45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO CRIMINAL LAW; PROVIDING THAT ALLEGED VICTIMS OF CERTAIN CRIMES ARE NOT REQUIRED TO BEAR COSTS OF FILING CRIMINAL CHARGES OR FOR THE ISSUANCE OR SERVICE OF WARRANTS, WITNESS SUBPOENAS OR PROTECTION ORDERS; CLARIFYING POLICY REGARDING DUAL ARRESTS IN DOMESTIC ABUSE INCIDENTS; PROVIDING FOR TRAINING FOR POLICE OFFICERS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.

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

Section 1. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] ALLEGED VICTIMS OF DOMESTIC ABUSE, STALKING OR SEXUAL ASSAULT--FORBEARANCE OF COSTS.--

A. An alleged victim of an offense specified in Subsection B of this section is not required to bear the cost of:

(1) filing a criminal charge against an alleged perpetrator of the offense;

(2) the issuance or service of a warrant;

(3) the issuance or service of a witness subpoena; or

(4) the issuance or service of a protection order.

B. The provisions of Subsection A of this section apply to alleged victims of:

(1) sexual offenses described in Sections 30-9-11 through 30-9-14 and 30-9-14.3 NMSA 1978;

(2) crimes against household members described in Sections 30-3-12 through 30-3-16 NMSA 1978;

(3) harassment, as provided in Section 30-3A-2 NMSA 1978, but only if the alleged victim is also an alleged victim of domestic abuse, as provided in Section 40-13-2 NMSA 1978;

(4) stalking or aggravated stalking, as provided in Sections 30-3A-3 and 30-3A-3.1 NMSA 1978; and

(5) the violation of an order of protection, as provided in Subsection E of Section 40-13-6 NMSA 1978."

Section 2. Section 31-1-7 NMSA 1978 (being Laws 1979, Chapter 178, Section 1, as amended) is amended to read:

"31-1-7. LEGISLATIVE FINDINGS--STATE POLICY--DUAL ARRESTS--ARREST WITHOUT WARRANT--LIABILITY.--

A. The legislature finds that domestic abuse incidents are complex and require special training on the part of law enforcement officers to respond appropriately to domestic abuse incidents. The state of New Mexico discourages dual arrests of persons involved in incidents of domestic abuse. A law enforcement officer, when making arrests for domestic abuse, shall seek to identify and shall consider whether one of the parties acted in self-defense.

[A.] B. Notwithstanding the provisions of any other law to the contrary, a peace officer may arrest a person and take that person into custody without a warrant when the officer is at the scene of a domestic disturbance and has probable cause to believe that the person has committed an assault or a battery upon a household member.

C. As used in this section, "household member" means a spouse; former spouse; family member, including a relative, parent, present or former step-parent, present or former in-law, child or co-parent of a child; or a person with whom the victim has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section.

[B.] D. No peace officer shall be held criminally or civilly liable for making an arrest pursuant to this section, provided he acts in good faith and without malice.

[C.] E. Whether or not an arrest is made pursuant to this section, a peace officer may remain with the victim and assist the victim in getting to a shelter or receiving proper medical attention."

Section 3. A new section of Law Enforcement Training Act is enacted to read:

"[NEW MATERIAL] DOMESTIC ABUSE INCIDENT TRAINING.--Domestic abuse incident training shall be included in the curriculum of each basic law enforcement training class and shall be included as a component of in-service training each year for certified police officers."

Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.