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F I S C A L I M P A C T R E P O R T
SPONSOR Beffort
DATE TYPED 2/20/05
HB
SHORT TITLE Domestic Violence Arrests within 24 hours
SB 315/aSPAC
ANALYST Wilson
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
See Narrative
SOURCES OF INFORMATION
LFC Files
Responses Received From
Administrative Office of the Courts (AOC)
Attorney General’s Office (AGO)
Commission on the Status of Women (CSW)
Department of Public Safety (DPS)
Synopsis of SPAC Amendment
The Senate Public Affairs Committees amendment to SB 315 deletes the requirement that an ar-
rest under the provisions of this bill must be made within 24 hours. The amendment also
expands the original bill and allows an officer who responds to make an arrest instead of requir-
ing that the officer be at the scene. In addition the amendment adds that there must be exigent
circumstances to support making an arrest.
Synopsis of Original Bill
Senate Bill 315 amends §31-1-7 NMSA 1978 and gives an officer more flexibility to arrest a
person without a warrant when there has been a domestic disturbance. Under current law, an of-
ficer may only arrest a person without a warrant when that person is present at the scene of the
domestic disturbance.
This bill allows the officer to arrest a person without a warrant within 24 hours of arriving at the
scene of the domestic disturbance when that person is not present at the scene and the officer has
probable cause to believe that person has committed an assault or battery on a household mem-
ber.