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

SPONSOR McSorley

ORIGINAL DATE

LAST UPDATED

2/1/07

HB

SHORT TITLE Enforcement of Domestic Violence Orders

SB 177

ANALYST Wilson

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$0.1

$0.1

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Office of the Attorney General (OAG)

Public Defender Department (PDD)

SUMMARY

Synopsis of Bill

Senate Bill 177 enacts The Uniform Interstate Enforcement of Foreign Domestic Violence

Protection Orders Act. It provides for enforcement by New Mexico courts and law enforcement

of valid foreign protection orders through establishment of uniform procedures. The bill provides

immunity from civil and criminal liability to law enforcement, state officials and local officials

involved in enforcement under the Act

SB 177 provisions include:

•

Judicial enforcement of order

. Courts must enforce the terms of valid protection orders of

other states as if they were entered by the enforcing state, until the order expires.

•

Terms of the order

. All terms of the order are to be enforced, even if the order provides

for relief that would be unavailable under the laws of the enforcing state. Terms that

concern custody and visitation matters are enforceable if issued for protection purposes

and if the order meets the jurisdictional requirements of the enforcing state.

Senate Bill 177– Page

2

Terms of the order with respect to support are enforceable under the Uniform Interstate

Family Support Act.

•

Non-judicial enforcement of the order

. A law enforcement officer, upon finding probable

cause that a valid order has been violated, must enforce the order as if it were an order of

the enforcing state.

•

Registration of order

. An individual may, but is not required to, register as foreign

protection order with the enforcing state. Registration will help set aside possible

challenges to an order as well as facilitate effective enforcement of an order.

•

Immunity.

Law enforcement officers, governmental agencies, prosecuting attorneys

clerks of court, or other officials are protected from civil and criminal liability for

enforcement of a protection order in good faith.

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution and documentation

of statutory changes. Any additional fiscal impact on the judiciary would be proportional to the

enforcement of this law and commenced prosecutions. New laws, amendments to existing laws

and new hearings have the potential to increase caseloads in the courts, thus requiring additional

resources to handle the increase.

SIGNIFICANT ISSUES

This bill duplicates existing law in New Mexico. Foreign protection orders are already enforced

in New Mexico through the Family Violence Protection Act, §40-13-1 (NMSA 1978). The

proposed legislation does repeal the one portion of the Family Violence Protection Act that

would create conflict between the two statutory provisions.

This is a draft bill created by the National Conference of Commissioners on Uniform State Laws

(NCCUSL) to ensure that domestic violence protection orders are enforceable from state to state.

According to its website, this draft law has been adopted by 17 states (www.nccusl.org). At least

one other state is considering this legislation this year.

According to NCCUSL, this Act establishes uniform procedures that will enable courts to

recognize and enforce valid domestic protection orders issued in other jurisdictions. Uniformity

will enable courts around the country to treat such cases consistently, thereby better serving the

needs of victims of domestic violence.

ADMINISTRATIVE IMPLICATIONS

There may be an administrative impact on the courts as the result of an increase in caseload and

in the amount of time necessary to dispose of cases.

DW/nt