SENATE BILL 38

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Howie C. Morales and Monica Youngblood

AN ACT

RELATING TO THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; CREATING THE CRIMES OF ASSAULT AND BATTERY UPON A PUBLIC SERVICE WORKER OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; ESTABLISHING PENALTIES.

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

     SECTION 1. A new section of the Criminal Code, Section 30-3-9.3 NMSA 1978, is enacted to read:

     "30-3-9.3. [NEW MATERIAL] ASSAULT--BATTERY--PUBLIC SERVICE WORKERS OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT.--

          A. As used in this section:

                (1) "in the lawful discharge of the public service worker's duties" means engaged in the performance of the duties of a children, youth and families department public service worker; and

                (2) "public service worker" means an employee of the children, youth and families department who works directly with children and families in either the protective services division or juvenile justice division of the children, youth and families department and includes any child protection investigator, family services worker, client service worker, permanency planning worker, placement worker, foster care worker, adoption worker, social worker, in-home services worker, youth transition coordinator, case worker, juvenile probation officer or family-centered mediator or any supervisor of any of those or any person authorized to transport clients for the department.

          B. Assault upon a public service worker consists of:

                (1) an attempt to commit a battery upon the person of a public service worker who is in the lawful discharge of the public service worker's duties; or

                (2) any unlawful act, threat or menacing conduct that causes a public service worker who is in the lawful discharge of the public service worker's duties to reasonably believe that the public service worker is in danger of receiving an immediate battery.

     Whoever commits assault upon a public service worker is guilty of a misdemeanor.

          C. Aggravated assault upon a public service worker consists of:

                (1) unlawfully assaulting or striking at a public service worker with a deadly weapon while the public service worker is in the lawful discharge of the public service worker's duties; or

                (2) willfully and intentionally assaulting a public service worker who is in the lawful discharge of the public service worker's duties with intent to commit any felony.

     Whoever commits aggravated assault upon a public service worker is guilty of a third degree felony.

          D. Battery upon a public service worker is the unlawful, intentional touching or application of force to the person of a public service worker who is in the lawful discharge of the public service worker's duties, when done in a rude, insolent or angry manner.

     Whoever commits battery upon a public service worker is guilty of a fourth degree felony.

          E. Aggravated battery upon a public service worker consists of the unlawful touching or application of force to the person of a public service worker with intent to injure that public service worker while the public service worker is in the lawful discharge of the public service worker's duties.

     Whoever commits aggravated battery upon a public service worker, inflicting great bodily harm or does so with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted, is guilty of a third degree felony.

          F. A person who assists or is assisted by one or more other persons to commit a battery upon a public service worker who is in the lawful discharge of the public service worker's duties is guilty of a fourth degree felony."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.

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