HOUSE BILL 112

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Thomas E. Swisstack

AN ACT

RELATING TO ABUSE OF A CHILD; PROVIDING THAT ALLOWING A CHILD TO BE IN A MOTOR VEHICLE, BUILDING OR OTHER PREMISES USED FOR THE MANUFACTURE OF CONTROLLED SUBSTANCES IS PRIMA FACIE EVIDENCE OF ABUSE OF A CHILD; AMENDING A SECTION OF THE NMSA 1978.

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

     Section 1. Section 30-6-1 NMSA 1978 (being Laws 1973, Chapter 360, Section 10, as amended by Laws 2001, Chapter 31, Section 9 and by Laws 2001, Chapter 132, Section 9) is amended to read:

     "30-6-1. ABANDONMENT OR ABUSE OF A CHILD.--

          A. As used in this section:

                (1) "child" means a person who is less than eighteen years of age;

                (2) "neglect" means that a child is without proper parental care and control of subsistence, education, medical or other care or control necessary for his well-being because of the faults or habits of his parents, guardian or custodian or their neglect or refusal, when able to do so, to provide them; and

                (3) "negligently" refers to criminal negligence and means that a person knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of the child.

          B. Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect. Whoever commits abandonment of a child is guilty of a misdemeanor, unless the abandonment results in the child's death or great bodily harm, in which case he is guilty of a second degree felony.

          C. A parent, guardian or custodian who leaves an infant less than ninety days old in compliance with the Safe Haven for Infants Act shall not be prosecuted for abandonment of a child.

          D. Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to be:

                (1) placed in a situation that may endanger the child's life or health;

                (2) tortured, cruelly confined or cruelly punished; or

                (3) exposed to the inclemency of the weather.

          E. Whoever commits abuse of a child that does not result in the child's death or great bodily harm is, for a first offense, guilty of a third degree felony and for second and subsequent offenses is guilty of a second degree felony. If the abuse results in great bodily harm or death to the child, he is guilty of a first degree felony.

          F. Evidence that demonstrates that a child has been negligently allowed to enter or remain in a motor vehicle, building or any other premises that contains chemicals, materials or equipment used or intended for use in the manufacture of a controlled substance shall be deemed prima facie evidence of abuse of the child.

          [E.] G. A person who leaves an infant less than ninety days old at a hospital may be prosecuted for abuse of the infant for actions of the person occurring before the infant was left at the hospital."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.

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