SENATE BILL 44

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO ORDERS OF PROTECTION; CREATING A PILOT PROJECT IN THE SECOND JUDICIAL DISTRICT TO ASSESS THE EFFECTIVENESS OF USING EXCLUSION ZONES MONITORED BY A GLOBAL POSITIONING SATELLITE TRACKING SYSTEM UPON VIOLATION OF AN ORDER OF PROTECTION; MAKING AN APPROPRIATION.

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

     SECTION 1. A new section of the Family Violence Protection Act is enacted to read:

     "[NEW MATERIAL] ELECTRONICALLY MONITORED EXCLUSION ZONES PILOT PROJECT.--

          A. The second judicial district shall undertake a pilot project to assess the effectiveness of using a global positioning tracking system to monitor exclusion zones established upon violation of an order of protection. The exclusions zones shall be established and monitored pursuant to Subsections B through G of this section.

          B. When a restrained party has been found to have violated an order of protection, the court may, in addition to other remedies, establish geographic exclusion zones into which the restrained party shall not enter for, at a minimum, the duration of the order of protection. The scope and area encompassed by the exclusion zone shall be determined by the court and may include:

                (1) the protected party's residence;

                (2) the protected party's place of employment;

                (3) the protected party's school, college or other place for education or training;

                (4) the protected party's child's or children's school, college or other place for education or training, taking into account the underlying order of protection; and

                (5) other areas that the court determines are necessary for the safety of the protected party.

          C. If a restrained party enters an exclusion zone, the restrained party shall be considered to have violated the order of protection, unless the court finds that the entry into the exclusion zone was inadvertent or otherwise permissible.

          D. An order establishing an exclusion zone issued 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.

          E. To enforce the exclusion zones, the court may order that the restrained party wear a global positioning satellite tracking device designed to transmit and record the restrained party's location data. If the restrained party enters a court-defined exclusion zone, the restrained party's location data shall be immediately transmitted to the protected party, law enforcement and the corrections department.

          F. The second judicial district court shall operate, or contract with a third party to operate, a global positioning satellite tracking system. The global positioning satellite tracking system used pursuant to this section shall use the best available global positioning satellite technology with the capability to:

                (1) immediately notify law enforcement or other monitors of any breach of the court-ordered exclusion zone boundaries;

                (2) notify the protected party in near-real time of any breach;

                (3) allow monitors to speak to the restrained party through a cell phone or similar technology implanted in the global positioning system device; and

                (4) activate a loud alarm to warn the protected party of the restrained party's presence in an exclusion zone.

          G. Notwithstanding the provisions of Sections 40-13-5 and 40-13-6 NMSA 1978, a judge of the second judicial district may, in addition to other sanctions, order a person who has violated an order of protection to monitoring by a global positioning satellite tracking system pursuant to Subsection A of this section.

          H. The second judicial district may seek federal funding or other funding to support the global positioning tracking system monitoring of exclusion zones pilot project.

          I. After the pilot project has been established for two years, the legislative finance committee shall undertake an evaluation of the effectiveness of the program."

     SECTION 2. APPROPRIATION.--One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the second judicial district for expenditure in fiscal years 2017 through 2019 to carry out the global positioning tracking system monitoring of exclusion zones pilot project. Any unexpended or unencumbered balance remaining at the end of fiscal year 2019 shall revert to the general fund.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.

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