HOUSE BILL 625

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

INTRODUCED BY

Daymon Ely and Angelica Rubio

AN ACT

RELATING TO CIVIL ACTIONS; AUTHORIZING THE ATTORNEY GENERAL TO BRING AN ACTION ON BEHALF OF REFUGEE CHILDREN; CREATING A FUND; MAKING APPROPRIATIONS.

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

     SECTION 1. [NEW MATERIAL] SEPARATION AND DETENTION OF REFUGEE CHILDREN FROM PARENT OR GUARDIAN--INVESTIGATION BY ATTORNEY GENERAL.--

          A. It is a violation of this section to:

                (1) separate a refugee child from the child's parent or guardian without a finding by a district court that the parent or guardian is unfit or presents a danger to the child;

                (2) detain a refugee child without a judicial determination of probable cause to believe that the child committed an offense contrary to law; or

                (3) allow a child to suffer great bodily harm or to die through neglect of the child's basic needs as determined by the children, youth and families department.

          B. A person, governmental agency or detention facility that violates Subsection A of this section shall be liable for:

                (1) a civil penalty of not less than fifty thousand dollars ($50,000) and not more than one hundred thousand dollars ($100,000) for each violation;

                (2) the costs of a civil action brought to recover damages or penalties; and

                (3) reasonable attorney fees, including the fees of the attorney general.

          C. The attorney general shall investigate suspected violations of Subsection A of this section, and if the attorney general finds that a person, governmental agency or detention facility has violated or is violating Subsection A of this section, the attorney general may bring a civil action against that person or governmental agency.

          D. The remedies provided for in this section are not exclusive and shall be in addition to any other remedies provided for in any other law or available under common law.

          E. Damages collected pursuant to this section on behalf of the state shall be remitted to the state treasurer for deposit in the refugee services program fund to be used for the purposes provided in Section 2 of this 2019 act.

          F. Penalties, attorney fees or costs of investigation recovered pursuant to this section on behalf of the state shall be remitted to the state treasurer for deposit in the refugee services program fund to be used for the purposes provided in Section 2 of this 2019 act.

          G. As used in this section:

                (1) "detention facility" means any building or structure that houses detained refugees, including a federal or state prison, a private prison, a county or municipal jail or any detention facility, whether government-operated or privately operated; and 

                (2) "refugee" means a displaced person who has crossed national boundaries and who has applied, is applying or intends to apply for asylum status.

     SECTION 2. [NEW MATERIAL] REFUGEE SERVICES PROGRAM FUND CREATED.--

          A. The "refugee services program fund" is created in the state treasury. The fund consists of money appropriated to the fund by the legislature, damages collected and penalties, legal fees or costs of investigation recovered pursuant to Section 1 of this 2019 act. Money in the fund shall not revert to any other fund at the end of a fiscal year. The secretary of children, youth and families shall administer the fund, and money in the fund is appropriated to the children, youth and families department for services to refugee children. Money in the fund shall be disbursed on warrant signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of children, youth and families or the secretary's authorized representative.

          B. As used in this section, "refugee" means a displaced person who has crossed national boundaries and who has applied, is applying or intends to apply for asylum status.

     SECTION 3. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the refugee services program fund for expenditure in fiscal year 2020 and subsequent fiscal years to provide services to children who crossed national boundaries into New Mexico and who have applied, are applying or intend to apply for asylum status. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     SECTION 4. APPROPRIATION.--One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the office of the attorney general for expenditure in fiscal year 2020 for support and prosecution of violations by persons, governmental agencies or detention facilities pursuant to Section 1 of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2020 shall revert to the general fund.

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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