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HOUSE BILL 383
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Stefani Lord and John Block
AN ACT
RELATING TO CRIME; ADDING THE EXPOSURE TO THE USE OF FENTANYL
AS EVIDENCE OF ABUSE OF A CHILD; MAKING AN APPROPRIATION.
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) "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,
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when able to do so, to provide them; and
(3) "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.
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
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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.
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 or fentanyl shall be deemed prima facie
evidence of abuse of the child.
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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."
SECTION 2. APPROPRIATION.--Five hundred thousand dollars
($500,000) is appropriated from the general fund to the
department of public safety for expenditure in fiscal year 2026
to expand its investigation of child abuse and neglect cases to
include those cases involving fentanyl. Any unexpended or
unencumbered balance remaining at the end of fiscal year 2026
shall revert to the general fund.
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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