HOUSE BILL 282

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Stefani Lord

AN ACT

RELATING TO ORDERS OF PROTECTION; PROVIDING FOR PERMANENT ORDERS OF PROTECTION FOR VICTIMS OF CERTAIN FELONY OFFENSES; PROVIDING PENALTIES.

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

     SECTION 1. [NEW MATERIAL] PERMANENT ORDERS OF PROTECTION FOR VICTIMS OF CERTAIN FELONY OFFENSES.--

          A. A victim of any of the following felony offenses may petition the court for a permanent order of protection against an offender who was convicted of:

                (1) assault, pursuant to Sections 30-3-1 through 30-3-20 NMSA 1978;

                (2) attempted murder, pursuant to Section 30-2-1 NMSA 1978;

                (3) kidnapping, pursuant to Sections 30-4-1 through 30-4-4 NMSA 1978;

                (4) sexual offenses, pursuant to Sections 30-9-1 through 30-9-21 NMSA 1978; or

                (5) sexual exploitation of children, pursuant to the Sexual Exploitation of Children Act.

          B. The petition shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the petitioner is a victim and the respondent has been found guilty of a felony listed in Subsection A of this section.

          C. The court shall cause a copy of the petition and notice of hearing to be served upon the respondent at least five days prior to the hearing.

          D. Standard simplified petition forms with instructions for completion shall be available to all parties. Law enforcement agencies shall keep such forms and make them available upon request to alleged victims of qualified crimes listed in Subsection A of this section.

          E. A petition filed by an unemancipated minor shall be signed by:

                (1) one of the unemancipated minor's parents;

                (2) the unemancipated minor's legal guardian;

                (3) the unemancipated minor's guardian ad litem; or

                (4) a caseworker at a not-for-profit organization that receives funds for family violence and child abuse prevention and shelters; provided, however, a petition filed under this paragraph may not be filed against the unemancipated minor's parent or legal guardian.

          F. Unless the court finds that the action would create a threat of serious harm to the unemancipated minor, the petition filed by an unemancipated minor and notice of hearing shall also be served on the parents of the unemancipated minor, or if the parents are not living together and jointly caring for the unemancipated minor, upon the primary residential parent.

          G. At the hearing on the petition, the court shall issue a permanent order of protection that remains in effect until the death of the petitioner or respondent if the petitioner has proved that the respondent was convicted of one of the offenses listed in Subsection A of this section and that the petitioner was a victim of the offense.

          H. A permanent order of protection shall:

                (1) include a statement that the respondent shall not initiate contact with the petitioner, either directly or indirectly, for any purpose;

                (2) include a statement of the maximum penalty that may be imposed for violating a permanent order of protection; and

                (3) be valid and enforceable in any county of the state.

          I. An arrest for violation of a permanent order of protection maybe be made without a warrant if:

                (1) the law enforcement officer has proper jurisdiction over the area in which the violation occurred;

                (2) the law enforcement officer has reasonable cause to believe the respondent violated or is in violation of a permanent order of protection; and

                (3) the law enforcement officer has verified a permanent order of protection is in effect against the respondent.

          J. Whoever violates the conditions of a permanent order of protection is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.

- 4 -