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.
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