AN ACT

RELATING TO DOMESTIC VIOLENCE; CREATING DOMESTIC VIOLENCE SPECIAL COMMISSIONERS; PROVIDING POWERS AND DUTIES; ELIMINATING THE DOMESTIC VIOLENCE PILOT PROGRAM IN THE ELEVENTH JUDICIAL DISTRICT.

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

     Section 1. A new section of the Family Violence Protection Act is enacted to read:

     "DOMESTIC VIOLENCE SPECIAL COMMISSIONERS--APPOINTMENT--QUALIFICATIONS.--

          A. A domestic violence special commissioner shall be appointed by and serve at the pleasure of the chief judge of the judicial district to which the officer is assigned.

          B. A domestic violence special commissioner shall:

                (1) be an attorney licensed to practice law in New Mexico;

                (2) have a minimum of three years experience in the practice of law and be knowledgeable in the area of domestic relations and domestic violence matters; and

                (3) conform to Canons 21-100 through 21-500 and 21-700 of the Code of Judicial Conduct as adopted by the supreme court. Violation of any such canon shall be grounds for dismissal of any domestic violence special commissioner."

     Section 2. A new section of the Family Violence Protection Act is enacted to read:

     "SPECIAL COMMISSIONERS--POWERS--DUTIES.--

          A. A domestic violence special commissioner shall perform the following duties in carrying out the provisions of the Family Violence Protection Act:

                (1) review petitions for orders of protection and motions to enforce, modify or terminate orders of protection;

                (2) if deemed necessary, interview petitioners. Any interview shall be on the record;

                (3) conduct hearings on the merits of petitions for orders of protection and motions to enforce, modify or terminate orders of protection; and

                (4) prepare recommendations to the district court regarding petitions for orders of protection and motions to enforce, modify or terminate orders of protection.

          B. All orders must be signed by a district court judge before the recommendations of a domestic violence special commissioner become effective."

     Section 3. REPEAL.--Section 40-13-8 NMSA 1978 (being Laws 1992, Chapter 107, Section 1) is repealed.

     Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.