SENATE BILL 407

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO DOMESTIC AFFAIRS; AMENDING AND ENACTING SECTIONS OF THE FAMILY VIOLENCE PROTECTION ACT TO MANDATE REPORTING OF ALLEGED DOMESTIC ABUSE AND REFERRAL TO SERVICES FOR AFFECTED HOUSEHOLDS; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO INVESTIGATE ALLEGED DOMESTIC ABUSE AND TO REFER AFFECTED HOUSEHOLDS TO APPROPRIATE SERVICES.

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

     SECTION 1. Section 40-13-1.1 NMSA 1978 (being Laws 2002, Chapter 34, Section 2 and Laws 2002, Chapter 35, Section 2) is amended to read:

     "40-13-1.1. LEGISLATIVE FINDINGS--STATE POLICY--DUAL ARRESTS.--The legislature finds that:

          A. domestic abuse presents a grave threat to the well-being of members of the households in which it occurs, and allegations of domestic abuse must be referred to law enforcement for prompt investigation;

          B. domestic abuse incidents are complex and require special training on the part of law enforcement officers to respond appropriately [to domestic abuse incidents]. The state [of New Mexico] discourages dual arrests of persons involved in incidents of domestic abuse. A law enforcement officer, in making arrests for domestic abuse, shall seek to identify and shall consider whether one of the parties acted in self-defense; and

          C. households in which domestic abuse has occurred may be in need of services to assist the household in avoiding future incidents or allegations of domestic abuse."

     SECTION 2. Section 40-13-2 NMSA 1978 (being Laws 1987, Chapter 286, Section 2, as amended) is amended to read:

     "40-13-2. DEFINITIONS.--As used in the Family Violence Protection Act:

          A. "continuing personal relationship" means a dating or intimate relationship;

          B. "co-parents" means persons who have a child in common, regardless of whether they have been married or have lived together at any time;

          C. "court" means the district court of the judicial district where an alleged victim of domestic abuse resides or is found;

          D. "department" means the children, youth and families department;

          [D.] E. "domestic abuse":

                (1) means an incident of stalking or sexual assault whether committed by a household member or not;

                (2) means an incident by a household member against another household member consisting of or resulting in:

                     (a) physical harm;

                     (b) severe emotional distress;

                     (c) bodily injury or assault;

                     (d) a threat causing imminent fear of bodily injury by any household member;

                     (e) criminal trespass;

                     (f) criminal damage to property;

                     (g) repeatedly driving by a residence or work place;

                     (h) telephone harassment;

                     (i) harassment; or

                     (j) harm or threatened harm to children as set forth in this paragraph; and

                (3) does not mean the use of force in self-defense or the defense of another;

          [E.] F. "household member" means a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child or a person with whom the petitioner has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section;

          [F.] G. "mutual order of protection" means an order of protection that includes provisions that protect both parties;

          [G.] H. "order of protection" means an injunction or a restraining or other court order granted for the protection of a victim of domestic abuse;

          I. "petitioner" means a person that files a petition pursuant to the provisions of Section 40-13-3 NMSA 1978;

          [H.] J. "protected party" means a person protected by an order of protection; and

          [I.] K. "restrained party" means a person who is restrained by an order of protection."

     SECTION 3. A new section of the Family Violence Protection Act is enacted to read:

     "[NEW MATERIAL] MANDATORY REPORTING--INVESTIGATION--REFERRAL.--

          A. A person that is not privileged as a matter of law and that has knowledge of or a reasonable suspicion that domestic abuse is occurring shall immediately refer the allegation of domestic abuse to local or tribal law enforcement.

          B. In addition to following the protocols set forth in Section 40-13-7 NMSA 1978, a law enforcement agency receiving a report of domestic abuse shall transmit in writing the facts of the report and the name, address and contact information of the reporter to the department. The department shall coordinate its actions with law enforcement to take immediate steps to ensure prompt investigation of the report and that immediate steps are taken to protect the health and welfare of the members of the household. The department shall ensure that the members of the household receive behavioral health or social services as appropriate to address the needs of household members after the incident or allegation of domestic abuse and to avoid any further incidents or allegations of domestic abuse."

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