0001| HOUSE BILL 1005
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| BRETT D. JOHNSON
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO ENFORCEMENT OF THE COMPULSORY SCHOOL ATTENDANCE
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0012| LAW; AMENDING SECTIONS OF THE NMSA 1978; PROVIDING A PENALTY.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 22-12-7 NMSA 1978 (being Laws 1967,
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0016| Chapter 16, Section 175, as amended) is amended to read:
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0017| "22-12-7. ENFORCEMENT OF ATTENDANCE LAW--PENALTY.--
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0018| A. Each local school board and each governing
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0019| authority of a private school shall initiate the enforcement of
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0020| the provisions of the Compulsory School Attendance Law for
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0021| students enrolled in their respective schools.
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0022| B. To initiate enforcement of the provisions of the
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0023| Compulsory School Attendance Law, a local school board or
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0024| governing authority of a private school or its authorized
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0025| representatives shall give written notice by certified mail to
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0001| or by personal service on the parent, guardian or custodian of
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0002| a student subject to and in noncompliance with the provisions
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0003| of the Compulsory School Attendance Law.
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0004| C. If violations of the provisions of the
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0005| Compulsory School Attendance Law continue after written notice
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0006| as provided in Subsection B of this section has occurred, the
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0007| student shall be reported to the probation services office of
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0008| the judicial district where the student resides for an
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0009| investigation as to whether the student shall be considered to
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0010| be a neglected child or a child in need of supervision and thus
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0011| subject to the provisions of the Children's Code.
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0012| D. If, after review by the juvenile probation
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0013| office of the children's court division or by the district
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0014| judge of the children's court division where the student
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0015| resides, a determination and finding is made that the
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0016| nonattendance by the student may have been caused by the
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0017| parent, guardian or one having custody of the student, then the
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0018| matter will be referred [by the juvenile probation office or
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by the children's court division of the district court] to the
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0020| district attorney's office or any law enforcement agency having
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0021| jurisdiction for appropriate investigation and filing of
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0022| charges allowed under the Compulsory School Attendance Law.
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0023| E. [A parent] Parents jointly, a single parent
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0024| having custody of the student, a guardian or one having
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0025| custody of the student who, after receiving written notice as
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0001| provided in Subsection B of this section and after the matter
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0002| has been reviewed in accordance with Subsection D of this
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0003| section, knowingly allows the student to continue to violate
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0004| the Compulsory School [Attendence] Attendance Law shall be
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0005| guilty of a [petty] misdemeanor. [Upon the first conviction,
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a fine of not less than twenty-five dollars ($25.00) or more
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than one hundred dollars ($100) may be imposed, or the parent,
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guardian or one having custody of the student may be ordered to
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perform community service. If violations of the Compulsory
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School Attendance Law continue, upon the second and subsequent
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convictions, the parent, guardian or one having custody of the
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student who knowingly allows the student to continue to violate
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the Compulsory School Attendance Law shall be guilty of a petty
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misdemeanor and shall be subject to a fine of not more than
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five hundred dollars ($500) or incarceration for a period not
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to exceed six months or both.]
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0017| F. [The provisions of this section shall apply
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beginning July 1, 1987.] Upon the first conviction, the judge
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0019| after sentencing shall suspend or defer sentence and place the
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0020| person on unsupervised probation for that portion of the
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0021| deferred or suspended sentence. The district court shall
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0022| attach to its order deferring or suspending sentence reasonable
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0023| conditions as it may deem necessary to ensure that the
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0024| defendant will observe the laws of the United States and the
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0025| various states and the ordinances of any municipality and may
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0001| be required to satisfy any other conditions reasonably related
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0002| to the defendant's rehabilitation.
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0003| G. At any time during probation, the court may issue
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0004| a warrant for the arrest of a probationer for violation of any
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0005| conditions of probation. The court shall then hold a hearing,
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0006| that may be informal, on the violation charged. If the
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0007| violation is established, the court may continue the original
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0008| probation, revoke the probation and either order a new
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0009| probation with any condition provided for in Section 31-20-5 or
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0010| 31-20-6 NMSA 1978 or require the probationer to serve the
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0011| balance of the sentence imposed or any lesser sentence. If
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0012| imposition of sentence was deferred, the court may impose any
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0013| sentence which might originally have been imposed but credit
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0014| shall be given for time served on probation. Proceedings to
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0015| revoke probation shall be conducted in the same manner as
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0016| outlined in Section 31-21-15 NMSA 1978.
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0017| H. If violations of the Compulsory School Attendance
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0018| Law continue, upon second and subsequent convictions, the
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0019| parent, guardian or one having custody of the student who
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0020| knowingly allows the student to continue to violate the
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0021| Compulsory School Attendance Law shall be guilty of a
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0022| misdemeanor and shall be subject to the penalties set forth in
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0023| Subsection A of Section 31-19-1 NMSA 1978."
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0024| Section 2. Section 32A-2-3 NMSA 1978 (being Laws 1993,
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0025| Chapter 77, Section 32, as amended) is amended to read:
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0001| "32A-2-3. DEFINITIONS.--As used in the Delinquency Act:
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0002| A. "delinquent act" means an act committed by a child
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0003| that would be designated as a crime under the law if committed
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0004| by an adult, including the following offenses:
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0005| (1) pursuant to municipal traffic codes or the
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0006| Motor Vehicle Code:
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0007| (a) any driving while under the influence of
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0008| intoxicating liquor or drugs;
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0009| (b) any failure to stop in the event of an
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0010| accident causing death, personal injury or damage to property;
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0011| (c) any unlawful taking of a vehicle or
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0012| motor vehicle;
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0013| (d) any receiving or transferring of a
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0014| stolen vehicle or motor vehicle;
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0015| (e) any homicide by vehicle;
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0016| (f) any injuring or tampering with a
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0017| vehicle;
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0018| (g) any altering or changing of an engine
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0019| number or other vehicle identification numbers;
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0020| (h) any altering or forging of a driver's
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0021| license or permit or any making of a fictitious license or
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0022| permit;
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0023| (i) reckless driving;
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0024| (j) driving with a suspended or revoked
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0025| license; or
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0001| (k) any offense punishable as a felony;
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0002| (2) buying, attempting to buy, receiving,
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0003| possessing or being served any alcoholic liquor or being
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0004| present in a licensed liquor establishment, other than a
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0005| restaurant or a licensed retail liquor establishment, except in
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0006| the presence of the child's parent, guardian, custodian or
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0007| adult spouse. As used in this paragraph, "restaurant" means
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0008| any establishment where meals are prepared and served primarily
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0009| for on-premises consumption and that has a dining room, a
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0010| kitchen and the employees necessary for preparing, cooking and
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0011| serving meals. "Restaurant" does not include establishments,
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0012| as defined in regulations promulgated by the director of the
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0013| special investigations division of the department of public
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0014| safety, that serve only hamburgers, sandwiches, salads and
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0015| other fast foods;
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0016| (3) any felony violation of the provisions of
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0017| Sections 17-1-1 through 17-5-9 NMSA 1978 or any regulations
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0018| adopted by the state game commission that relate to the time,
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0019| extent, means or manner that game animals, birds or fish may be
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0020| hunted, taken, captured, killed, possessed, sold, purchased or
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0021| shipped and for which a fine may be imposed or a civil damage
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0022| awarded;
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0023| (4) any violation of Section 30-29-2 NMSA 1978,
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0024| regarding the illegal use of a glue, aerosol spray product or
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0025| other chemical substance;
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0001| (5) any violation of the Controlled Substances
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0002| Act;
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0003| (6) escape from the custody of a law enforcement
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0004| officer or a juvenile probation or parole officer or from any
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0005| placement made by the department by a child who has been
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0006| adjudicated a delinquent child; [or]
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0007| (7) any violation of Section 30-15-1.1 NMSA 1978
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0008| regarding unauthorized graffiti on personal or real property;
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0009| (8) any child subject to the Compulsory School
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0010| Attendance Law who is absent from school without excuse for
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0011| more than ten days during a school semester; or
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0012| (9) disobedience, resistance, contempt or
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0013| refusal to obey any lawful order, rule or process of the
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0014| court;
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0015| B. "delinquent child" means a child who has committed
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0016| a delinquent act;
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0017| C. "delinquent offender" means a delinquent child who
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0018| is subject to juvenile sanctions only and who is not a youthful
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0019| offender or a serious youthful offender;
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0020| D. "detention facility" means a place where a child
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0021| may be detained under the Children's Code pending court hearing
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0022| and does not include a facility for the care and rehabilitation
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0023| of an adjudicated delinquent child;
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0024| E. "felony" means an act that would be a felony if
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0025| committed by an adult;
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0001| F. "misdemeanor" means an act that would be a
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0002| misdemeanor or petty misdemeanor if committed by an adult;
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0003| G. "restitution" means financial reimbursement by the
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0004| child to the victim or community service imposed by the court
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0005| and is limited to easily ascertainable damages for injury to or
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0006| loss of property, actual expenses incurred for medical,
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0007| psychiatric and psychological treatment for injury to a person
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0008| and lost wages resulting from physical injury, which are a
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0009| direct and proximate result of a delinquent act. "Restitution"
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0010| does not include reimbursement for damages for mental anguish,
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0011| pain and suffering or other intangible losses. As used in this
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0012| subsection, "victim" means any person who is injured or suffers
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0013| damage of any kind by an act that is the subject of a complaint
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0014| or referral to law enforcement officers or juvenile probation
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0015| authorities. Nothing contained in this definition limits or
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0016| replaces the provisions of Subsections A and B of Section
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0017| 32A-2-27 NMSA 1978;
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0018| H. "serious youthful offender" means an individual
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0019| fifteen to eighteen years of age who is charged with and
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0020| indicted or bound over for trial for first degree murder. A
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0021| "serious youthful offender" is not a delinquent child as
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0022| defined pursuant to the provisions of this section; and
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0023| I. "youthful offender" means a delinquent child
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0024| subject to adult or juvenile sanctions who is:
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0025| (1) fourteen to eighteen years of age at the
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0001| time of the offense and who is adjudicated for at least one of
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0002| the following offenses:
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0003| (a) second degree murder, as provided in
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0004| Section 30-2-1 NMSA 1978;
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0005| (b) assault with intent to commit a violent
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0006| felony, as provided in Section 30-3-3 NMSA 1978;
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0007| (c) kidnapping, as provided in Section
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0008| 30-4-1 NMSA 1978;
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0009| (d) aggravated battery, as provided in
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0010| [Subsection C of] Section 30-3-5 NMSA 1978;
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0011| (e) aggravated battery upon a peace officer,
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0012| as provided in [Subsection C of] Section 30-22-25 NMSA 1978;
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0013| (f) shooting at a dwelling or occupied
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0014| building or shooting at or from a motor vehicle, as provided in
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0015| Section 30-3-8 NMSA 1978;
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0016| (g) dangerous use of explosives, as provided
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0017| in Section 30-7-5 NMSA 1978;
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0018| (h) criminal sexual penetration, as provided
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0019| in Section 30-9-11 NMSA 1978;
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0020| (i) robbery, as provided in Section
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0021| 30-16-2 NMSA 1978;
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0022| (j) aggravated burglary, as provided in
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0023| Section 30-16-4 NMSA 1978;
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0024| (k) aggravated arson, as provided in Section
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0025| 30-17-6 NMSA 1978; or
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0001| (l) abuse of a child that results in great
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0002| bodily harm or death to the child, as provided in Section 30-6-
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0003| 1 NMSA 1978;
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0004| (2) fourteen to eighteen years of age at the
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0005| time of the offense and adjudicated for any felony offense and
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0006| who has had three prior, separate felony adjudications within a
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0007| three-year time period immediately preceding the instant
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0008| offense. The felony adjudications relied upon as prior
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0009| adjudications shall not have arisen out of the same transaction
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0010| or occurrence or series of events related in time and location.
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0011| Successful completion of consent decrees are not considered a
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0012| prior adjudication for the purposes of this paragraph; or
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0013| (3) fourteen years of age and adjudicated for
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0014| first degree murder, as provided in Section 30-2-1 NMSA 1978."
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0015|
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