HOUSE MEMORIAL 58

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Nathan P. Cote

A MEMORIAL

REQUESTING THE NEW MEXICO DOMESTIC VIOLENCE LEADERSHIP COMMISSION TO IDENTIFY INSTANCES OF CONSEQUENCES OF A CONVICTION OF DOMESTIC VIOLENCE TO PROFESSIONAL LICENSURE OR CERTIFICATION.

     WHEREAS, according to the national coalition against domestic violence, domestic violence is the willful intimidation, physical assault, battery, sexual assault or other abusive behavior perpetrated by a household member or an intimate partner against another; and

     WHEREAS, domestic violence is an epidemic affecting individuals in every community, regardless of age, economic status, race, religion, nationality, occupation or educational background; and

     WHEREAS, domestic violence can result in physical injury, psychological trauma or even death; and

     WHEREAS, some professions carry a special responsibility to the public due to their role in providing protection, legal representation, education, health care or other personal services; and

     WHEREAS, perpetration of domestic violence by members of these professions can have an especially devastating effect due to the lack of trust that ensues in addition to the physical and emotional trauma; and

     WHEREAS, people in many professions that serve the public may be shielded from legal recourse following the perpetration of domestic violence due to the high esteem in which these professionals are held by the general public; and

     WHEREAS, it is reasonable to consider the imposition of professional consequences, such as imposing restrictions on the individual's professional licensure or certification, as a result of the perpetration of domestic violence by members of these public professions in order to remove them from positions of public trust;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico domestic violence leadership commission be requested to study the consequences of a conviction of domestic violence to professional licensure or certification; and

     BE IT FURTHER RESOLVED that the New Mexico domestic violence commission identify the extent to which licensure or certification restrictions may be currently imposed on the professions of law enforcement, law, education, health care and other professions as may be identified by the commission following a domestic violence conviction; and

     BE IT FURTHER RESOLVED that the commission identify whether other states impose such restrictions on these professions; and

     BE IT FURTHER RESOLVED that the commission assess the potential effectiveness of imposing such licensure or certification restrictions and report their findings and recommendations to the governor and to the appropriate interim legislative committee by November 2010; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the domestic violence czar and the chair of the New Mexico domestic violence leadership commission.

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