SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
SENATE BILL 330
46th legislature - STATE OF NEW MEXICO - second session, 2004
AN ACT
RELATING TO CHILDREN; ENACTING THE CURFEW ENFORCEMENT ACT; PROVIDING MUNICIPALITIES AND COUNTIES WITH AUTHORITY TO ENACT CURFEW ORDINANCES; ENACTING NEW SECTIONS OF THE CHILDREN'S CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Curfew Enforcement Act"."
Section 2. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] DEFINITION.--As used in the Curfew Enforcement Act, "neglected child" means a child:
A. who has been abandoned by the child's parent, guardian or custodian;
B. who is without proper parental care and control or subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parent, guardian or custodian or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them;
C. who has been physically or sexually abused, when the child's parent, guardian or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm; or
D. whose parent, guardian or custodian is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization or physical or mental disorder or incapacity."
Section 3. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] PURPOSE.--The purpose of the Curfew Enforcement Act is to:
A. protect children from dangerous circumstances as a result of being without proper supervision during the hours between 12:00 a.m. and 5:00 a.m.; and
B. provide for the general protection of children and the community."
Section 4. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] AUTHORITY TO ENACT CURFEW ORDINANCES.--A municipality or county may enact a curfew ordinance if:
A. the curfew applies only to children less than
sixteen years of age;
B. the curfew applies only to the time period
between 12:00 a.m. and 5:00 a.m.; and
C. the municipality or county has established a family education program that provides information about the purposes of the curfew ordinance and the availability of community services."
Section 5. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] EXCEPTIONS.--A municipal or county curfew ordinance shall include exceptions for:
A. activities authorized by a school, church or community organization;
B. verified employment, including a work-related errand;
C. instances when a child's parent, legal guardian or custodian has provided the child with permission to be out between the hours of 12:00 a.m. and 5:00 a.m; and
D. an emergency."
Section 6. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] ENFORCEMENT.--
A. A municipal or county curfew ordinance shall provide for enforcement of the ordinance in the following manner. Upon a second violation, a law enforcement officer shall issue a citation to the child. The citation shall include a notice of the child's right to appeal the citation to a hearing officer appointed by the department. The citation shall also include a notice that, unless the citation is appealed, the child and the child's parents or legal guardians are required to attend a family education program no later than thirty days after issuance of the citation. Upon issuing a second citation, the law enforcement officer shall contact the department's juvenile justice call center and attempt to contact the child's parents or legal guardians.
B. If the child and the child's parents or legal guardians fail to attend a family education program and the parents or legal guardians of the child received actual notice of the requirement to attend the family education program, the child shall be referred to the department for an assessment of whether the child is a victim of abuse or a neglected child.
C. Upon a third violation of a curfew ordinance, the child shall be referred to the department for an assessment of whether the child is a victim of abuse or a neglected child."
Section 7. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] DATA--RULES.--The department shall adopt rules regarding collection of data from municipalities and counties that enact a curfew ordinance. The department shall provide the legislature with an annual report regarding data collected from the municipalities and counties."
Section 8. DELAYED REPEAL.--The provisions of the Curfew Enforcement Act are repealed effective July 1, 2007.
Section 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.
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