SENATE BILL 45

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Daniel A. Ivey-Soto and Georgene Louis

AN ACT

RELATING TO PARENTAL RIGHTS; PROVIDING A PROCESS FOR TERMINATION OF PARENTAL RIGHTS WITH RESPECT TO A CHILD CONCEIVED AS A RESULT OF CRIMINAL SEXUAL PENETRATION; PROVIDING A PENALTY.

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

     SECTION 1. A new section of the Children's Code is enacted to read:

      "[NEW MATERIAL] TERMINATION OF PARENTAL RIGHTS--CONCEPTION RESULTING FROM CRIMINAL SEXUAL PENETRATION.--

          A. At any time, a biological parent may petition the court for termination of the parental rights of a child's other biological parent, where that other biological parent has been convicted of criminal sexual penetration and where the criminal sexual penetration resulted in the conception and birth of the child. The court shall grant the petition if the court determines by clear and convincing evidence that the child was conceived as a result of the criminal sexual penetration for which the other biological parent was convicted.

          B. In a proceeding that involves a child subject to the federal Indian Child Welfare Act of 1978, the grounds for any attempted termination shall be proved beyond a reasonable doubt and shall meet the requirements set forth in that act, and the court shall, in a termination order, make specific findings that those requirements were met.  

          C. As used in this section, "criminal sexual penetration" means criminal sexual penetration in the first, second or third degree pursuant to the laws of this state or an equivalent offense pursuant to the laws of another jurisdiction, territory or possession of the United States or an Indian nation, tribe or pueblo." 

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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