SENATE BILL 208

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Clemente Sanchez

 

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF MAKING A FALSE REPORT OF DOMESTIC VIOLENCE ABUSE; PROVIDING A PENALTY.

 

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

     SECTION 1. A new section of Chapter 30, Article 39 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] FALSE REPORT OF DOMESTIC VIOLENCE.--

          A. Making a false report of domestic violence abuse consists of knowingly reporting a false statement of domestic violence:

                (1) to:

                     (a) a law enforcement agency; or

                     (b) another person with the intent that the person told the statement make a report of domestic violence abuse to a law enforcement agency; and

                (2) with the intent to gain monetary or property incentives, to gain an award of child custody or to procure a restraining order or with the intent of withholding information that would exonerate the individual accused of committing domestic violence.

          B. Whoever commits making a false report of domestic violence abuse is guilty of a fourth degree felony.

          C. As used in this section:

                (1) "domestic violence abuse" means any of the following offenses:

                     (a) assault against a household member, as provided in Section 30-3-12 NMSA 1978;

                     (b) aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978;

                     (c) assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978;

                     (d) battery against a household member, as provided in Section 30-3-15 NMSA 1978;

                     (e) aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978;

                     (f) multiple convictions of battery or aggravated battery, as provided in Section 30-3-17 NMSA 1978; and

                     (g) criminal damage to the property of a household member and deprivation of the property of a household member, as provided in Section 30-3-18 NMSA 1978; and

                (2) "law enforcement agency" means a law enforcement agency and its employees of the state or a political subdivision of the state."

     SECTION 2. Section 30-39-1 NMSA 1978 (being Laws 1979, Chapter 145, Section 1) is amended to read:

     "30-39-1. FALSE REPORT--PENALTY.--Except as provided in Section 1 of this 2020 act, it is unlawful for [any] a person to intentionally make a report to a law enforcement agency or official, which report [he] the person knows to be false at the time of making it, alleging a violation by another person of the provisions of the Criminal Code. [Any] A person violating the provisions of this section is guilty of a misdemeanor."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.

- 3 -