Section 3. Section 31-22-14 NMSA 1978 (being Laws 1981, Chapter | 0010| 325, Section 14, as amended) is amended to read: | 0011| "31-22-14. LIMITATIONS ON AWARD--COLLATERAL RECOVERY-- | 0012| PRELIMINARY AWARD.-- | 0013| A. No order for the payment of reparation shall be made | 0014| unless application has been made within two years after the date of | 0015| the injury or death and the injury or death was the result of a crime | 0016| enumerated in Section 31-22-8 NMSA 1978 that had been reported to the | 0017| police within thirty days after its occurrence. In no event shall | 0018| reparation be given unless application has been made within two years | 0019| after the injury or death, except for minors who are victims of | 0020| criminal activity under the provisions of Section 30-6-1 NMSA 1978, | 0021| regarding abandonment or abuse of a child, Section 30-9-11 NMSA 1978, | 0022| regarding criminal sexual penetration, or Section 30-9-13 NMSA 1978, | 0023| regarding criminal sexual contact of a minor. The date of incident | 0024| for minors who are victims of these types of criminal activity shall | 0025| be the date the victim attains the age of eighteen years or the date | 0001| that the criminal activity is reported to a law enforcement agency, | 0002| whichever occurs first. | 0003| B. No award of reparation shall be in excess of twenty | 0004| thousand dollars ($20,000) per victim. | 0005| C. Except as provided by Subsection E of this section, the | 0006| commission shall deduct from any reparation awarded any payments | 0007| received from a collateral source or from the United States, the state | 0008| or any of its political subdivisions for injury or death subject to | 0009| reparation under the Crime Victims Reparation Act. If the claimant | 0010| receives an award of reparation from the commission and also receives | 0011| payment as set forth in the preceding sentence for which no deduction | 0012| was made, the claimant shall refund to the state the lesser of the | 0013| amount of reparation paid or the sums not so deducted. | 0014| D. If the claimant receives an award of reparation from the | 0015| commission and also receives an award pursuant to a civil judgment | 0016| arising from a criminal occurrence for which a reparation award was | 0017| paid, the claimant shall refund to the state the amount of the | 0018| reparation paid to him. The commission may negotiate a reasonable | 0019| settlement regarding repayment of the reparation award if special | 0020| circumstances exist. | 0021| E. If it appears that a final award of reparation will be | 0022| made by the commission, a preliminary award not to exceed three | 0023| thousand five hundred dollars ($3,500) may be authorized by the | 0024| director of the commission or the commission's designee when the | 0025| commission chairman concurs. The amount of the preliminary award | 0001| shall be deducted from any final award made by the commission." | 0002| Section 4. EFFECTIVE DATE.--The effective date of the | 0003| provisions of this act is July 1, 1997. |