SENATE MEMORIAL 29

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Mary Jane M. Garcia

A MEMORIAL

REQUESTING THAT THE APPROPRIATE INTERIM LEGISLATIVE COMMITTEE STUDY THE STATUTES GOVERNING THE CRIMINAL OFFENSE OF CHILD ABUSE.

     WHEREAS, child abuse victimizes the most vulnerable, most dependent and most innocent New Mexicans and generates emotional outrage in communities; and

     WHEREAS, that outrage and a community's desire that justice be served can put pressure on the criminal justice system; and

     WHEREAS, the more heinous the crime, the more critical it becomes that state law be vigilant in ensuring that the rights of the accused are not sacrificed in the pursuit of justice;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the appropriate interim legislative committee be requested to study the statutes relating to the criminal offense of child abuse to determine whether the statutes are serving the best interests of New Mexico children; and

     BE IT FURTHER RESOLVED that the interim committee specifically review the definition of criminal negligence and its applicability in child abuse offenses; and

     BE IT FURTHER RESOLVED that, during its study, the interim committee solicit the professional opinions of prosecutors, criminal defense attorneys, victim advocates, family members of victims and any other appropriate parties; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council for assignment to the appropriate interim legislative committee.

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