February 17, 1999

Mr. President:

Your JUDICIARY COMMITTEE, to whom has been referred

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, between lines 15 and 16, insert the following section:

"Section 1. Section 30-9-10 NMSA 1978 (being Laws 1975, Chapter 109, Section 1, as amended) is amended to read:

"30-9-10. DEFINITIONS.--As used in Sections 30-9-10 through 30-9-16 NMSA 1978:

A. "force or coercion" means:

(1) the use of physical force or physical violence;

(2) the use of threats to use physical violence or physical force against the victim or another when the victim believes that there is a present ability to execute the threats;

(3) the use of threats, including threats of physical punishment, kidnapping, extortion or retaliation directed against the victim or another when the victim believes that there is an ability to execute the threats;

(4) the perpetration of criminal sexual penetration or criminal sexual contact when the perpetrator knows or has reason to know that the victim is unconscious, asleep or otherwise physically helpless or suffers from a mental condition that renders the victim incapable of understanding the nature or consequences of the act; or

(5) the perpetration of criminal sexual penetration or criminal sexual contact by a psychotherapist on his patient, with or without the patient's consent, during the course of psychotherapy or within a period of one year following the termination of psychotherapy.

Physical or verbal resistance of the victim is not an element of force or coercion;

B. "great mental anguish" means psychological or emotional damage that requires psychiatric or psychological treatment or care, either on an inpatient or outpatient basis, and is characterized by extreme behavioral change or severe physical symptoms;

C. "patient" means a person who seeks or obtains psychotherapy;

D. "personal injury" means bodily injury to a lesser degree than great bodily harm and includes, but is not limited to, disfigurement, mental anguish, chronic or recurrent pain, pregnancy or disease or injury to a sexual or reproductive organ;

[E. "position of authority" means that position occupied by a parent, relative, household member, teacher, employer or other person who, by reason of that position, is able to exercise undue influence over a child;

F.] E. "psychotherapist" means a person who is or purports to be a:

(1) licensed physician who practices psychotherapy;

(2) licensed psychologist;

(3) licensed social worker;

(4) licensed nurse;

(5) counselor;

(6) substance abuse counselor;

(7) psychiatric technician;

(8) mental health worker;

(9) marriage and family therapist;

(10) hypnotherapist; or

(11) minister, priest, rabbi or other similar functionary of a religious organization acting in his role as a pastoral counselor;

[G.] F. "psychotherapy" means professional treatment or assessment of a mental or an emotional illness, symptom or condition; and

[H.] G. "spouse" means a legal husband or wife, unless the couple is living apart or either husband or wife has filed for separate maintenance or divorce."".

2. Renumber the succeeding sections accordingly.

3. On page 2, lines 15 and 16, strike "in a position of authority over the child" and insert in lieu thereof:

"a psychotherapist, parent, relative, household member, employer, primary school teacher, secondary school teacher or person employed for the supervision or control of children and uses his authority to coerce the child to submit".

4. On page 3, line 6, after "perpetrated" insert a colon.

5. On page 3, strike line 7 in its entirety and insert in lieu thereof:

"(1) through the use of force or coercion; or

(2) on a child thirteen to eighteen years of age when the perpetrator is a psychotherapist, parent, relative, household member, primary school teacher, secondary school teacher or person employed for the supervision or control of children.".

6. On page 4, lines 9 and 10, strike "the perpetrator is in a position of authority over the child" and insert in lieu thereof:

"the perpetrator is a psychotherapist, parent, relative, household member, employer, primary school teacher, secondary school teacher or person employed for the supervision or control of children.".,

and thence referred to the FINANCE COMMITTEE.

Respectfully submitted,

__________________________________

Cisco McSorley, Vice Chairman

Adopted_______________________ Not Adopted_______________________

(Chief Clerk) (Chief Clerk)

Date ________________________

The roll call vote was 5 For 0 Against

Yes: 5

No: None

Excused: Aragon, Sanchez, Stockard

Absent: None

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