HB 342 — CRIMINAL JUSTICE REFORMS

A copy of the petition shall be t hr g e i k served on the district attorney for the judicial district in h r i s which the district court is located.

A petitioner shall be h , t, granted full, fair and prompt proceedings upon filing a e u g e b l e e h petition.

n d d i = = o h B.

As a condition to the district court's l ] b ,d i a º e acceptance of [his ] the person's petition, the petitioner r i = r t e w d m a n o shall:

d(1) msubmit :to DNA testing ordered by the district court;

b e d s º o t n = .213272.3 s k m e - 6 - e a n e d r e l u [ A d (1) submit to DNA testing ordered by the district court;

[C.] D.

(1) [he ] the petitioner was convicted of a HJC/HB 342/a Page 6 felony;

h (a) has not previously been subjected to g o DNA testing;

t hr g e i k (b) has not previously been subjected to h r i s the type of DNA testing that is now being requested;

or h , t, (c) was previously subjected to DNA e u g e b l testing, but was tested incorrectly or interpreted incorrectly;

e e h n d d i = = o h (4) the DNA testing [he ] the petitioner is l ] b ,d i a º e requesting will be likely to produce admissible evidence;

and r(5) iidentity =was ran tissue ein wthe dpetitioner's (5)case identityor wasthat anif issuethe inDNA [histesting ]the petitioner is requesting had been performed prior to the mpetitioner's conviction and the results had been exculpatory, there is a nreasonable oprobability dthat mthe :petitioner would not have pled guilty or been found guilty.

bE. e d s º o t n = .213272.3 s k m e - 7 - e a n e d r e l u [ A d HJC/HB 342 petitioner's case or that if the DNA testing [he] the petitioner is requesting had been performed prior to [his] the petitioner's conviction and the results had been exculpatory, there is a reasonable probability that the petitioner would not have pled guilty or been found guilty.

[D.If the petitioner satisfies the requirements set forth in Subsection D of this section, the district court shall appoint counsel for the petitioner, unless the petitioner waives counsel or retains the petitioner's own counsel.

]HJC/HB E.342/a Page 7 F.

If the petitioner satisfies the requirements set forth in Subsection [C ] D of this section, the district court shall appoint counsel for the petitioner, unless the petitioner waives counsel or retains [his ] the petitioner's own counsel.

[E.

] F.

[F.G.

] G.

The evidence shall be preserved h during the pendency of the proceeding.

The district court may g o impose appropriate sanctions, including dismissal of the t hr g e i k petitioner's conviction or criminal contempt, if the court h r i s determines that evidence was intentionally destroyed after h , t, issuance of the court's order to secure evidence.

eH. u g e b l e e h [G.

]The H.district court shall order DNA testing if the petitioner satisfies the requirements set forth in Subsections B and D of this section.

TheI. district court shall order DNA testing n d d i = = o h if the petitioner satisfies the requirements set forth in l ] b ,d i a º e Subsections B and [C ] D of this section.

rIf ithe =results rof tthe eDNA wtesting dare [H.exculpatory, the district court may set aside the petitioner's judgment and sentence, may dismiss the charges against the petitioner with prejudice, may grant the petitioner a new trial or may order other appropriate relief.

]J. I.

If the results of the DNA testing are m a n o d m :

b e d s º o t n = .213272.3 s k m e - 8 - e a n e d r e l u [ A d exculpatory, the district court may set aside the petitioner's judgment and sentence, may dismiss the charges against the petitioner with prejudice, may grant the petitioner a new trial or may order other appropriate relief.

[I.

] J.

Provided, that a petitioner shall not be denied DNA testing because of [his ] the petitioner's inability to pay for the cost of HJC/HB 342/a Page 8 DNA testing.

[J.K.

] K.

[K.L.

]The L.petitioner shall have the right to appeal a district court's denial of the requested DNA testing, a district court's final order on a petition or a district court's decision regarding relief for the petitioner.

The petitionerstate shall have the right to h appeal aany district court's denial of the requested DNA testing, g o a district court's final order onissued aby petitionthe or a district tcourt. hr g e i k court's decision regarding relief for the petitioner.

TheAn happeal r i s state shall havebe thefiled rightby toa appealparty anywithin finalthirty orderdays issuedto by h , t, the districtcourt court.of appeals.

AnM. appeal shall be filed by a party within e u g e b l thirty days to the court of appeals.

eThe estate hshall npreserve dall devidence ithat =is =secured oin hrelation [L.to an investigation or prosecution of a crime and that could be subjected to DNA testing, for not less than the period of time that a person remains subject to incarceration or on probation or parole in connection with the investigation or prosecution.

]N. M.

The state shallmay preservedispose allof evidence thatbefore lthe ]expiration bof ,dthe itime aperiod ºset eforth is secured in relationSubsection toM an investigation or prosecution of athis rsection iif: = r t e w d crime and that could be subjected to DNA testing, for not less m a n o d m :

bHJC/HB e342/a dPage s º o t n = .213272.3 s k m e - 9 -(1) eno aother nlaw, eregulation dor rcourt eorder lrequires u [ A d HJC/HB 342 than the period of time that a person remains subject to incarceration or [supervision ] on probation or parole in connection with the investigationevidence orbe prosecution.preserved;

[M.

] N.

The state may dispose of evidence before the expiration of the time period set forth in Subsection [K ] M of this section if:

(1) no other law, regulation or court order requires that the evidence be preserved;

h O.

In proceedings under this section, the Rules of g o Evidence and the Rules of Civil Procedure for the District t hr g e i k Courts shall apply.

h r i s [N.] P.

As used in this section, "DNA" means h , t, deoxyribonucleic acid." e u g e b l e e h SECTION 5.

Section 31-16A-4 NMSA 1978 (being Laws 1981, n d d i = = o h Chapter 33, Section 4) is amended to read:

l ] b ,d i a º e "31-16A-4.

ELIGIBILITY.-- r i = r t e w d m a n o A.

A defendant [must] shall meet the following dminimum mcriteria :to be eligible for a preprosecution diversion program:

b(1) ethe ddefendant sshall ºhave ono tprior nfelony =convictions .213272.3 s k m e - 10 - e a n e d r e l u [ A d minimum criteria to be eligible for a preprosecutionviolent diversioncrime; program:

(1)(2) the defendant [mustis ]willing shallto haveparticipate noin priorthe felonyprogram convictionsand forsubmit ato violentall crime;program requirements;

[andHJC/HB no342/a priorPage felony10 convictions(3) for any crimeadditional forcriteria theset previousby tenthe years;district attorney.

(2) the crime alleged to have been committed by the defendant is nonviolent in nature with the exception of domestic disputes not involving a minor;

(3) if the defendant was on probation previously, his probation must not have been revoked or unsatisfactorily discharged;

(4) the defendant has not been admitted into a similar program for the previous ten years;

(5)] (2) the defendant is willing to participate in the program and submit to all program requirements;

[(6) the crime alleged to have been committed by the defendant does not involve substantial sale or possession of controlled substances;

and h (7) a person meeting all of the above criteria g o and any additional criteria established by the district t hr g e i k attorney may be entered into the preprosecution diversion h r i s program.

The district attorney may elect to not divert a h , t, person to the preprosecution diversion program even though that e u g e b l person meets the minimum criteria herein set forth.

A decision e e h n d d i = = o h by the district attorney to not divert to the preprosecution l ] b ,d i a º e diversion program is not subject to appeal and may not be r i = r t e w d raised as a defense to any prosecution or habitual offender m a n o d m :

b e d s º o t n = .213272.3 s k m e - 11 - e a n e d r e l u [ A d HJC/HB 342 proceeding ] and (3) any additional criteria set by the district attorney.

A [district attorney may set additional criteria] person who meets all of the criteria pursuant to Subsection A of this section may be entered into the preprosecution diversion program;

h "31-16A-7.

PROGRAM PARTICIPATION--[COSTS]PARTICIPATION--REASONABLE REASONABLE g o CONDITIONS--TERMINATION.-- t hr g e i k A.

A defendant may be diverted to a preprosecution h r i s diversion program for no less than six months and no longer h , t, than two years.

A district attorney may extend the diversion e u g e b l e e h period for a defendant as a disciplinary measure or to allow n d d i = = o h adequate time for restitution;

provided that the extension l ] b ,d i a º e coupled with the original period does not exceed two years.

r i = r t e w d m a n o B.

A district attorney may require as a program drequirement mthat :a defendant agree to such reasonable conditions as the district attorney deems necessary to ensure HJC/HB 342/a Page 11 that the defendant will observe the laws of the United States and the various states and the ordinances of any municipality.

bC. e d s º o t n = .213272.3 s k m e - 12 - e a n e d r e l u [ A d requirement that a defendant agree to such reasonable conditions as the district attorney deems necessary to ensure that the defendant will observe the laws of the United States and the various states and the ordinances of any municipality.

[andIf shalla require the defendant todoes paynot tocomply hiswith office the coststerms, relatedconditions toand hisrequirements participationof ina thepreprosecution programdiversion notprogram, exceedingthe onedefendant's thousandparticipation twentyin dollarsthe ($1,020)program annuallymay to be paidterminated, in monthly installments of not less than fifteen dollars ($15.00) and notthe moredistrict thanattorney eighty-fivemay dollarsproceed ($85.00),with subject to modification by the districtsuspended attorneycriminal onprosecution the basis of changedthe financialdefendant. circumstances.

AllD. costs collected by a district attorney pursuant to this subsection shall be transmitted to the administrative office of the district attorneys for credit to the district attorney fund.

B.]If C.the participation of a defendant in a preprosecution diversion program is terminated, the district attorney shall state in writing the specific reasons for the termination, which reasons shall be available for review by the defendant and the defendant's counsel." SECTION 7.

IfSection a31-18-15 defendantNMSA does1978 not(being complyLaws with1977, theChapter terms,216, conditionsSection and4, requirementsas ofamended) ais preprosecutionamended diversionto program,read: [his ] the defendant's participation in the program [shall ] may be terminated, and the district attorney may proceed with the suspended criminal prosecution of the h defendant.

g"31-18-15. o [C.

]SENTENCING D.AUTHORITY--NONCAPITAL FELONIES-- BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS DEDUCTIONS.-- A.

If the participation of a defendant in a t hr g e i k preprosecution diversion program is terminated, the district h r i s attorney shall state in writing the specific reasons for the h , t, termination, which reasons shall be available for review by the e u g e b l defendant and [his ] the defendant's counsel." e e h n d d i = = o h SECTION 7.

Section 31-18-15 NMSA 1978 (being Laws 1977, l ] b ,d i a º e Chapter 216, Section 4, as amended) is amended to read:

r i = r t e w d "31-18-15.

SENTENCING AUTHORITY--NONCAPITAL FELONIES-- m a n o d m :

b e d s º o t n = .213272.3 s k m e - 13 - e a n e d r e l u [ A d HJC/HB 342 BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS DEDUCTIONS.-- A.

(3) for a first degree felony, eighteen HJC/HB 342/a Page 12 years imprisonment;

h (7) for a second degree felony, nine years g o imprisonment;

t hr g e i k (8) for a third degree felony resulting in the h r i s death of a human being, six years imprisonment;

h , t, (9) for a third degree felony for a sexual e u g e b l e e h offense against a child, six years imprisonment;

n d d i = = o h (10) for a third degree felony for sexual l ] b ,d i a º e exploitation of children, eleven years imprisonment;

r i = r t e w d (11) for a third degree felony, three years mimprisonment; a n o d m :

b e d s º o t n = .213272.3 s k m e - 14 - e a n e d r e l u [ A d imprisonment;

The appropriate basic sentence of imprisonment shall be imposed upon a person convicted and sentenced pursuant to Subsection A of this section, unless the court alters the sentence pursuant to the provisions of the HJC/HB 342/a Page 13 Criminal Sentencing Act.

If a period of parole is imposed, the court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 h NMSA 1978 after the completion of any actual time of g o imprisonment and authority to require, as a condition of t hr g e i k parole, the payment of the costs of parole services and h r i s reimbursement to a law enforcement agency or local crime h , t, stopper program in accordance with the provisions of that e u g e b l section.

If imposedimposed, , the period of parole shall be deemed to e e h n d d i = = o h be part of the sentence of the convicted person in addition to l ] b ,d i a º e the basic sentence imposed pursuant to Subsection A of this r i = r t e w d section together with alterations, if any, pursuant to the mprovisions aof nthe oCriminal dSentencing mAct. :

b e d s º o t n = .213272.3 s k m e - 15 - e a n e d r e l u [ A d HJC/HB 342 provisions of the Criminal Sentencing Act.

When a court imposes a sentence of imprisonment pursuant to the provisions of Section 31-18-15.1, 31-18-16 or 31-18-17 NMSA 1978 and suspends or defers the basic sentence of imprisonment provided pursuant to the provisions of Subsection A of this section, the period of parole shall be HJC/HB 342/a Page 14 served in accordance with the provisions of Section 31-21-10 NMSA 1978 for the degree of felony for the basic sentence for which the inmate was convicted.

(1) for a first degree felony resulting in the h death of a child, seventeen thousand five hundred dollars u » r ($17,500);

t h g e (2) for a first degree felony for aggravated l i h r i s criminal sexual penetration, seventeen thousand five hundred h , e h dollars ($17,500);

t u g e b l (3) for a first degree felony, fifteen e e , gh n d d i = = o h thousand dollars ($15,000);

l ] b ,d i a º r (4) for a second degree felony resulting in e r = t e w d the death of a human being, twelve thousand five hundred mdollars a($12,500); n o d m :

b r e t º o t n = .213272.3 s k m e - 16 - e a n e d r e l u [ A d dollars ($12,500);

(6) for a second degree felony for sexual HJC/HB 342/a Page 15 exploitation of children, five thousand dollars ($5,000);

When the court imposes a sentence of h imprisonment for a felony offense, the court shall indicate g o whether or not the offense is a serious violent offense, as t hr g e i k defined in Section 33-2-34 NMSA 1978.

The court shall inform h r i s an offender that the offender's sentence of imprisonment is h , t, subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 e u g e b l and 33-2-38 NMSA 1978.

If the court fails to inform an e e h n d d i = = o h offender that the offender's sentence is subject to those l ] b ,d i a º e provisions or if the court provides the offender with erroneous r i = r t e w d information regarding those provisions, the failure to inform mor the error shall not provide a nbasis ofor da mwrit :of habeas corpus.

b e d s º o t n = .213272.3 s k m e - 17 - e a n e d r e l u [ A d HJC/HB 342342/a orPage the16 errorG. shall not provide a basis for a writ of habeas corpus.

G.

Section 31-22-7 NMSA 1978 (being Laws 1981, h Chapter 325, Section 7, as amended) is amended to read:

g o "31-22-7.

ELIGIBILITY FOR REPARATION.-- t hr g e i k A.

[In the event any] If a person is injured or h r i s killed by [any ] an act or omission of [any other] another h , t, person coming within the criminal jurisdiction of the state e u g e b l e e h after [the effective date of the Crime Victims Reparation Act ] n d d i = = o h July 1, 19811981, , which act or omission includes a crime enumerated l ] b ,d i a º e in Section 31-22-8 NMSA 1978, and upon application for r i = r t e w d m a n o reparation, the commission may award reparation in accordance dwith mthe :Crime Victims Reparation Act:

b e d s º o t n = .213272.3 s k m e - 18 - e a n e d r e l u [ A d with the Crime Victims Reparation Act:

HJC/HB 342/a Page 17 (2) in the case of the victim's death, to or for the benefit of any one or more of the deceased victim's dependents;

For the purpose of the Crime Victims Reparation Act, a person shall be deemed to have intentionally committed an act or omission constituting a crimecrime, , notwithstanding that by reason of age, insanity, drunkenness or otherwise [he ] the person was legally incapable of forming a criminal intent.

The commission shall consider the behavior of the victim and whether, because of provocation or otherwise, the victim bears responsibility for the act or omission constituting a crime that caused [his] the victim's injury or death and shall reduce the amount of reparation in h accordance with its assessment of the degree of responsibility g o attributable to the victim.

t hr g e i k D.

An order may be made under this section whether h r i s or not any person is prosecuted for or convicted of a crime h , t, enumerated in Section 31-22-8 NMSA 1978;

provided an arrest has e u g e b l been made or the act or omission constituting [such ] a crime e e h n d d i = = o h has been reported to the police in a reasonable time or the act l ] b ,d i a º e or omission constituting a crime has been reported to a rHJC/HB i342/a =Page r18 tlicensed emedical, w d SPACºlicensed»SPAC medical SPACº, or»SPAC mental health mor acounseling nprovider, oor dtribal mhealth :provider.

b e d s º o t n = .213272.3 s k m e - 19 - e a n e d r e l u [ A d HJC/HB 342 SPACºcare or counseling»SPAC provider SPACº, victim counselor or other counseling or tribal health»SPAC provider.

Upon application from the district attorney of the appropriate district, the commission may suspend proceedings under the Crime Victims Reparation Act for such period as it deems desirable on the [ground ] grounds that a h prosecution for the act or omission constituting a crime has g o commenced or is imminent." tSECTION hr g e i k SPACºSECTION 9.

Section 31-22-14 NMSA 1978 (being Laws h r i s 1981, Chapter 325, Section 14, as amended) is amended to read:

h , t, "31-22-14.

LIMITATIONS ON AWARD--COLLATERAL RECOVERY-- e u g e b l e e h PRELIMINARY AWARD.-- n d d i = = o h A.

No order for the payment of reparation shall be l ] b ,d i a º e made unless application has been made within two years after r i = r t e w d m a n o the date of the injury or death and the injury or death was the dresult mof :a crime enumerated in Section 31-22-8 NMSA HJC/HB 342/a Page 19 1978.

b e d s º o t n = .213272.3 s k m e - 20 - e a n e d r e l u [ A d result of a crime enumerated in Section 31-22-8 NMSA 1978 [that had been reported to the police within thirty days after its occurrence unless a longer period is allowed pursuant to Subsection F of this section].

[TheB. date of incident for minors who are victims of these types of criminal activity shall be the date the victim attains the age of eighteen years or the date that the criminal activity is reported to a law enforcement agency, whichever occurs first.

TheNo commissionaward mayof extendreparation shall be in excess of twenty thousand dollars ($20,000) per victim, except that the timecommission formay filingaward up to an applicationadditional thirty thousand dollars ($30,000) for goodextraordinary causepecuniary shownlosses, byif the personal injury to a claimantvictim oris catastrophic and results in a victim.]permanent B.total disability.

NoThe awardextraordinary oflosses reparationcompensated shall be in excess of twenty thousand dollars ($20,000) per victim, except that the commission may awardinclude: up to an additional thirty thousand h g dollars ($30,000) for extraordinary pecuniary losses, if the o t hr personal injury to a victim is catastrophic and results in a g e i k permanent total disability.

The(1) extraordinaryloss lossesof hwages; r i s h compensated may include:

,(2) t,the ecost uof ghome (1)health losscare; of wages;

e(3) b l e e h (2) the cost of making a home healthor care;automobile accessible;

n(4) d d i = = o h (3) the cost of makingtraining ain homethe oruse automobileof lspecial ]application; b ,d i a º e r i = r accessible;

t e w d m a n o (4) the cost of training in the use of special d m :

b e d s º o t n = .213272.3 s k m e - 21 - e a n e d r e l u [ A d HJC/HB 342 application;

Except as provided by Subsection E of this section, the commission shall deduct from any reparation awarded any payments received from a collateral source or from the United States or the state or any of its political HJC/HB 342/a Page 20 subdivisions for injury or death subject to reparation under the Crime Victims Reparation Act.

If the claimant receives an award of reparation from the commission and also receives an award pursuant to a civil judgment arising from a criminal occurrence for which a h reparation award was paid, the claimant shall refund to the u » r t h state the amount of the reparation paid to the claimant.

The g e l i commission may negotiate a reasonable settlement regarding h r i s repayment of the reparation award if special circumstances h , e h t u g exist.

e b l e e , gh E.

If it appears that a final award of reparation n d d i = = o h will be made by the commission, a preliminary award may be l ] b ,d i a º r e r = authorized by the director of the commission or the t e w d m a n o commission's designee when the commission chair concurs.

The damount mof :the preliminary award shall be deducted from any final award made by the commission." SECTION 10.

b r e t º o t n = .213272.3 s k m e - 22 - e a n e d r e l u [ A d amount of the preliminary award shall be deducted from any final award made by the commission.

[F.

The commission may grant a waiver to the requirement in Subsection A of this section that a crime be reported to the police within thirty days of its occurrence for:

(1) a victim of domestic violence or sexual assault if reported to the police within one hundred eighty days of the occurrence;

or (2) a crime against a child that was reported within thirty days of its occurrence to the children, youth and families department, a domestic violence or sexual assault service provider, a teacher or a health care provider;

provided that a police report shall be filed before the commission approves payment.] SECTION 10.

hHJC/HB g342/a Page 21 A.

be treated with fairness and respect for the o t hr victim's dignity and privacy throughout the criminal justice g e i k process;

h r i s h B.

, t, e u g C.

be reasonably protected from the accused e b l e e h throughout the criminal justice process;

n d d i = = o h D.

l ] b ,d i a º e r i = r E.

attend all public court proceedings the accused t e w d m a n o has the right to attend;

dF. m :

b e d s º o t n = .213272.3 s k m e - 23 - e a n e d r e l u [ A d HJC/HB 342 F.

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 hHJC/HB g342/a Page 22 victim's property;

[and] o t hr L.

be informed by the court at a sentencing g e i k proceeding that the offender is eligible to earn meritorious h r i s h deductions from the offender's sentence and the amount of , t, e u g meritorious deductions that may be earned by the offender;

and e b l e e h M.

be notified by the district attorney of the n d d i = = o h l ] b ,d availability of and procedures to apply for crime victims ireparation." a º e r i = r reparation."»SPAC t e w d m a n o SECTION SPACº11. 9.

11.»SPAC A new section of Chapter 60, dArticle m7B :NMSA 1978 is enacted to read:

b"SUBSTANCE-RELATED ePOISONING dPREVENTION--LIMITED sIMMUNITY.-- ºA. o t n = .213272.3 s k m e - 24 - e a n e d r e l u [ A d Article 7B NMSA 1978 is enacted to read:

"[NEWA MATERIAL]person SUBSTANCE-RELATEDwho, POISONINGin PREVENTION--good LIMITEDfaith, IMMUNITY.--seeks A.medical assistance for someone experiencing an alcohol- or drug- related overdose shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was obtained as a result of the need for seeking medical assistance:

A person who, in good faith, seeks medical assistance for someone experiencing an alcohol- or drug-related overdose shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was obtained as a result of the need for seeking medical assistance:

HJC/HB 342/a Page 23 B.

A person who experiences an alcohol- or drug- related overdose and is in need of medical assistance shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence h for the alleged violation was obtained as a result of the g o overdose and the need for seeking medical assistance:

t hr g e i k (1) the provisions of Section 60-7B-1 or h r i s 60-7B-9 NMSA 1978;

h , t, (2) a restraining order;

or e u g e b l (3) the conditions of probation or parole.

e e h n d d i = = o h C.

The act of seeking medical assistance for l ] b ,d i a º e someone who is experiencing an alcohol- or drug-related r i = r t e w d overdose may be used as a mitigating factor in a criminal mprosecution apursuant nto othe dLiquor mControl :Act for which immunity is not provided pursuant to this section.

b e d s º o t n = .213272.3 s k m e - 25 - e a n e d r e l u [ A d HJC/HB 342 prosecution pursuant to the Liquor Control Act for which immunity is not provided pursuant to this section.

or (2) assisting an individual who is reporting an alcohol- or drug-related overdose or providing care to an individual who is experiencing an alcohol- or drug-related HJC/HB 342/a Page 24 overdose or other medical emergency while awaiting the arrival of a health care provider." SECTION SPACº12. 10.

12.»SPAC [NEW MATERIAL] SHORT TITLE.--TITLE.--Sections Sections SPACº 10 through 13 12 through 15»SPAC15 of this act may be cited as the "Accurate Eyewitness Identification Act".

h SECTION SPACº11.13.

13.»SPAC [NEW MATERIAL] g o t hr DEFINITIONS.--As used in the Accurate Eyewitness Identification g e i k Act:

h r i s A.

"administrator" means a person conducting a h , t, photo lineup or live lineup;

e u g e b l e e h B.

"blind" means the administrator does not know n d d i = = o h the identity of the suspect;

l ] b ,d i a º e C.

"blinded" means the administrator may know who r i = r t e w d m a n o the suspect is but does not know which lineup member is being dviewed mby :the eyewitness;

b e d s º o t n = .213272.3 s k m e - 26 - e a n e d r e l u [ A d viewed by the eyewitness;

HJC/HB 342/a Page 25 G.

h H.

"showup" means an identification procedure in g o which an eyewitness is presented with a single suspect for the t hr g e i k purpose of determining whether the eyewitness identifies this h r i s individual as the perpetrator;

and h , t, I.

"suspect" means a person believed by law e u g e b l enforcement to be the possible perpetrator of the crime.

e e h n d d i = = o h SECTION SPACº14. 12.

14.»SPAC [NEW MATERIAL] EYEWITNESS l ] b ,d i a º e IDENTIFICATION PROCEDURES.-- r i = r t e w d A.

Not later than January 1, 2020, a criminal mjustice entity conducting eyewitness identification procedures shall adopt and comply with written policies for using an eyewitness to make a ndecision oabout dwhether ma :suspect is the perpetrator of a crime upon viewing the suspect in person in a live lineup or showup or upon viewing a representation of the suspect in a photo lineup.

b e d s º o t n = .213272.3 s k m e - 27 - e a n e d r e l u [ A d HJC/HB 342 justice entity conducting eyewitness identification procedures shall adopt and comply with written policies for using an eyewitness to make a decision about whether a suspect is the perpetrator of a crime upon viewing the suspect in person in a live lineup or showup or upon viewing a representation of the suspect in a photo lineup.

Each governmental entity in New Mexico that administers eyewitness identification procedures shall provide a copy of its written policies to the secretary of public safety no later than February 1, 2020 and the HJC/HB 342/a Page 26 secretary shall make those policies available to the public.

In developing and revising policies pursuant to this section, a law enforcement agency shall adopt those h practices shown by reliable evidence to enhance the accuracy of u » r identification procedures.

Each governmental entity in New t h g e Mexico that administers eyewitness identification procedures l i h r i s shall submit its updated written policies to the secretary of h , e h public safety no later than February 1 of each odd-numbered t u g e b l year.

e e , gh n d d i = = o h E.

A law enforcement agency shall include in l ] b ,d i a º r policies adopted pursuant to this section practices to enhance e r = t e w d the objectivity and reliability of eyewitness identifications mand ato nminimize othe dpossibility mof :mistaken identifications, including the following:

b r e t º o t n = .213272.3 s k m e - 28 - e a n e d r e l u [ A d and to minimize the possibility of mistaken identifications, including the following:

HJC/HB 342/a Page 27 (3) providing the eyewitness with instructions that minimize the likelihood of an inaccurate identification, including that the perpetrator may or may not be in the identification procedure and that the investigation will continue regardless of whether an identification is made;

h (5) using at least four fillers in a live g o lineup and at least five fillers in a photo lineup;

t hr g e i k (6) ensuring, when practicable, that a h r i s photograph of the suspect used in a photo lineup is h , t, contemporary and resembles the suspect's appearance at the time e u g e b l of the offense;

e e h n d d i = = o h (7) presenting separate photo lineups and live l ] b ,d i a º e lineups when there are multiple eyewitnesses, ensuring that the r i = r t e w d same suspect is placed in a different position for each midentification aprocedure; n o d m :

b e d s º o t n = .213272.3 s k m e - 29 - e a n e d r e l u [ A d HJC/HB 342 identification procedure;

HJC/HB 342/a Page 28 (9) minimizing factors at any point in time that influence an eyewitness to identify a suspect or affect the eyewitness's confidence level in identifying a suspect, including verbal or nonverbal statements by or reactions from the administrator;

(a) identifying the circumstances under h which a showup is warranted;

g o (b) transporting the eyewitness to a t hr g e i k neutral, non-law enforcement location where the detained h r i s suspect is being held;

h , t, (c) removing the suspect from the law e u g e b l e e h enforcement squad car;

n d d i = = o h (d) removing restraints from the suspect l ] b ,d i a º e when the suspect is being observed by the eyewitness;

and r i = r t e w d (e) administering the showup procedure mclose ain ntime oto dthe mcommission :of the crime;

b(12) evideo drecording sthe ºentirety oof tthe nphoto =lineup .213272.3and slive klineup mand, ewhere -practicable, 30the -showup eprocedure, aunless nthe erecording dequipment ris enot lHJC/HB u342/a [Page A29 dreasonably closeavailable inor timethe torecording theequipment commissionfails ofand theobtaining crime;replacement equipment is not feasible;

(12) video recording the entirety of the photo lineup and live lineup and, where practicable, the showup procedure, unless the recording equipment is not reasonably available or the recording equipment fails and obtaining replacement equipment is not feasible;

SECTION SPACº15. 13.

15.»SPAC [NEW MATERIAL] TRAINING OF LAW ENFORCEMENT OFFICERS.--The secretary of public safety shall create, administer and conduct training programs for law enforcement officers and recruits on the methods and technical aspects of the eyewitness identification practices and procedures shown by reliable evidence to enhance the accuracy h of eyewitness evidence referenced in the Accurate Eyewitness g o Identification Act.

t hr g e i k SECTION SPACº16. 14.

16.»SPAC [NEW MATERIAL] LEGISLATION TO h r i s INCREASE, DECREASE OR CREATE PERIODS OF IMPRISONMENT--FISCAL h , t, IMPACT STATEMENTS--PROCEDURE.--STATEMENTS-- ePROCEDURE.-- u g e b l e e h A.

The New Mexico sentencing commission shall n d d i = = o h prepare a fiscal impact statement as provided in this section l ] b ,d i a º e for a bill that:

r i = r t e w d (1) creates a new crime or repeals an existing mcrime afor nwhich oimprisonment dis mauthorized; :

bHJC/HB e342/a dPage s30 º(2) oincreases tor ndecreases =the .213272.3period sof kimprisonment mauthorized e - 31 - e a n e d r e l u [ A d HJC/HB 342 crime for whichan imprisonmentexisting iscrime; authorized;

(2) increases or decreases the period of imprisonment authorized for an existing crime;

The fiscal impact statement shall include details concerning any increase or decrease in h the inmate population.

g o C.

If the New Mexico sentencing commission does not t hr g e i k have sufficient information to project the fiscal impact, the h r i s fiscal impact statement shall state that there is insufficient h , t, information to estimate the fiscal impact.

e u g e b l e e h D.

The corrections department shall annually n d d i = = o h provide the New Mexico sentencing commission with:

l ] b ,d i a º e (1) the average operating costs per inmate and r i = r t e w d the number of inmates in adult correctional facilities;

and mHJC/HB a342/a nPage o31 d(2) madmissions :and release data for all inmates in adult correctional facilities.

b e d s º o t n = .213272.3 s k m e - 32 - e a n e d r e l u [ A d (2) admissions and release data for all inmates in adult correctional facilities.

As used in this section, "operating costs" means all costs other than capital outlay costs for state-operatedstate- operated adult correctional facilities and privately operated adult correctional facilities.

SECTION SPACº17. 15.

17.»SPAC EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

-HJC/HB 33342/a -Page h32 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .213272.3 s k m e e a n e d r e l u [ A d