SB0331

SENATE BILL 331

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Antoinette Sedillo Lopez and Crystal Brantley

AN ACT

RELATING TO DOMESTIC VIOLENCE CRIMINAL OFFENSES; AMENDING SECTIONS 30-3-12 THROUGH 30-3-14, 30-3-17 AND 30-3-18 NMSA 1978 (BEING LAWS 1995, CHAPTER 221, SECTIONS 3 THROUGH 5, LAWS 2008, CHAPTER 16, SECTION 4 AND LAWS 2009, CHAPTER 255, SECTION 2) AND SUBSECTIONS E AND F OF SECTION 40-13-6 NMSA 1978 (BEING LAWS 1987, CHAPTER 286, SECTION 6, AS AMENDED); PROVIDING THAT A PERSON CONVICTED OF AND SENTENCED FOR CRIMINAL OFFENSES PROVIDED IN THOSE SECTIONS SHALL PARTICIPATE IN AND COMPLETE A DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAM APPROVED BY THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; PROVIDING THAT A PERSON WHO VIOLATES A CONDITION OF PROBATION ORDERED PURSUANT TO A SUSPENDED OR DEFERRED SENTENCE MAY BE SUBJECT TO ANY SENTENCE THE COURT COULD ORIGINALLY HAVE IMPOSED AND NOT RECEIVE CREDIT FOR TIME SERVED ON PROBATION; MAKING CONFORMING AMENDMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 30-3-12 NMSA 1978 (being Laws 1995, Chapter 221, Section 3) is amended to read:

"30-3-12. ASSAULT AGAINST A HOUSEHOLD MEMBER.--

A. Assault against a household member consists of:

(1) an attempt to commit a battery against a household member; or

(2) any unlawful act, threat or menacing conduct that causes a household member to reasonably believe that [he] the household member is in danger of receiving an immediate battery.

B. Whoever commits assault against a household member is guilty of a petty misdemeanor.

C. Upon conviction pursuant to this section, an offender shall be required to participate in and complete a domestic violence offender treatment or intervention program approved by the children, youth and families department pursuant to rules promulgated by the department that define the criteria for such programs.

D. Notwithstanding any provision of law to the contrary, if a sentence imposed pursuant to this section is suspended or deferred in whole or in part, the period of probation may extend beyond one hundred eighty-two days but shall not exceed one year. If an offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed, and credit shall not be given for time served by the offender on probation; provided that the total period of incarceration shall not exceed one hundred eighty-two days and the combined period of incarceration and probation shall not exceed one year."

SECTION 2. Section 30-3-13 NMSA 1978 (being Laws 1995, Chapter 221, Section 4) is amended to read:

"30-3-13. AGGRAVATED ASSAULT AGAINST A HOUSEHOLD MEMBER.--

A. Aggravated assault against a household member consists of:

(1) unlawfully assaulting or striking at a household member with a deadly weapon; or

(2) willfully and intentionally assaulting a household member with intent to commit any felony.

B. Whoever commits aggravated assault against a household member is guilty of a fourth degree felony.

D. Notwithstanding any provision of law to the contrary, if a sentence imposed pursuant to this section is suspended or deferred in whole or in part and an offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed, and credit shall not be given for time served by the offender on probation; provided that the combined period of incarceration and probation shall not exceed the maximum period of incarceration for the sentence that was suspended or deferred."

SECTION 3. Section 30-3-14 NMSA 1978 (being Laws 1995, Chapter 221, Section 5) is amended to read:

"30-3-14. ASSAULT AGAINST A HOUSEHOLD MEMBER WITH INTENT TO COMMIT A VIOLENT FELONY.--

A. Assault against a household member with intent to commit a violent felony consists of any person assaulting a household member with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery, kidnapping, false imprisonment or burglary.

B. Whoever commits assault against a household member with intent to commit a violent felony is guilty of a third degree felony.

SECTION 4. Section 30-3-17 NMSA 1978 (being Laws 2008, Chapter 16, Section 4) is amended to read:

"30-3-17. MULTIPLE CONVICTIONS OF BATTERY OR AGGRAVATED

BATTERY.--

A. Whoever commits three offenses of battery against a household member as provided in Section 30-3-15 NMSA 1978 or aggravated battery against a household member as provided in Subsection B of Section 30-3-16 NMSA 1978, or any combination thereof, when the household member is a spouse, a former spouse, a co-parent of a child or a person with whom the offender has had a continuing personal relationship is guilty of a fourth degree felony.

B. Whoever commits four or more offenses of battery against a household member as provided in Section 30-3-15 NMSA 1978 or aggravated battery against a household member as provided in Subsection B of Section 30-3-16 NMSA 1978, or any combination thereof, when the household member is a spouse, a former spouse, a co-parent of a child or a person with whom the offender has had a continuing personal relationship is guilty of a third degree felony.

C. For the purpose of determining the number of offenses committed, each offense must have been committed after conviction for the preceding offense.

D. Upon conviction pursuant to this section, an offender shall be required to participate in and complete a domestic violence offender treatment or intervention program approved by the children, youth and families department pursuant to rules promulgated by the department that define the criteria for such programs.

E. Notwithstanding any provision of law to the contrary, if a sentence imposed pursuant to this section is suspended or deferred in whole or in part and an offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed, and credit shall not be given for time served by the offender on probation; provided that the combined period of incarceration and probation shall not exceed the maximum period of incarceration for the sentence that was suspended or deferred."

SECTION 5. Section 30-3-18 NMSA 1978 (being Laws 2009, Chapter 255, Section 2) is amended to read:

"30-3-18. CRIMINAL DAMAGE TO PROPERTY OF HOUSEHOLD MEMBER--DEPRIVATION OF PROPERTY OF HOUSEHOLD MEMBER.--

A. Criminal damage to the property of a household member consists of intentionally damaging real, personal, community or jointly owned property of a household member with the intent to intimidate, threaten or harass that household member.

B. Whoever commits criminal damage to the property of a household member is guilty of a misdemeanor, except that when the damage to the household member's interest in the property amounts to more than one thousand dollars ($1,000), the offender is guilty of a fourth degree felony.

C. Deprivation of the property of a household member consists of intentionally depriving a household member of the use of separate, community or jointly owned personal property of the household member with the intent to intimidate or threaten that household member.

D. Whoever commits deprivation of the property of a household member is guilty of a misdemeanor.

E. Upon conviction pursuant to this section, an offender shall be required to participate in and complete a domestic violence offender treatment or intervention program approved by the children, youth and families department pursuant to rules promulgated by the department that define the criteria for such programs.

F. Notwithstanding any provision of law to the contrary:

(1) if an offender is convicted of a misdemeanor pursuant to this section and the sentence imposed is suspended or deferred in whole or in part, the period of probation may extend beyond three hundred sixty-four days but shall not exceed two years; provided that if the offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed, and credit shall not be given for time served by the offender on probation; and provided further that the total period of incarceration shall not exceed three hundred sixty-four days and the combined period of incarceration and probation shall not exceed two years; and

(2) if an offender is convicted of a felony pursuant to this section and the sentence imposed is suspended or deferred in whole or in part and the offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed, and credit shall not be given for time served by the offender on probation; provided that the combined period of incarceration and probation shall not exceed the maximum period of incarceration for the sentence that was suspended or deferred."

SECTION 6. Section 40-13-6 NMSA 1978 (being Laws 1987, Chapter 286, Section 6, as amended) is amended to read:

"40-13-6. SERVICE OF ORDER--DURATION--PENALTY--REMEDIES NOT EXCLUSIVE.--

A. An order of protection granted under the Family Violence Protection Act shall be filed with the clerk of the court, and a copy shall be sent by the clerk to the local law enforcement agency. The order shall be personally served upon the restrained party, unless the restrained party or the restrained party's attorney was present at the time the order was issued. The order shall be filed and served without cost to the protected party.

B. A local law enforcement agency receiving an order of protection from the clerk of the court that was issued under the Family Violence Protection Act shall have the order entered in the national crime information center's order of protection file within seventy-two hours of receipt. This does not include temporary orders of protection entered pursuant to the provisions of Section 40-13-4 NMSA 1978.

C. An order of protection granted by the court involving custody or support shall be effective for a fixed period of time not to exceed six months. The order may be extended for good cause upon motion of the protected party for an additional period of time not to exceed six months. Injunctive orders shall continue until modified or rescinded upon motion by either party or until the court approves a subsequent consent agreement entered into by the parties.

D. A peace officer may arrest without a warrant and take into custody a restrained party [whom] who the peace officer has probable cause to believe has violated an order of protection that is issued pursuant to the Family Violence Protection Act or entitled to full faith and credit.

E. A restrained party convicted of violating an order of protection granted by a court under the Family Violence Protection Act is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978. Upon a second or subsequent conviction, an offender shall be sentenced to a jail term of not less than seventy-two consecutive hours that shall not be suspended, deferred or taken under advisement. Notwithstanding any provision of law to the contrary, if a sentence imposed pursuant to this subsection is suspended or deferred in whole or in part, the period of probation may extend beyond three hundred sixty-four days but shall not exceed two years; provided that if an offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed, and credit shall not be given for time served by the offender on probation; and provided further that the total period of incarceration shall not exceed three hundred sixty-four days and the combined period of incarceration and probation shall not exceed two years.

F. In addition to any other punishment provided in the Family Violence Protection Act, the court shall order a person convicted to make full restitution to the party injured by the violation of an order of protection and shall order the person convicted to participate in and complete a [program of professional counseling, at the person's own expense, if possible] domestic violence offender treatment or intervention program approved by the children, youth and families department pursuant to rules promulgated by the department that define the criteria for such programs.

G. In addition to charging the person with violating an order of protection, a peace officer shall file all other possible criminal charges arising from an incident of domestic abuse when probable cause exists.

H. The remedies provided in the Family Violence Protection Act are in addition to any other civil or criminal remedy available to the protected party or the state."

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