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F I S C A L I M P A C T R E P O R T

SPONSOR McSorley

DATE TYPED 02/25/05 HB

SHORT TITLE Interstate Domestic Violence Orders

SB 812

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal – See

Narrative

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General (AGO)

Department of Public Safety (DPS)

SUMMARY

Synopsis of Bill

Senate Bill 812 enacts the Uniform Interstate Enforcement of Domestic Violence Protection Or-

ders Act. It provides for enforcement by New Mexico courts and law enforcement of valid for-

eign protection orders. The bill provides immunity from civil and criminal liability to law en-

forcement officers, state officials and local officials involved in enforcement under the Act.

Significant Issues

The model act was approved and recommended for enactment by the National Conference of

Commissioners on Uniform State Laws (NCCUSL), which provided the following explanation:

The Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act ("the Act")

provides a uniform mechanism for the interstate enforcement of domestic-violence protection

orders. The need for such a mechanism is founded on the widespread understanding that

States have not consistently or effectively enforced domestic-violence protection orders is-

Senate Bill 812 -- Page 2

sued by other States. The Act, therefore, has two main purposes. First, it defines the meaning

of interstate enforcement in the context of the enforcement of domestic-violence protection

orders. Second, it establishes uniform procedures for the effective interstate enforcement of

domestic-violence protection orders.

Many States, recognizing the severity of the problems regarding the interstate enforcement of

domestic-violence protection orders, have enacted legislation requiring their courts to enforce

the domestic-violence protection orders of other States. Many of these statutes, however,

while mandating enforcement, are either silent or ambiguous regarding several important

questions that must be answered in order to establish an effective system for the interstate en-

forcement of these orders. The Congress of the United States, as well, has enacted legislation

requiring interstate enforcement of domestic-violence protection orders, but this legislation is

also silent or ambiguous regarding these important questions.

First, many of the existing statutes do not sufficiently explain the core requirements of inter-

state enforcement of protection orders. For example, many of the state statutes, and the fed-

eral legislation, require courts and law enforcement officers to enforce the orders of other

States as if they were the protection orders of the enforcing State. This provision, however,

does not answer the question of whether state courts and officers are required to enforce pro-

visions of foreign protection orders that would not be authorized by the law of the enforcing

State. This question, and others, must be answered if there is to be effective uniform en-

forcement of protection orders. Second, many of the existing statutes do not specify the pro-

cedures state courts and officers must follow in enforcing foreign protection orders. For ex-

ample, many of the statutes are silent on whether individuals seeking the enforcement of a

protection order must register or file the order with the enforcing state before action can be

taken on their behalf. This Act resolves the issues left unanswered in existing legislation and

provides a uniform scheme for enforcement of these orders.

FISCAL IMPLICATIONS

Current law requires the state courts to give full faith and credit to tribal court orders of protec-

tion and orders of protection of other states. The new provisions of this bill should not result in

significant costs to the state.

EF/lg