HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 463

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO CRIMINAL LAW; CLARIFYING AND AMENDING THE ELEMENTS OF ABANDONMENT OF A CHILD, RECKLESS ABUSE OF A CHILD AND INTENTIONAL ABUSE OF A CHILD; PROVIDING THAT ABANDONMENT OF A CHILD MAY BE A LESSER INCLUDED OFFENSE OF ABUSE OF A CHILD; ADJUSTING PENALTIES.

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

     SECTION 1. Section 30-6-1 NMSA 1978 (being Laws 1973, Chapter 360, Section 10, as amended) is amended to read:

     "30-6-1. [ABANDONMENT OR ABUSE OF A CHILD] DEFINITIONS.--[A.] As used in [this section] Chapter 30, Article 6 NMSA 1978:

          [(1)] A. "child" means a person who is [less] younger than eighteen years of age;

          [(2)] B. "intentionally" describes acts that are done purposefully and with a conscious objective to endanger or abuse a child, even if the person did not intend the resulting harm;

          C. "neglect" means that a child is without proper parental care and control of subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parents, guardian or custodian or their neglect or refusal, when able to do so, to provide them; and

          [(3) "negligently"] D. "recklessly" refers to criminal negligence and [means that a] describes acts that disregard a substantial, foreseeable risk, where the person knew [or should have known] of the danger involved and acted with a reckless disregard for the safety or health of the child.

          [B. Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect. A person who commits abandonment of a child is guilty of a misdemeanor, unless the abandonment results in the child's death or great bodily harm, in which case the person is guilty of a second degree felony.

          C. A parent, guardian or custodian who leaves an infant less than ninety days old in compliance with the Safe Haven for Infants Act shall not be prosecuted for abandonment of a child.

          D. Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to be:

                (1) placed in a situation that may endanger the child's life or health;

                (2) tortured, cruelly confined or cruelly punished; or

                (3) exposed to the inclemency of the weather.

          E. A person who commits abuse of a child that does not result in the child's death or great bodily harm is, for a first offense, guilty of a third degree felony and for second and subsequent offenses is guilty of a second degree felony. If the abuse results in great bodily harm to the child, the person is guilty of a first degree felony.

          F. A person who commits negligent abuse of a child that results in the death of the child is guilty of a first degree felony.

          G. A person who commits intentional abuse of a child twelve to eighteen years of age that results in the death of the child is guilty of a first degree felony.

          H. A person who commits intentional abuse of a child less than twelve years of age that results in the death of the child is guilty of a first degree felony resulting in the death of a child.

          I. Evidence that demonstrates that a child has been knowingly, intentionally or negligently allowed to enter or remain in a motor vehicle, building or any other premises that contains chemicals and equipment used or intended for use in the manufacture of a controlled substance shall be deemed prima facie evidence of abuse of the child.

          J. Evidence that demonstrates that a child has been knowingly and intentionally exposed to the use of methamphetamine shall be deemed prima facie evidence of abuse of the child.

          K. A person who leaves an infant less than ninety days old at a hospital may be prosecuted for abuse of the infant for actions of the person occurring before the infant was left at the hospital.]"

     SECTION 2. A new Section 30-6-1.1 NMSA 1978 is enacted to read:

     "30-6-1.1. [NEW MATERIAL] ABANDONMENT OF A CHILD.--

          A. Abandonment of a child consists of the parent, guardian or custodian of a child knowingly or intentionally leaving or abandoning the child without an intent to return with reasonable promptness and under circumstances whereby the child is at a foreseeable risk of suffering neglect or does suffer neglect.

          B. A person who commits abandonment of a child is guilty of a fourth degree felony, unless the abandonment results in the child's death or great bodily harm, in which case the person is guilty of a second degree felony.

          C. Abandonment of a child may be a lesser included offense of abuse of a child."

     SECTION 3. A new Section 30-6-1.2 NMSA 1978 is enacted to read:

     "30-6-1.2. [NEW MATERIAL] RECKLESS ABUSE OF A CHILD.--

          A. Reckless abuse of a child consists of a person recklessly, and without justifiable cause, causing or permitting a child to be placed in a situation knowing that it may endanger the child's life or health, thereby creating or disregarding a substantial and foreseeable risk of significant harm to the child.

          B. A person who commits reckless abuse of a child that does not result in physical injury to the child is guilty of a misdemeanor.

          C. A person who commits reckless abuse of a child that results in physical injury to the child that does not constitute great bodily harm is guilty of a fourth degree felony.

          D. A person who commits reckless abuse of a child that results in great bodily harm to the child if the child is:

                (1) under the age of thirteen is guilty of a second degree felony; and

                (2) thirteen to eighteen years of age is guilty of a third degree felony.

          E. A person who commits reckless abuse of a child that results in the death of the child if the child is:

                (1) under the age of thirteen is guilty of a first degree felony; and

                (2) thirteen to eighteen years of age is guilty of a second degree felony resulting in the death of a human being."

     SECTION 4. A new Section 30-6-1.3 NMSA 1978 is enacted to read:

     "30-6-1.3. [NEW MATERIAL] INTENTIONAL ABUSE OF A CHILD.--

          A. Intentional abuse of a child consists of a person knowingly and intentionally, and without justifiable cause, causing a child to be:

                (1) placed in a situation that endangers the child's life or health, intending such endangerment; or

                (2) tortured, cruelly confined or cruelly punished.

          B. A person who commits intentional abuse of a child that does not result in physical injury to the child is guilty of a fourth degree felony.

          C. A person who commits intentional abuse of a child that results in physical injury to the child that does not constitute great bodily harm is guilty of a third degree felony.

          D. A person who commits intentional abuse of a child that results in great bodily harm to the child if the child is:

                (1) under the age of thirteen is guilty of a second degree felony; and

                (2) thirteen to eighteen years of age is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, the basic sentence of imprisonment is six years.

          E. A person who commits intentional abuse of a child that results in the death of the child if the child is:

                (1) under the age of thirteen is guilty of a first degree felony resulting in the death of a child; and

                (2) thirteen to eighteen years of age is guilty of a first degree felony.

          F. A person who commits intentional abuse of a child with intent to kill the child and that results in the death of the child is guilty of a first degree felony resulting in the death of a child."

     SECTION 5. A new Section 30-6-1.4 NMSA 1978 is enacted to read:

     "30-6-1.4. [NEW MATERIAL] PROSECUTION OF ABANDONMENT OR ABUSE OF A CHILD.--

          A. Evidence that demonstrates that a child has been recklessly or intentionally exposed to the inclemency of the weather that presents a substantial and foreseeable risk of harm to the child's life or health shall be deemed prima facie evidence of abuse of the child.

          B. Evidence that demonstrates that a person has knowingly and intentionally exposed a child to the use or consumption of methamphetamine shall be deemed prima facie evidence of abuse of the child.

          C. A parent, guardian or custodian who leaves an infant ninety days of age or less in compliance with the Safe Haven for Infants Act shall not be prosecuted for abandonment of a child."

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

- 8 -