0001| HOUSE BILL 388
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MIMI STEWART
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO LAW ENFORCEMENT; PROVIDING FOR WARRANTLESS ARREST
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0012| IN CASES OF DOMESTIC ABUSE.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 31-1-7 NMSA 1978 (being Laws 1979,
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0016| Chapter 178, Section 1, as amended) is amended to read:
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0017| "31-1-7. ARREST WITHOUT WARRANT--LIABILITY.--
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0018| A. Notwithstanding the provisions of any other law
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0019| to the contrary, a peace officer may arrest a person and take
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0020| that person into custody without a warrant [when the officer
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is at the scene of a domestic disturbance and has] within
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0022| seventy-two hours of forming probable cause to believe that
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0023| the person has committed an assault or a battery upon a
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0024| household member. [As used in this section: "household
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member" means a spouse; former spouse; family member, including
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a relative, parent, present or former step-parent, present or
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former in-law, child or co-parent of a child; or a person with
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whom the victim has had a continuing personal relationship.
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Cohabitation is not necessary to be deemed a household member
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for purposes of this section.]
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0006| B. No peace officer shall be held criminally or
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0007| civilly liable for making an arrest pursuant to this section,
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0008| provided he acts in good faith and without malice.
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0009| C. Whether or not an arrest is made pursuant to
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0010| this section, a peace officer may remain with the victim and
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0011| assist the victim in getting to a shelter or receiving proper
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0012| medical attention.
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0013| D. As used in this section, "household member"
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0014| means a spouse; former spouse; family member, including a
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0015| relative, parent, present or former step-parent, present or
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0016| former in-law, child or co-parent of a child; or a person with
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0017| whom the victim has had a continuing personal relationship.
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0018| Cohabitation is not necessary to be deemed a household member
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0019| for purposes of this section."
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0020| Section 2. Section 40-13-7 NMSA 1978 (being Laws 1987,
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0021| Chapter 286, Section 7, as amended) is amended to read:
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0022| "40-13-7. LAW ENFORCEMENT OFFICERS--EMERGENCY
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0023| ASSISTANCE--LIMITED LIABILITY--PROVIDING NOTIFICATION TO
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0024| VICTIMS WHEN AN ABUSING HOUSEHOLD MEMBER IS RELEASED FROM
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0025| DETENTION--STATEMENT IN JUDGMENT AND SENTENCE DOCUMENT.--
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0001| A. A person who allegedly has been a victim of
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0002| domestic abuse may request the assistance of a local law
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0003| enforcement agency.
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0004| B. A local law enforcement officer responding to
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0005| the request for assistance shall be required to take whatever
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0006| steps are reasonably necessary to protect the victim from
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0007| further domestic abuse, including:
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0008| (1) advising the victim of the remedies
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0009| available under the Family Violence Protection Act, the right
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0010| to file a written statement or request for an arrest warrant
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0011| and the availability of domestic violence shelters, medical
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0012| care, counseling and other services;
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0013| (2) upon the request of the [petitioner]
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0014| victim, providing or arranging for transportation of the
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0015| victim to a medical facility or place of shelter;
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0016| (3) upon the request of the [petitioner]
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0017| victim, accompanying the victim to the victim's residence to
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0018| remove the victim's clothing and personal effects required for
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0019| immediate needs and the clothing and personal effects of any
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0020| children then in the care of the victim;
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0021| (4) upon the request of the [petitioner]
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0022| victim, assist in placing the [petitioner] victim in
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0023| possession of the dwelling or premises or otherwise assist in
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0024| execution or service of [the] an order of protection;
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0025| (5) arresting the abusing household member
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0001| without a warrant within seventy-two hours of forming probable
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0002| cause, when appropriate, and including a written statement in
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0003| the attendant police report to indicate that the arrest of the
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0004| abusing household member was, in whole or in part, premised
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0005| upon probable cause to believe that the abusing household
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0006| member committed domestic abuse against the victim; and
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0007| (6) advising the victim when appropriate of
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0008| the procedure for initiating proceedings under the Family
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0009| Violence Protection Act or criminal proceedings and of the
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0010| importance of preserving evidence.
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0011| C. The jail or detention center shall make a
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0012| reasonable attempt to notify the arresting law enforcement
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0013| agency or officer when the abusing household member is released
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0014| from custody. The arresting law enforcement agency shall make
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0015| a reasonable attempt to notify the victim that the abusing
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0016| household member is released from custody.
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0017| D. Any law enforcement officer responding to
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0018| [the] a request for assistance under the Family Violence
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0019| Protection Act is immune from civil liability to the extent
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0020| allowed by law. Any jail, detention center or law enforcement
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0021| agency that makes a reasonable attempt to provide notification
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0022| that an abusing household member is released from custody is
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0023| immune from civil liability to the extent allowed by law.
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0024| E. A statement shall be included in a judgment and
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0025| sentence document to indicate when a conviction results from
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0001| the commission of domestic abuse."
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0002| State of New Mexico
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0003| House of Representatives
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009| February 12, 1997
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0010|
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0011|
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0012| Mr. Speaker:
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0013|
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0014| Your JUDICIARY COMMITTEE, to whom has been referred
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0015|
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0016| HOUSE BILL 388
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0017|
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0018| has had it under consideration and reports same with
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0019| recommendation that it DO PASS, and thence referred to the
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0020| APPROPRIATIONS AND FINANCE COMMITTEE.
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001|
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0002|
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0003| Thomas P. Foy, Chairman
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0004|
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0005|
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0006| Adopted Not Adopted
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0007|
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010| Date
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0011|
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0012| The roll call vote was 8 For 1 Against
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0013| Yes: 8
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0014| No: Carpenter
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0015| Excused: King, Pederson, Rios, Sanchez
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0016| Absent: None
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0017|
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0018|
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0019| G:\BILLTEXT\BILLW_97\H0388 State of New Mexico
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0020| House of Representatives
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0021|
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0022| FORTY-THIRD LEGISLATURE
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0023| FIRST SESSION, 1997
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0024|
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0025|
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0001| February 27, 1997
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0002|
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0003|
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0004| Mr. Speaker:
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0005|
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0006| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0007| whom has been referred
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0008|
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0009| HOUSE BILL 388
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0010|
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0011| has had it under consideration and reports same with
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0012| recommendation that it DO PASS.
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0013|
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0014| Respectfully submitted,
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0015|
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0016|
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0017|
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0018|
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0019|
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0020| Max Coll, Chairman
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0021|
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0022|
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0023| Adopted Not Adopted
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0024|
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002| Date
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0003|
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0004| The roll call vote was 16 For 0 Against
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0005| Yes: 16
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0006| Excused: Watchman
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0007| Absent: None
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0008|
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0009|
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0010| G:\BILLTEXT\BILLW_97\H0388
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0011|
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0012| FORTY-THIRD LEGISLATURE HB 388/a
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0013| FIRST SESSION, 1997
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0014|
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0015|
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0016| March 16, 1997
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0017|
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0018| Mr. President:
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0019|
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0020| Your JUDICIARY COMMITTEE, to whom has been referred
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0021|
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0022| HOUSE BILL 388, as amended
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0023|
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0024| has had it under consideration and reports same with
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0025| recommendation that it DO PASS, amended as follows:
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0001|
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0002| 1. On page 1, lines 20 and 21, remove the brackets and the
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0003| line-through.
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0004|
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0005| 2. On page 1, line 21, strike the word "and" and insert
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0006| "or".
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0007|
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0008| 3. On page 1, line 22, strike "forming" and insert in lieu
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0009| thereof "the incident formed"
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0010|
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0011| 4. On page 1, line 23, after the word "member" insert ",
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0012| provided that the officer is otherwise unable to secure an arrest
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0013| warrant due to the time constraint or urgency of the situation".
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0014|
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0015| 5. On page 4, line 1, before the word "forming" insert "the
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0016| incident"
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0017|
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0018| 6. On page 4, line 2, after the word "cause" insert ",
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0019| provided that the officer is otherwise unable to secure an arrest
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0020| warrant due to the time constraint or urgency of the situation".
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0021|
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0022|
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0023|
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0024| Respectfully submitted,
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0025|
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0002|
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0003|
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0004| __________________________________
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0005| Fernando R. Macias, Chairman
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0017| Adopted_______________________ Not
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0018| Adopted_______________________
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021|
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0022| Date ________________________
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0023|
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0024|
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0025| The roll call vote was 5 For 2 Against
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0001| Yes: 5
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0002| No: Tsosie, McSorley
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0003| Excused: Sanchez
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0004| Absent: None
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0005|
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0006|
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0007| H0388JU1
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0008|
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