HOUSE BILL 52

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Joanne J. Ferrary

AN ACT

RELATING TO DOMESTIC VIOLENCE; RECOGNIZING HARM OR THREATENED HARM TO COMPANION ANIMALS AS DOMESTIC ABUSE.

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

     SECTION 1. 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;

                     (j) strangulation;

                     (k) suffocation; or

                     (l) harm or threatened harm to children as set forth in this paragraph; [and]

                (3) means an incident by a household member consisting of or resulting in the act or threat of:

                     (a) intentionally or maliciously torturing, mutilating, injuring or poisoning a companion animal; or

                     (b) maliciously killing a companion animal; and

                [(3)] (4) 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;

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

          J. "strangulation" has the same meaning as set forth in Section 30-3-11 NMSA 1978; and

          K. "suffocation" has the same meaning as set forth in Section 30-3-11 NMSA 1978."