HOUSE BILL 271

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Antonio "Moe" Maestas

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE AND

THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO LAW ENFORCEMENT; REQUIRING LAW ENFORCEMENT TO IDENTIFY MINOR OR DEPENDENT CHILDREN UPON AN ARREST; PROVIDING FOR GUIDELINES AND A TRAINING PROGRAM FOR ENSURING CHILD SAFETY UPON THE ARREST OF A PARENT OR GUARDIAN; MAKING AN APPROPRIATION.

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

     Section 1. A new section of the Law Enforcement Training Act is enacted to read:

     "[NEW MATERIAL] ENSURING CHILD SAFETY UPON ARREST--TRAINING.--Training for ensuring child safety upon the arrest of a parent or guardian shall be included in the curriculum of each basic law enforcement training class and as a component of in-service training each year for certified police officers."

     Section 2. A new section of Chapter 31, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] IDENTIFICATION OF MINOR OR DEPENDENT CHILDREN UPON ARREST--REQUIRED INQUIRY--GUIDELINES.--

          A. A state or local law enforcement officer who arrests a person shall, at the time of the arrest, inquire whether the person is a parent or guardian of minor or dependent children who may be at risk as a result of the arrest. The officer shall make reasonable efforts to ensure the safety of minor or dependent children at risk as a result of an arrest in accordance with guidelines established by the department of public safety.

          B. The department of public safety, in consultation with the children, youth and families department, shall establish guidelines and a training program for law enforcement officers for ensuring child safety upon the arrest of a parent or guardian. The guidelines and training program shall include:

                (1) procedures to ensure that law enforcement officers inquire whether arrestees have minor or dependent children who may be present or at another location at the time of the arrest;

                (2) procedures for the proper arrangement of temporary care for children to ensure their safety and well-being; and

                (3) education on how the effects of witnessing a violent crime or other event causes emotional harm to children and how law enforcement can assist in mitigating the long-term effects of the trauma."

     Section 3. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the department of public safety for expenditure in fiscal year 2008 to develop guidelines, protocols and a training program for law enforcement officers on ensuring child safety upon the arrest of a parent or guardian. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.

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