REVISE CERTAIN CRIMINAL OFFENSE DEFINITIONS

HB0060

HOUSE BILL 60

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Nicole Chavez
and
Andrea Reeb
and
William A. Hall
II

AN ACT

RELATING TO CRIME; REVISING THE DEFINITION OF "CRIMINAL
OFFENSE" FOR THE PURPOSE OF THE VICTIMS OF CRIME ACT TO INCLUDE
CERTAIN CRIMES AGAINST A PEACE OFFICER.

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

SECTION 1.
Section 31-26-3 NMSA 1978 (being Laws 1994,
Chapter 144, Section 3, as amended) is amended to read:

"31-26-3. DEFINITIONS.--As used in the Victims of Crime
Act:

A. "court" means magistrate court, metropolitan
court, children's court, district court, the court of appeals
or the supreme court;

B. "criminal offense" means:

(1) negligent arson resulting in death or
bodily injury, as provided in
Paragraph (1) of
Subsection [
B
]
G

of Section 30-17-5 NMSA 1978;

(2) aggravated arson, as provided in Section

30-17-6 NMSA 1978;

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

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

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

(6) negligent use of a deadly weapon, as
provided in Section 30-7-4 NMSA 1978;

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

(8) voluntary manslaughter, as provided in

Subsection A of
Section 30-2-3 NMSA 1978;

(9) involuntary manslaughter, as provided in

Subsection B of
Section 30-2-3 NMSA 1978;

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

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

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

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

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

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

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

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

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

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

(20) battery against a household member, as
provided in Section 30-3-15 NMSA 1978; [
or
]

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

(22) aggravated assault upon a peace officer,
as provided in Section 30-22-22 NMSA 1978;

(23) assault with intent to commit a violent
felony upon a peace officer, as provided in Section 30-22-23
NMSA 1978;

(24) battery upon a peace officer, as provided
in Section 30-22-24 NMSA 1978; or

(25) aggravated battery upon a peace officer,
as provided in Section 30-22-25 NMSA 1978;

C. "court proceeding" means a hearing, argument or
other action scheduled by and held before a court;

D. "family member" means a spouse, child, sibling,
parent or grandparent;

E. "formally charged" means the filing of an
indictment, the filing of [
a
] criminal information pursuant to
a bind-over order, the filing of a petition or the setting of a
preliminary hearing;

F. "victim" means an individual against whom a
criminal offense is committed. "Victim" also means a family
member or a victim's representative when the individual against
whom a criminal offense was committed is a minor, is
incompetent or is a homicide victim; and

G. "victim's representative" means an individual
designated by a victim or appointed by the court to act in the
best interests of the victim."

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