SB 820

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AN ACT

RELATING TO DOMESTIC VIOLENCE; INCREASING THE PERIOD OF

PROBATION FOR CERTAIN DOMESTIC VIOLENCE OFFENDERS.

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

Section 1. Section 30-3-15 NMSA 1978 (being Laws 1995,

Chapter 221, Section 6, as amended) is amended to read:

"30-3-15. BATTERY AGAINST A HOUSEHOLD MEMBER.--

A. Battery against a household member consists of

the unlawful, intentional touching or application of force to

the person of a household member, when done in a rude,

insolent or angry manner.

B. Whoever commits battery against a household

member is guilty of a misdemeanor.

C. Upon conviction pursuant to this section, an

offender shall be required to participate in and complete a

domestic violence offender treatment program approved by the

children, youth and families department pursuant to rules

promulgated by the department that define the criteria for

such programs.

D. Notwithstanding any provision of law to the

contrary, if a sentence imposed pursuant to this section is

suspended or deferred in whole or in part, the period of

probation may extend beyond three hundred sixty-four days but

may not exceed two years. If an offender violates a condition

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of probation, the court may impose any sentence that the

court could originally have imposed and credit shall not be

given for time served by the offender on probation; provided

that the total period of incarceration may not exceed three

hundred sixty-four days and the combined period of

incarceration and probation may not exceed two years."

Section 2. Section 30-3-16 NMSA 1978 (being Laws 1995,

Chapter 221, Section 7) is amended to read:

"30-3-16. AGGRAVATED BATTERY AGAINST A HOUSEHOLD

MEMBER.--

A. Aggravated battery against a household member

consists of the unlawful touching or application of force to

the person of a household member with intent to injure that

person or another.

B. Whoever commits aggravated battery against a

household member by inflicting an injury to that person that

is not likely to cause death or great bodily harm, but that

does cause painful temporary disfigurement or temporary loss

or impairment of the functions of any member or organ of the

body, is guilty of a misdemeanor.

C. Whoever commits aggravated battery against a

household member by inflicting great bodily harm or doing so

with a deadly weapon or doing so in any manner whereby great

bodily harm or death can be inflicted is guilty of a third

degree felony.

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D. Upon conviction pursuant to Subsection B of

this section, an offender shall be required to participate in

and complete a domestic violence offender treatment program

approved by the children, youth and families department

pursuant to rules promulgated by the department that define

the criteria for such programs.

E. Notwithstanding any provision of law to the

contrary, if a sentence imposed pursuant to the provisions of

Subsection B of this section is suspended or deferred in

whole or in part, the period of probation may extend beyond

three hundred sixty-four days but may not exceed two years.

If an offender violates a condition of probation, the court

may impose any sentence that the court could originally have

imposed and credit shall not be given for time served by the

offender on probation; provided that the total period of

incarceration may not exceed three hundred sixty-four days

and the combined period of incarceration and probation may

not exceed two years."

Section 3. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.