2018 New Mexico Statutes
Chapter 38 - Trials
Article 6A - Uniform Child Witness Protective Measures
Section 38-6A-6 - Factors for determining whether to permit alternative method.
If the presiding officer determines that a standard pursuant to Section 5 [38-6A-5 NMSA 1978] of the Uniform Child Witness Protective Measures Act has been met, the presiding officer shall determine whether to allow a child witness to testify by an alternative method and in doing so shall consider:
A. alternative methods reasonably available for protecting the interests of or reducing mental or emotional harm to the child;
B. available means for protecting the interests of or reducing mental or emotional harm to the child without resort to an alternative method;
C. the nature of the case;
D. the relative rights of the parties;
E. the importance of the proposed testimony of the child;
F. the nature and degree of mental or emotional harm that the child may suffer if an alternative method is not used; and
G. any other relevant factor.
History: Laws 2011, ch. 98, § 6.
Effective dates. — Laws 2011, ch. 98, § 11 made the Uniform Child Witness Protective Measures Act effective July 1, 2012.
Severability. — Laws 2011, ch. 98, § 10 provided that if any part or application of the Uniform Child Witness Protective Measures Act was held invalid, the remainder or its application to other situations or persons shall not be affected.
