2019 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 1 - General Provisions
Section 30-1-15 - Alleged victims of domestic abuse, stalking or sexual assault; forbearance of costs.

A. An alleged victim of an offense specified in Subsection B of this section is not required to bear the cost of:

(1) the prosecution of a misdemeanor or felony domestic violence offense, including costs associated with filing a criminal charge against an alleged perpetrator of the offense;

(2) the filing, issuance or service of a warrant;

(3) the filing, issuance or service of a witness subpoena; or

(4) the filing, issuance, registration or service of a protection order.

B. The provisions of Subsection A of this section apply to:

(1) alleged victims of domestic abuse as defined in Section 40-13-2 NMSA 1978;

(2) sexual offenses described in Sections 30-9-11 through 30-9-14 and 30-9-14.3 NMSA 1978;

(3) crimes against household members described in Sections 30-3-12 through 30-3-16 NMSA 1978;

(4) harassment, stalking and aggravated stalking described in Sections 30-3A-2 through 30-3A-3.1 NMSA 1978; and

(5) the violation of an order of protection that is issued pursuant to the Family Violence Protection Act [Chapter 40, Article 13 NMSA 1978] or entitled to full faith and credit.

History: Laws 2002, ch. 34, § 1; 2002, ch. 35, § 1; 2008, ch. 40, § 1.

Cross references. — For costs of criminal processes associated with domestic abuse offenses, see 40-13-3.1 NMSA 1978.

The 2008 amendment, effective July 1, 2008, provided for cost-free prosecution of a misdemeanor or felony domestic violence offense, filing of a warrant and a witness subpoena, and the filing and registration of a protection order.