HB 271

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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.

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:

"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:

"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."

HB 271

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