N.M. Admin. Code § 10.40.2.9

Current through Register Vol. 35, No. 20, October 22, 2024

Section 10.40.2.9 - DATE OF INCIDENT

A. For all purposes of administering applications, the date of the injury or death shall be the date of incident. The only exception to this is when the victim is a minor and the application is for an alleged violation of Section 30-6-1 NMSA 1978, Abandonment or Abuse of a Child, Section 30-9-11 NMSA 1978, Criminal Sexual Penetration or Section 30-9-13 NMSA 1978, Criminal Sexual Contact of a Minor when the injury or death was reported to law enforcement after July 1, 1991. The date of incident for these violations shall be the first day the victim attains the age of eighteen or the date the violation is reported to a law enforcement agency, whichever occurs first. The victim must report the crime to a law enforcement agency within thirty days of attaining the age of eighteen. However, in cases of domestic violence or sexual assault, the victim must report to law enforcement within 180 days of occurrence of the crime or in the case of a victim who is a minor of criminal sexual penetration or criminal sexual contact of a minor, the victim must report to law enforcement within 180 days of their eighteenth birthday.

B. Effective date of statutes: The effective date of statute changes shall be that which is prescribed by the constitution of the state of New Mexico.

C. The date of incident as stated in Subsection A of 10.40.2.9 NMAC of these regulations shall determine which statutes govern administering and payment of the application. No changes in statute shall affect an application unless the date of incident occurs on or after the effective date of the statute.

N.M. Admin. Code § 10.40.2.9

11/7/91, 3/14/98; 10.40.2.9 NMAC - Rn & A, 10 NMAC 40.2.9, 08/31/06