New Mexico 2025 Regular Session

New Mexico House Bill HB383 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 383
29	29	57
30	30	TH LEGISLATURE
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33	33	STATE
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35	35	OF
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Stefani Lord and John Block
48	48	AN ACT
49	49	RELATING TO CRIME; ADDING THE EXPOSURE TO THE USE OF FENTANYL
50	50	AS EVIDENCE OF ABUSE OF A CHILD; MAKING AN APPROPRIATION.
51	51	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
52	52	SECTION 1. Section 30-6-1 NMSA 1978 (being Laws 1973,
53	53	Chapter 360, Section 10, as amended) is amended to read:
54	54	"30-6-1. ABANDONMENT OR ABUSE OF A CHILD.--
55	55	A. As used in this section:
56	56	(1) "child" means a person who is less than
57	57	eighteen years of age;
58	58	(2) "neglect" means that a child is without
59	59	proper parental care and control of subsistence, education,
60	60	medical or other care or control necessary for the child's
61	61	well-being because of the faults or habits of the child's
62	62	parents, guardian or custodian or their neglect or refusal,
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90	90	when able to do so, to provide them; and
91	91	(3) "negligently" refers to criminal
92	92	negligence and means that a person knew or should have known of
93	93	the danger involved and acted with a reckless disregard for the
94	94	safety or health of the child.
95	95	B. Abandonment of a child consists of the parent,
96	96	guardian or custodian of a child intentionally leaving or
97	97	abandoning the child under circumstances whereby the child may
98	98	or does suffer neglect. A person who commits abandonment of a
99	99	child is guilty of a misdemeanor, unless the abandonment
100	100	results in the child's death or great bodily harm, in which
101	101	case the person is guilty of a second degree felony.
102	102	C. A parent, guardian or custodian who leaves an
103	103	infant less than ninety days old in compliance with the Safe
104	104	Haven for Infants Act shall not be prosecuted for abandonment
105	105	of a child.
106	106	D. Abuse of a child consists of a person knowingly,
107	107	intentionally or negligently, and without justifiable cause,
108	108	causing or permitting a child to be:
109	109	(1) placed in a situation that may endanger
110	110	the child's life or health;
111	111	(2) tortured, cruelly confined or cruelly
112	112	punished; or
113	113	(3) exposed to the inclemency of the weather.
114	114	E. A person who commits abuse of a child that does
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143	143	not result in the child's death or great bodily harm is, for a
144	144	first offense, guilty of a third degree felony and for second
145	145	and subsequent offenses is guilty of a second degree felony.
146	146	If the abuse results in great bodily harm to the child, the
147	147	person is guilty of a first degree felony.
148	148	F. A person who commits negligent abuse of a child
149	149	that results in the death of the child is guilty of a first
150	150	degree felony.
151	151	G. A person who commits intentional abuse of a
152	152	child twelve to eighteen years of age that results in the death
153	153	of the child is guilty of a first degree felony.
154	154	H. A person who commits intentional abuse of a
155	155	child less than twelve years of age that results in the death
156	156	of the child is guilty of a first degree felony resulting in
157	157	the death of a child.
158	158	I. Evidence that demonstrates that a child has been
159	159	knowingly, intentionally or negligently allowed to enter or
160	160	remain in a motor vehicle, building or any other premises that
161	161	contains chemicals and equipment used or intended for use in
162	162	the manufacture of a controlled substance shall be deemed prima
163	163	facie evidence of abuse of the child.
164	164	J. Evidence that demonstrates that a child has been
165	165	knowingly and intentionally exposed to the use of
166	166	methamphetamine or fentanyl shall be deemed prima facie
167	167	evidence of abuse of the child.
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196	196	K. A person who leaves an infant less than ninety
197	197	days old at a hospital may be prosecuted for abuse of the
198	198	infant for actions of the person occurring before the infant
199	199	was left at the hospital."
200	200	SECTION 2. APPROPRIATION.--Five hundred thousand dollars
201	201	($500,000) is appropriated from the general fund to the
202	202	department of public safety for expenditure in fiscal year 2026
203	203	to expand its investigation of child abuse and neglect cases to
204	204	include those cases involving fentanyl. Any unexpended or
205	205	unencumbered balance remaining at the end of fiscal year 2026
206	206	shall revert to the general fund.
207	207	SECTION 3. EFFECTIVE DATE.--The effective date of the
208	208	provisions of this act is July 1, 2025.
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