Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports
if they are used for other purposes.
Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).
Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and
attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.
F I S C A L I M P A C T R E P O R T
SPONSOR Adair
ORIGINAL DATE
LAST UPDATED
1/21/08
1/29/08 HB
SHORT TITLE Uniform Child Abduction Prevention Act
SB 69
ANALYST Wilson
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY08
FY09
FY10 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
$0.1
Recurring
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates HB 504
SOURCES OF INFORMATION
LFC Files
Responses Received From
Public Defender Department (PDD)
SUMMARY
Synopsis of Bill
Senate Bill 69 creates a new statute to be entitled the Uniform Child Abduction Prevention Act.
The bill offers several definitions including “abduction" as the wrongful removal or wrongful
detention of a child. “Child-custody determination" is defined a judgment decree or other court
order providing for the legal custody, physical custody or visitation of a child.
The bill sets out a number of abduction prevention measures: (1) a court on its own motion may
order anti-abduction measures if it finds that there is a credible risk of abduction of the child; (2)
a party to a child-custody determination may file a petition seeking abduction prevention
measures; and, (3) a prosecutor or other public authority may seek a warrant to take physical
custody of a child to prevent abduction.
The bill sets out a number of factors to determine the existence of a risk of abduction, including,
but not limited to: previous abduction of the child; threat to abduct to child; and, recent activity
including abandonment of employment, selling of a residence, closing bank accounts, or
obtaining passports.
If a petition is filed pursuant to the Act, the court may impose travel restrictions, may prohibit
the removal of the child from the state, and may impose conditions on the exercise of custody
including limiting visitation or requiring supervised visitation.