SENATE BILL 69

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Linda M. Lopez and Patricia Roybal Caballero

 

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF ABANDONMENT OF A CHILD WITH A DISABILITY; CREATING THE CRIME OF ABUSE OF A CHILD WITH A DISABILITY; CREATING A PRESUMPTION OF KNOWLEDGE OF A CHILD'S DISABILITY FOR A PARENT, GUARDIAN, CARETAKER OR PERSON CHARGED WITH THE CARE OF A CHILD; PROVIDING 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.--

          A. As used in this section:

                (1) "child" means a person who is less than eighteen years of age;

                (2) "disability" means that a child has a physical or mental disability that substantially limits one or more of that child's physical or mental functions, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning or working. A formal medical diagnosis is not necessary to establish the existence of a child's disability;

                [(2)] (3) "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)] (4) "negligently" refers to criminal negligence and means that a 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. A person who commits abandonment of a child with a disability 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 first 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. A person who commits abuse of a child that does not result in the child's death or great bodily harm against a child with a disability is, for a first offense, guilty of a second degree felony and for second or subsequent offenses 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.

          L. A parent, guardian, caretaker or person charged with the care of a child is presumed to know if that child suffers from a disability. This presumption can be rebutted by evidence that the parent, guardian, caretaker or person charged with the care of a child did not know, or should not have known, that the child in the person's care suffered from a disability."

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