Except for amounts payable pursuant to Subsection D of Section 31-22-9 NMSA 1978, no reparation shall be awarded if the victim:
A. was a member of the offender's family relationship group where payment of reparation would unjustly enrich the offender; or
B. was an accomplice of the offender.
History: Laws 1981, ch. 325, § 10; 1989, ch. 246, § 6; 1990, ch. 10, § 3.
The 1990 amendment, effective May 16, 1990, deleted former Subsection A which read "is a relative of the offender" and redesignated former Subsections B and C as present Subsections A and B.
The 1989 amendment, effective June 16, 1989, added "Except for amounts payable pursuant to Subsection D of Section 31-22-9 NMSA 1978" at the beginning of the undesignated introductory paragraph, and added all of the language of Subsection B following "group".
Structure New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 22 - Crime Victims Reparations
Section 31-22-1 - Short title.
Section 31-22-3 - Definitions.
Section 31-22-4 - Crime victims reparation commission created; membership; reimbursement.
Section 31-22-5 - Claims; review; hearings and evidence.
Section 31-22-6 - Medical examination; attorneys' fees; penalty.
Section 31-22-7 - Eligibility for reparation.
Section 31-22-8 - Crimes enumerated.
Section 31-22-9 - Award of reparation.
Section 31-22-10 - Relationship to offender.
Section 31-22-11 - No award to certain confined persons.
Section 31-22-12 - Recovery from offender.
Section 31-22-13 - Terms of order.
Section 31-22-14 - Limitations on award; collateral recovery; preliminary award.
Section 31-22-15 - Exemption from execution.
Section 31-22-16 - Survival or abatement.
Section 31-22-17 - Rule-making powers.
Section 31-22-18 - Confidentiality of records, reports and claim files.
Section 31-22-19 - Annual report.
Section 31-22-21 - Crime victims reparation fund created; purposes.
Section 31-22-22 - Distribution of money received as result of crime; escrow account.