HOUSE BILL 497

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Antonio "Moe" Maestas

AN ACT

RELATING TO DOMESTIC VIOLENCE; RECONCILING DIFFERENCES IN THE DEFINITION OF "HOUSEHOLD MEMBER" IN THE CRIMES AGAINST HOUSEHOLD MEMBERS ACT, THE FAMILY VIOLENCE PROTECTION ACT AND THE CRIMINAL PROCEDURE ACT.

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

     SECTION 1. Section 30-3-11 NMSA 1978 (being Laws 1995, Chapter 221, Section 2, as amended) is amended to read:

     "30-3-11. DEFINITIONS.--As used in the Crimes Against Household Members Act:

          A. "household member" means a spouse, former spouse, parent, present or former stepparent, present or former [parent in-law] parent-in-law, grandparent, grandparent-in-law, a co-parent of a child or a person with whom a person has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for the purposes of the Crimes Against Household Members Act; and

          B. "continuing personal relationship" means a dating or intimate relationship." 

     SECTION 2. Section 31-1-7 NMSA 1978 (being Laws 1979, Chapter 178, Section 1, as amended) is amended to read:

     "31-1-7. ARREST WITHOUT WARRANT--LIABILITY.--

          A. Notwithstanding the provisions of any other law to the contrary, a peace officer may arrest a person and take that person into custody without a warrant when the officer is at the scene of a domestic disturbance and has probable cause to believe that the person has committed an assault or a battery upon a household member. As used in this section: "household member" means a spouse, former spouse, [family member, including a relative] parent, present or former stepparent, present or former [in-law, child or] parent-in-law, grandparent, grandparent-in-law, co-parent of a child or a person with whom the victim has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section.

          B. No peace officer shall be held criminally or civilly liable for making an arrest pursuant to this section, provided [he] the officer acts in good faith and without malice.

          C. Whether or not an arrest is made pursuant to this section, a peace officer may remain with the victim and assist the victim in getting to a shelter or receiving proper medical attention."

     SECTION 3. 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. "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. "household member" means a spouse, former spouse, parent, present or former stepparent, present or former [parent in-law] 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. "mutual order of protection" means an order of protection that includes provisions that protect both parties;

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

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

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

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