HB0296

HOUSE BILL 296

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Antonio "Moe" Maestas

AN ACT

RELATING TO CRIMINAL LAW; CLARIFYING AND AMENDING THE ELEMENTS OF RECKLESS ABUSE OF A CHILD AND INTENTIONAL ABUSE OF A CHILD; ADJUSTING PENALTIES; PROVIDING THAT INTENTIONAL ABUSE OF A CHILD BY THE CHILD'S PARENT, GUARDIAN OR CUSTODIAN THAT RESULTS IN THE CHILD'S DEATH IS A FIRST DEGREE FELONY RESULTING IN THE DEATH OF A CHILD.

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

SECTION 1. Section 30-6-1 NMSA 1978 (being Laws 1973, Chapter 360, Section 10, as amended) is amended to read:

"30-6-1. [ABANDONMENT OR ABUSE OF A CHILD] DEFINITIONS.--[A.] As used in [this section] Chapter 30, Article 6 NMSA 1978:

[(1)] A. "child" means a person who is [less] younger than eighteen years of age;

[(2) "neglect" means that a child is without proper parental care and control of subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parents, guardian or custodian or their neglect or refusal, when able to do so, to provide them;]

B. "intentionally" describes acts that are done purposefully and with a conscious objective to endanger or abuse a child, even if the person did not intend the resulting harm; and

[(3) "negligently"] C. "recklessly" refers to criminal negligence and [means that a] describes acts that disregard a substantial, foreseeable risk, where the person knew [or should have known] of the danger involved and acted with a reckless disregard for the safety or health of the child.

[B. Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect. A person who commits abandonment of a child is guilty of a misdemeanor, unless the abandonment results in the child's death or great bodily harm, in which case the person is guilty of a second degree felony.

C. A parent, guardian or custodian who leaves an infant less than ninety days old in compliance with the Safe Haven for Infants Act shall not be prosecuted for abandonment of a child.

D. Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to be:

(1) placed in a situation that may endanger the child's life or health;

(2) tortured, cruelly confined or cruelly punished; or

(3) exposed to the inclemency of the weather.

E. A person who commits abuse of a child that does not result in the child's death or great bodily harm is, for a first offense, guilty of a third degree felony and for second and subsequent offenses is guilty of a second degree felony. If the abuse results in great bodily harm to the child, the person is guilty of a first degree felony.

F. A person who commits negligent abuse of a child that results in the death of the child is guilty of a first degree felony.

G. A person who commits intentional abuse of a child twelve to eighteen years of age that results in the death of the child is guilty of a first degree felony.

H. A person who commits intentional abuse of a child less than twelve years of age that results in the death of the child is guilty of a first degree felony resulting in the death of a child.

I. Evidence that demonstrates that a child has been knowingly, intentionally or negligently allowed to enter or remain in a motor vehicle, building or any other premises that contains chemicals and equipment used or intended for use in the manufacture of a controlled substance shall be deemed prima facie evidence of abuse of the child.

J. Evidence that demonstrates that a child has been knowingly and intentionally exposed to the use of methamphetamine shall be deemed prima facie evidence of abuse of the child.

K. A person who leaves an infant less than ninety days old at a hospital may be prosecuted for abuse of the infant for actions of the person occurring before the infant was left at the hospital.]"

SECTION 2. A new Section 30-6-1.1 NMSA 1978 is enacted to read:

"30-6-1.1. [NEW MATERIAL] RECKLESS ABUSE OF A CHILD.--

A. Reckless abuse of a child consists of a person recklessly, and without justifiable cause, causing or permitting a child to be placed in a situation knowing that it may endanger the child's life or health, thereby creating or disregarding a substantial and foreseeable risk of significant harm to the child.

B. A person who commits reckless abuse of a child that does not result in physical injury to the child is guilty of a fourth degree felony.

C. A person who commits reckless abuse of a child that results in physical injury to the child that does not constitute great bodily harm is guilty of a third degree felony.

D. A person who commits reckless abuse of a child that results in great bodily harm to the child if the child is:

(1) under the age of twelve is guilty of a second degree felony; and

(2) twelve to eighteen years of age is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, the basic sentence of imprisonment is six years.

E. A person who commits reckless abuse of a child that results in the death of the child if the child is:

(1) under the age of twelve is guilty of a first degree felony; and

(2) twelve to eighteen years of age is guilty of a second degree felony resulting in the death of a human being."

SECTION 3. A new Section 30-6-1.2 NMSA 1978 is enacted to read:

"30-6-1.2. [NEW MATERIAL] INTENTIONAL ABUSE OF A CHILD.--

A. Intentional abuse of a child consists of a person knowingly and intentionally, and without justifiable cause, causing a child to be:

(1) placed in a situation that endangers the child's life or health, intending such endangerment; or

(2) tortured, cruelly confined or cruelly punished.

B. A person who commits intentional abuse of a child that does not result in physical injury to the child is guilty of a third degree felony.

C. A person who commits intentional abuse of a child that results in physical injury to the child that does not constitute great bodily harm is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, the basic sentence of imprisonment is six years.

D. A person who commits intentional abuse of a child that results in great bodily harm to the child if the child is:

(1) under the age of twelve is guilty of a second degree felony; and

(2) twelve to eighteen years of age is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, the basic sentence of imprisonment is six years.

E. A person who commits intentional abuse of a

child that results in the death of the child:

(1) if the person is the parent, guardian or custodian of the child, is guilty of a first degree felony resulting in the death of a child; or

(2) if the person is not the parent, guardian or custodian of the child and the child is:

(a) under the age of twelve, is guilty of a first degree felony resulting in the death of a child; or

(b) twelve to eighteen years of age, is guilty of a first degree felony."

SECTION 4. A new Section 30-6-1.3 NMSA 1978 is enacted to read:

"30-6-1.3. [NEW MATERIAL] PROSECUTION OF ABUSE OF A CHILD.--

A. Evidence that demonstrates that a child has been recklessly or intentionally exposed to the inclemency of the weather that presents a substantial and foreseeable risk of harm to the child's life or health shall be deemed prima facie evidence of abuse of the child.

B. Evidence that demonstrates that a person has knowingly and intentionally exposed a child to the use or consumption of methamphetamine shall be deemed prima facie evidence of abuse of the child.

C. A parent, guardian or custodian who leaves an infant ninety days of age or less in compliance with the Safe Haven for Infants Act shall not be prosecuted for abuse of a child."

SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.

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