HOUSE BILL 57

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Pamelya Herndon

 

 

 

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

 

AN ACT

RELATING TO FAMILY LAW; RECOGNIZING THE RIGHT OF ALLEGED DOMESTIC ABUSE VICTIMS TO BE REPRESENTED BY AN ATTORNEY IN LEGAL MATTERS RELATED TO THE DOMESTIC ABUSE OR THE DOMESTIC ABUSER.

 

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

     SECTION 1. Section 40-13-2 NMSA 1978 (being Laws 1987, Chapter 286, Section 2, as amended) is amended to read:

     "40-13-2. DEFINITIONS.--As used in the Family Violence Protection Act:

          A. "continuing personal relationship" means a dating or intimate relationship;

          B. "co-parents" means persons who have a child in common, regardless of whether they have been married or have lived together at any time;

          C. "court" means the district court of the judicial district where an alleged victim of domestic abuse resides or is found;

          D. "domestic abuse":

                (1) means an incident of stalking or sexual assault whether committed by a household member or not;

                (2) means an incident by a household member against another household member consisting of or resulting in:

                     (a) physical harm;

                     (b) severe emotional distress;

                     (c) bodily injury or assault;

                     (d) a threat causing imminent fear of bodily injury by any household member;

                     (e) criminal trespass;

                     (f) criminal damage to property;

                     (g) repeatedly driving by a residence or work place;

                     (h) telephone harassment;

                     (i) harassment;

                     (j) strangulation;

                     (k) suffocation; or

                     (l) harm or threatened harm to children as set forth in this paragraph; and

                (3) does not mean the use of force in self-defense or the defense of another;

          E. "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame or receiver of any such weapon;

          F. "household member" means a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child or a person with whom the petitioner has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section;

          G. "indigent person" means an individual who, taking into account present income, liquid assets and requirements for basic necessities of life for the individual and the individual's dependents, is unable, without undue hardship, to pay for all or part of the expenses of legal representation;

          [G.] H. "law enforcement officer" means a public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes;

          [H.] I. "mutual order of protection" means an order of protection that includes provisions that protect both parties;

          [I.] J. "order of protection" means an injunction or a restraining or other court order granted for the protection of a victim of domestic abuse;

          [J.] K. "protected party" means a person protected by an order of protection;

          [K.] L. "restrained party" means a person who is restrained by an order of protection;

          [L.] M. "strangulation" has the same meaning as set forth in Section 30-3-11 NMSA 1978; and

          [M.] N. "suffocation" has the same meaning as set forth in Section 30-3-11 NMSA 1978."

     SECTION 2. A new section of the Family Violence Protection Act is enacted to read:

     "[NEW MATERIAL] RIGHT TO REPRESENTATION.--

          A. An alleged domestic abuse victim who is an indigent person is entitled to representation by an attorney in all legal proceedings under Chapter 40 NMSA 1978 that are related to the alleged domestic abuse or the alleged domestic abuser. The attorney's services, expenses and court costs shall be provided at public expense for indigent persons.

          B. When an alleged domestic abuse victim first appears in court, the judge shall advise the alleged victim that the alleged victim has the right to be represented by counsel of the alleged victim's choosing, the right to have an adjournment to confer with counsel and the right to have counsel assigned by the court in any case in which the alleged victim is financially unable to obtain counsel."

     SECTION 3. A new section of the Family Violence Prevention Act is enacted to read:

     "[NEW MATERIAL] DETERMINATION OF INDIGENCY.--

          A. The court shall determine whether an alleged domestic abuse victim is an indigent person at the alleged victim's first appearance in each legal proceeding related to the alleged domestic abuse or the alleged domestic abuser.

          B. In determining whether an alleged domestic abuse victim is an indigent person, the court concerned may consider such factors as income, property owned, outstanding obligations and the number and ages of the alleged victim's dependents. In each case, the alleged victim shall, subject to the penalties for perjury, certify in writing or by other record material factors relating to the victim's ability to pay as the court prescribes."

     SECTION 4. A new section of the Family Violence Prevention Act is enacted to read:

     "[NEW MATERIAL] CONTRACTUAL SERVICES OF COUNSEL.--To facilitate representation of alleged domestic abuse victims who are indigent persons, the director of the administrative office of the courts may, upon direction of the supreme court with respect to habeas corpus proceedings initiated in the supreme court, or upon request of a district court, enter into contracts with attorneys designated by those courts whereby the attorney shall undertake to perform the services of assigned counsel in all or any specified portion of the cases originating within the judicial district. All contracts shall be approved by the chief justice of the supreme court, and all payments provided therein shall be made by the supreme court or in the appropriate district court requesting the contract."

     SECTION 5. A new section of the Family Violence Prevention Act is enacted to read:

     "[NEW MATERIAL] COUNSEL NOT SUBJECT TO LIABILITY.--Attorneys who are assigned to or contracted with to perform services for alleged domestic abuse victims who are indigent persons shall not be held liable in any civil action respecting the attorney's performance or nonperformance of the services."

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