SENATE BILL 334

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

INTRODUCED BY

Michael Padilla

 

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIMES OF ASSAULT AND BATTERY UPON A CHILD WELFARE WORKER OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; ESTABLISHING PENALTIES.

 

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

     SECTION 1. A new section of the Criminal Code, Section 30-3-9.3 NMSA 1978, is enacted to read:

     "30-3-9.3. [NEW MATERIAL] ASSAULT--BATTERY--CHILD WELFARE WORKERS OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT.--

          A. As used in this section:

                (1) "child welfare worker" means an employee of the children, youth and families department who conducts direct services with children and families in the family services division of the department, in the protective services division of the department, in behavioral health services or in the juvenile justice division of the department; and

                (2) "in the lawful discharge of the child welfare worker's duties" means engaged in the performance of the duties of a children, youth and families department child welfare worker.

          B. Assault upon a child welfare worker consists of:

                (1) an attempt to commit a battery upon the person of a child welfare worker who is in the lawful discharge of the child welfare worker's duties; or

                (2) any unlawful act, threat or menacing conduct that causes a child welfare worker who is in the lawful discharge of the child welfare worker's duties to reasonably believe that the child welfare worker is in danger of receiving an immediate battery.

     Whoever commits assault upon a child welfare worker is guilty of a misdemeanor.

          C. Aggravated assault upon a child welfare worker consists of:

                (1) unlawfully assaulting or striking at a child welfare worker with a deadly weapon while the child welfare worker is in the lawful discharge of the child welfare worker's duties; or

                (2) willfully and intentionally assaulting a child welfare worker who is in the lawful discharge of the child welfare worker's duties with intent to commit any felony.

     Whoever commits aggravated assault upon a child welfare worker is guilty of a third degree felony.

          D. Assault with intent to commit a violent

felony upon a child welfare worker consists of assaulting a child welfare worker who is in the lawful discharge of the child welfare worker's duties with intent to kill the child welfare worker. Whoever commits assault with intent to commit a violent felony upon a child welfare worker is guilty of a second degree felony.

          E. Battery upon a child welfare worker is the unlawful, intentional touching or application of force to the person of a child welfare worker who is in the lawful discharge of the child welfare worker's duties, when done in a rude, insolent or angry manner. Whoever commits battery upon a child welfare worker is guilty of a fourth degree felony.

          F. Aggravated battery upon a child welfare worker consists of the unlawful touching or application of force to the person of a child welfare worker with intent to injure that child welfare worker while the child welfare worker is in the lawful discharge of the child welfare worker's duties. Whoever commits aggravated battery upon a child welfare worker by:

                (1) inflicting an injury to the child welfare worker that is not likely to cause death or great bodily harm but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a fourth degree felony; and

                (2) inflicting great bodily harm or does so with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted, is guilty of a third degree felony.

          G. A person who assists or is assisted by one or more other persons to commit a battery upon a child welfare worker who is in the lawful discharge of the child welfare worker's duties is guilty of a fourth degree felony."

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