SENATE BILL 373

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

INTRODUCED BY

Antoinette Sedillo Lopez

 

 

 

 

 

AN ACT

RELATING TO MILITARY AFFAIRS; AMENDING THE ABUSE AND NEGLECT ACT AND THE FAMILY VIOLENCE PROTECTION ACT TO REQUIRE NOTICE TO A DESIGNATED AUTHORITY OF THE MILITARY INSTALLATION IF A PERSON INVOLVED IN AN ALLEGATION OF CHILD ABUSE AND NEGLECT OR DOMESTIC ABUSE IS A MEMBER OF THE UNITED STATES MILITARY AND TO SEEK MEMORANDA OF UNDERSTANDING WITH UNITED STATES MILITARY INSTALLATIONS IN NEW MEXICO TO FACILITATE THIS NOTICE REQUIREMENT; REQUIRING THAT THE COURT ALLOW REMOTE APPEARANCES IN A HEARING FOR A DOMESTIC VIOLENCE ORDER OF PROTECTION; REQUIRING THAT A COPY OF A DOMESTIC VIOLENCE ORDER OF PROTECTION BE SENT TO A DESIGNATED AUTHORITY OF THE MILITARY INSTALLATION IF A PARTY TO THE ORDER IS A MEMBER OF THE UNITED STATES MILITARY; MAKING CONFORMING AMENDMENTS.

 

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

     SECTION 1. Section 32A-4-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 97, as amended) is amended to read:

     "32A-4-3. DUTY TO REPORT CHILD ABUSE AND CHILD NEGLECT--RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR NEGLECT--PENALTY--NOTIFICATION OF PLAN OF CARE.--

          A. Every person, including a licensed physician; a resident or an intern examining, attending or treating a child; a law enforcement officer; a judge presiding during a proceeding; a registered nurse; a visiting nurse; a school employee; a social worker acting in an official capacity; or a member of the clergy who has information that is not privileged as a matter of law, who knows or has a reasonable suspicion that a child is an abused or a neglected child shall report the matter immediately to:

                (1) a local law enforcement agency;

                (2) the department; or

                (3) a tribal law enforcement or social services agency for any Indian child residing in Indian country.

          B. A law enforcement agency receiving the report shall immediately transmit the facts of the report and the name, address and phone number of the reporter by telephone to the department and shall transmit the same information in writing within forty-eight hours. The department shall immediately transmit the facts of the report and the name, address and phone number of the reporter by telephone to a local law enforcement agency and shall transmit the same information in writing within forty-eight hours. The written report shall contain the names and addresses of the child and the child's parents, guardian or custodian, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the person responsible for the injuries. The written report shall be submitted upon a standardized form agreed to by the law enforcement agency and the department.

          C. The recipient of a report under Subsection A of this section shall take immediate steps to ensure prompt investigation of the report. The investigation shall ensure that immediate steps are taken to protect the health or welfare of the alleged abused or neglected child, as well as that of any other child under the same care who may be in danger of abuse or neglect. A local law enforcement officer trained in the investigation of child abuse and neglect is responsible for investigating reports of alleged child abuse or neglect at schools, daycare facilities or child care facilities.

          D. If the child alleged to be abused or neglected is in the care or control of or in a facility administratively connected to the department, the report shall be investigated by a local law enforcement officer trained in the investigation of child abuse and neglect. The investigation shall ensure that immediate steps are taken to protect the health or welfare of the alleged abused or neglected child, as well as that of any other child under the same care who may be in danger of abuse or neglect.

          E. A law enforcement agency or the department shall have access to any of the records pertaining to a child abuse or neglect case maintained by any of the persons enumerated in Subsection A of this section, except as otherwise provided in the Abuse and Neglect Act.

          F. A person who violates the provisions of Subsection A of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          G. A finding that a pregnant woman is using or abusing drugs made pursuant to an interview, self-report, clinical observation or routine toxicology screen shall not alone form a sufficient basis to report child abuse or neglect to the department pursuant to Subsection A of this section. A volunteer, contractor or staff of a hospital or freestanding birthing center shall not make a report based solely on that finding and shall make a notification pursuant to Subsection H of this section. Nothing in this subsection shall be construed to prevent a person from reporting to the department a reasonable suspicion that a child is an abused or neglected child based on other criteria as defined by Section 32A-4-2 NMSA 1978, or a combination of criteria that includes a finding pursuant to this subsection.

          H. A volunteer, contractor or staff of a hospital or freestanding birthing center shall:

                (1) complete a written plan of care for a substance-exposed newborn as provided for by department rule and the Children's Code; and

                (2) provide notification to the department. Notification by a health care provider pursuant to this paragraph shall not be construed as a report of child abuse or neglect.

          I. When investigating a report of abuse and neglect, if a local law enforcement agency or the department determines that a member of the United States military is involved in the underlying allegation, the agency or the department shall notify a designated authority for the military installation to which the person is assigned. Local law enforcement agencies and the department shall seek memoranda of understanding with a designated authority for each military installation in the state to facilitate the requirements of this section.

          [I.] J. As used in this section, "notification" means informing the department that a substance-exposed newborn was born and providing a copy of the plan of care that was created for the child; provided that notification shall comply with federal guidelines and shall not constitute a report of child abuse or neglect.

          [J.] K. As used in this section, "school employee" includes employees of a school district or a public school."

     SECTION 2. Section 40-13-3 NMSA 1978 (being Laws 1987, Chapter 286, Section 3, as amended) is amended to read:

     "40-13-3. PETITION FOR ORDER OF PROTECTION--CONTENTS--STANDARD FORMS--HEARINGS.--

          A. A victim of domestic abuse may petition the court under the Family Violence Protection Act for an order of protection.

          B. The petition shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse.

          C. The petition shall state whether any other domestic action is pending between the petitioner and the respondent.

          D. If any other domestic action is pending between the petitioner and the respondent, the parties shall not be compelled to mediate any aspect of the case arising from the Family Violence Protection Act unless the court finds that appropriate safeguards exist to protect each of the parties and that both parties can fairly mediate with such safeguards.

          E. An action brought under the Family Violence Protection Act is independent of any proceeding for annulment, separation or divorce between the parties.

          F. Remedies granted pursuant to the Family Violence Protection Act are in addition to and shall not limit other civil or criminal remedies available to the parties.

          G. 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 domestic abuse.

          H. At a hearing on a petition for any order of protection provided for in the Family Violence Protection Act, the court shall authorize the remote appearance by digital or telephonic means for all parties if requested."

     SECTION 3. Section 40-13-6 NMSA 1978 (being Laws 1987, Chapter 286, Section 6, as amended) is amended to read:

     "40-13-6. SERVICE OF ORDER--DURATION--PENALTY--REMEDIES NOT EXCLUSIVE.--

          A. An order of protection granted under the Family Violence Protection Act shall be filed with the clerk of the court, and a copy shall be sent by the clerk to the local law enforcement agency and, if a party is a member of the United States military, to a designated authority for the military installation to which the party is assigned. The order shall be personally served upon the restrained party, unless the restrained party or the restrained party's attorney was present at the time the order was issued. The order shall be filed and served without cost to the protected party.

          B. A local law enforcement agency receiving an order of protection from the clerk of the court that was issued under the Family Violence Protection Act shall have the order entered in the national crime information center's order of protection file within seventy-two hours of receipt. This does not include temporary orders of protection entered pursuant to the provisions of Section 40-13-4 NMSA 1978.

          C. An order of protection granted by the court involving custody or support shall be effective for a fixed period of time not to exceed six months. The order may be extended for good cause upon motion of the protected party for an additional period of time not to exceed six months. Injunctive orders shall continue until modified or rescinded upon motion by either party or until the court approves a subsequent consent agreement entered into by the parties.

          D. A peace officer may arrest without a warrant and take into custody a restrained party [whom] who the peace officer has probable cause to believe has violated an order of protection that is issued pursuant to the Family Violence Protection Act or entitled to full faith and credit.

          E. A restrained party convicted of violating an order of protection granted by a court under the Family Violence Protection Act is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978. Upon a second or subsequent conviction, an offender shall be sentenced to a jail term of not less than seventy-two consecutive hours that shall not be suspended, deferred or taken under advisement.

          F. In addition to any other punishment provided in the Family Violence Protection Act, the court shall order a person convicted to make full restitution to the party injured by the violation of an order of protection and shall order the person convicted to participate in and complete a program of professional counseling, at the person's own expense, if possible.

          G. In addition to charging the person with violating an order of protection, a peace officer shall file all other possible criminal charges arising from an incident of domestic abuse when probable cause exists.

          H. The remedies provided in the Family Violence Protection Act are in addition to any other civil or criminal remedy available to the protected party or the state."

     SECTION 4. Section 40-13-7 NMSA 1978 (being Laws 1987, Chapter 286, Section 7, as amended) is amended to read:

     "40-13-7. LAW ENFORCEMENT OFFICERS--EMERGENCY ASSISTANCE--LIMITED LIABILITY--PROVIDING NOTIFICATION TO VICTIMS WHEN AN ALLEGED PERPETRATOR IS RELEASED FROM DETENTION--STATEMENT IN JUDGMENT AND SENTENCE DOCUMENT.--

          A. A person who allegedly has been a victim of domestic abuse may request the assistance of a local law enforcement agency.

          B. A local law enforcement officer responding to the request for assistance shall be required to take whatever steps are reasonably necessary to protect the victim from further domestic abuse, including:

                (1) advising the victim of the remedies available under the Family Violence Protection Act; the right to file a written statement, a criminal complaint and a request for an arrest warrant; and the availability of domestic violence shelters, medical care, counseling and other services;

                (2) upon the request of the victim, providing or arranging for transportation of the victim to a medical facility or place of shelter;

                (3) upon the request of the victim, accompanying the victim to the victim's residence to obtain the victim's clothing and personal effects required for immediate needs and the clothing and personal effects of any children then in the care of the victim;

                (4) upon the request of the victim, assist in placing the victim in possession of the dwelling or premises or otherwise assist in execution, enforcement or service of an order of protection;

                (5) arresting the alleged perpetrator when appropriate and including a written statement in the attendant police report to indicate that the arrest of the alleged perpetrator was, in whole or in part, premised upon probable cause to believe that the alleged perpetrator committed domestic abuse against the victim and, when appropriate, indicate that the party arrested was the predominant aggressor; and

                (6) advising the victim when appropriate of the procedure for initiating proceedings under the Family Violence Protection Act or criminal proceedings and of the importance of preserving evidence.

          C. The jail or detention center shall make a reasonable attempt to notify the arresting law enforcement agency or officer when the alleged perpetrator is released from custody. The arresting law enforcement agency shall make a reasonable attempt to notify the victim that the alleged perpetrator is released from custody.

          D. Any law enforcement officer responding to a request for assistance under the Family Violence Protection Act is immune from civil liability to the extent allowed by law. Any jail, detention center or law enforcement agency that makes a reasonable attempt to provide notification that an alleged perpetrator is released from custody is immune from civil liability to the extent allowed by law.

          E. A statement shall be included in a judgment and sentence document to indicate when a conviction results from the commission of domestic abuse.

          F. If a law enforcement officer responding to a request for assistance determines that a member of the United States military is involved in the underlying allegation, the officer shall notify a designated authority for the military installation to which the person is assigned. Local law enforcement agencies shall seek memoranda of understanding with a designated authority for each military installation in the state to facilitate the requirements of this section."

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