SENATE BILL 406

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

INTRODUCED BY

Harold Pope

 

 

 

 

 

AN ACT

RELATING TO JURISDICTION; PROVIDING FOR CONCURRENT JURISDICTION ON VIOLATION OF LAWS BY A CHILD ON MILITARY INSTALLATIONS.

 

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

     SECTION 1. Section 19-2-2 NMSA 1978 (being Laws 1963, Chapter 262, Section 1) is amended to read:

     "19-2-2. JURISDICTION--TRANSFER PROCEDURE.--

          A. In order to acquire all or any measure of legislative jurisdiction of the kind involved in Article I, Section 8, Clause 17 of the constitution of the United States over any land or other area or in order to relinquish such legislative jurisdiction or any measure thereof [which] that may be vested in the United States, the United States, acting through a duly authorized department, agency or officer, shall file with the governor a notice of intention to acquire or relinquish such legislative jurisdiction, together with a sufficient number of duly authenticated copies [thereof] to meet the recording requirements of Subsection C of this section [with the governor]. The notice shall contain a description adequate to permit accurate identification of the boundaries of the land or other area for which the change in jurisdictional status is sought and a precise statement of the measure of legislative jurisdiction sought to be transferred. Immediately upon receipt of the notice, the governor shall furnish the attorney general with a copy of it and shall request [his] the attorney general's comments and recommendations.

          B. The governor shall transmit the notice, together with [his] the governor's comments and recommendations, if any, and the comments and recommendations of the attorney general, if any, to the next session of the legislature. Unless prior to the expiration of the legislative session to which the notice is transmitted the legislature has adopted a resolution approving the transfer of legislative jurisdiction as proposed in the notice, the transfer shall not be effective.

          C. The governor shall cause a duly authenticated copy of the notice and resolution to be recorded in the office of the county clerk of the county where the land or other area affected by the transfer of jurisdiction is situated, and, upon such recordation, the transfer of jurisdiction shall take effect. If the land or other area is situated in more than one county, a duly authenticated copy of the notice and resolution shall be recorded in the county clerk's office of each such county.

          D. The governor shall cause copies of all documents recorded pursuant to [this act] Sections 19-2-2 through 19-2-4 NMSA 1978 to be filed with the state law library.

          E. Upon request of the United States, the state shall establish concurrent jurisdiction over a military installation in matters relating to violations of law by a child as defined in Section 32A-1-4 NMSA 1978 within its boundaries. This shall not be considered a relinquishment or transfer of any other jurisdiction."

     SECTION 2. Section 32A-1-8 NMSA 1978 (being Laws 1993, Chapter 77, Section 17, as amended) is amended to read:

     "32A-1-8. JURISDICTION OF THE COURT--TRIBAL COURT JURISDICTION--EXCEPTION.--

          A. The court has exclusive original jurisdiction of all proceedings under the Children's Code in which a person is eighteen years of age or older and was a child at the time the alleged act in question was committed or is a child alleged to be:

                (1) a delinquent child;

                (2) a child of a family in need of court-ordered services or a child in need of services pursuant to the Family in Need of Court-Ordered Services Act;

(3) a neglected child;

                (4) an abused child;

                (5) a child subject to adoption; or

                (6) a child subject to placement for a developmental disability or a mental disorder.

          B. The court has exclusive original jurisdiction to emancipate a minor.

          C. The provisions of the Indian Family Protection Act govern child custody proceedings involving Indian children. To the extent the provisions of the Indian Family Protection Act conflict with the Children's Code, the provisions of the Indian Family Protection Act shall apply.

          D. During abuse or neglect proceedings in which New Mexico is the home state, pursuant to the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, the court shall have jurisdiction over both parents to determine the best interest of the child and to decide all matters incident to the court proceedings.

          E. Pursuant to Subsection E of Section 19-2-2 NMSA 1978, the court has jurisdiction over any case involving an act that is a violation of law allegedly committed by a child within the boundaries of a military installation.

          [E.] F. The court may acquire jurisdiction over a Motor Vehicle Code or municipal traffic code violation as set forth in Section 32A-2-29 NMSA 1978."