SENATE BILL 605

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Sander Rue

AN ACT

RELATING TO LAW ENFORCEMENT; REQUIRING LAW ENFORCEMENT OFFICERS TO TRANSPORT PERSONS WITH MENTAL ILLNESS TO TREATMENT CENTERS RATHER THAN JAILS IN CERTAIN DOMESTIC VIOLENCE CASES.

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

     Section 1. A new section of the Crimes Against Household Members Act is enacted to read:

     "[NEW MATERIAL] DETENTION AND TRANSPORT FOR EMERGENCY MENTAL HEALTH EVALUATION.--

          A. A law enforcement officer shall detain and transport a person for emergency mental health evaluation and care in accordance with Section 43-1-10 NMSA 1978 if:

                (1) the law enforcement officer has probable cause to believe that the person has committed a crime classified as a misdemeanor or petty misdemeanor pursuant to the Crimes Against Household Members Act;

                (2) the law enforcement officer has reasonable grounds to believe that the person has a mental illness;

                (3) the alleged victim consents to the person's transportation for evaluation; and

                (4) the person is not charged with a felony.

          B. Nothing in this section precludes the filing of a criminal complaint against a person."

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