New Mexico 2025 Regular Session

New Mexico House Bill HB57 Compare Versions

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

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28	28	HOUSE BILL 57
29	29	57
30	30	TH LEGISLATURE
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
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45	45	2025
46	46	INTRODUCED BY
47	47	Pamelya Herndon
48	48	FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
49	49	AN ACT
50	50	RELATING TO FAMILY LAW; RECOGNIZING THE RIGHT OF ALLEGED
51	51	DOMESTIC ABUSE VICTIMS TO BE REPRESENTED BY AN ATTORNEY IN
52	52	LEGAL MATTERS RELATED TO THE DOMESTIC ABUSE OR THE DOMESTIC
53	53	ABUSER.
54	54	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
55	55	SECTION 1. Section 40-13-2 NMSA 1978 (being Laws 1987,
56	56	Chapter 286, Section 2, as amended) is amended to read:
57	57	"40-13-2. DEFINITIONS.--As used in the Family Violence
58	58	Protection Act:
59	59	A. "continuing personal relationship" means a
60	60	dating or intimate relationship;
61	61	B. "co-parents" means persons who have a child in
62	62	common, regardless of whether they have been married or have
63	63	lived together at any time;
64	64	.229093.1 underscored material = new
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91	91	C. "court" means the district court of the judicial
92	92	district where an alleged victim of domestic abuse resides or
93	93	is found;
94	94	D. "domestic abuse":
95	95	(1) means an incident of stalking or sexual
96	96	assault whether committed by a household member or not;
97	97	(2) means an incident by a household member
98	98	against another household member consisting of or resulting in:
99	99	(a) physical harm;
100	100	(b) severe emotional distress;
101	101	(c) bodily injury or assault;
102	102	(d) a threat causing imminent fear of
103	103	bodily injury by any household member;
104	104	(e) criminal trespass;
105	105	(f) criminal damage to property;
106	106	(g) repeatedly driving by a residence or
107	107	work place;
108	108	(h) telephone harassment;
109	109	(i) harassment;
110	110	(j) strangulation;
111	111	(k) suffocation; or
112	112	(l) harm or threatened harm to children
113	113	as set forth in this paragraph; and
114	114	(3) does not mean the use of force in self-
115	115	defense or the defense of another;
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144	144	E. "firearm" means any weapon that will or is
145	145	designed to or may readily be converted to expel a projectile
146	146	by the action of an explosion or the frame or receiver of any
147	147	such weapon;
148	148	F. "household member" means a spouse, former
149	149	spouse, parent, present or former stepparent, present or former
150	150	parent-in-law, grandparent, grandparent-in-law, child,
151	151	stepchild, grandchild, co-parent of a child or a person with
152	152	whom the petitioner has had a continuing personal relationship.
153	153	Cohabitation is not necessary to be deemed a household member
154	154	for purposes of this section;
155	155	G. "indigent person" means an individual who,
156	156	taking into account present income, liquid assets and
157	157	requirements for basic necessities of life for the individual
158	158	and the individual's dependents, is unable, without undue
159	159	hardship, to pay for all or part of the expenses of legal
160	160	representation;
161	161	[G.] H. "law enforcement officer" means a public
162	162	official or public officer vested by law with a duty to
163	163	maintain public order or to make arrests for crime, whether
164	164	that duty extends to all crimes or is limited to specific
165	165	crimes;
166	166	[H.] I. "mutual order of protection" means an order
167	167	of protection that includes provisions that protect both
168	168	parties;
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197	197	[I.] J. "order of protection" means an injunction
198	198	or a restraining or other court order granted for the
199	199	protection of a victim of domestic abuse;
200	200	[J.] K. "protected party" means a person protected
201	201	by an order of protection;
202	202	[K.] L. "restrained party" means a person who is
203	203	restrained by an order of protection;
204	204	[L.] M. "strangulation" has the same meaning as set
205	205	forth in Section 30-3-11 NMSA 1978; and
206	206	[M.] N. "suffocation" has the same meaning as set
207	207	forth in Section 30-3-11 NMSA 1978."
208	208	SECTION 2. A new section of the Family Violence
209	209	Protection Act is enacted to read:
210	210	"[NEW MATERIAL] RIGHT TO REPRESENTATION.--
211	211	A. An alleged domestic abuse victim who is an
212	212	indigent person is entitled to representation by an attorney in
213	213	all legal proceedings under Chapter 40 NMSA 1978 that are
214	214	related to the alleged domestic abuse or the alleged domestic
215	215	abuser. The attorney's services, expenses and court costs
216	216	shall be provided at public expense for indigent persons.
217	217	B. When an alleged domestic abuse victim first
218	218	appears in court, the judge shall advise the alleged victim
219	219	that the alleged victim has the right to be represented by
220	220	counsel of the alleged victim's choosing, the right to have an
221	221	adjournment to confer with counsel and the right to have
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250	250	counsel assigned by the court in any case in which the alleged
251	251	victim is financially unable to obtain counsel."
252	252	SECTION 3. A new section of the Family Violence
253	253	Prevention Act is enacted to read:
254	254	"[NEW MATERIAL] DETERMINATION OF INDIGENCY.--
255	255	A. The court shall determine whether an alleged
256	256	domestic abuse victim is an indigent person at the alleged
257	257	victim's first appearance in each legal proceeding related to
258	258	the alleged domestic abuse or the alleged domestic abuser.
259	259	B. In determining whether an alleged domestic abuse
260	260	victim is an indigent person, the court concerned may consider
261	261	such factors as income, property owned, outstanding obligations
262	262	and the number and ages of the alleged victim's dependents. In
263	263	each case, the alleged victim shall, subject to the penalties
264	264	for perjury, certify in writing or by other record material
265	265	factors relating to the victim's ability to pay as the court
266	266	prescribes."
267	267	SECTION 4. A new section of the Family Violence
268	268	Prevention Act is enacted to read:
269	269	"[NEW MATERIAL] CONTRACTUAL SERVICES OF COUNSEL.--To
270	270	facilitate representation of alleged domestic abuse victims who
271	271	are indigent persons, the director of the administrative office
272	272	of the courts may, upon direction of the supreme court with
273	273	respect to habeas corpus proceedings initiated in the supreme
274	274	court, or upon request of a district court, enter into
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303	303	contracts with attorneys designated by those courts whereby the
304	304	attorney shall undertake to perform the services of assigned
305	305	counsel in all or any specified portion of the cases
306	306	originating within the judicial district. All contracts shall
307	307	be approved by the chief justice of the supreme court, and all
308	308	payments provided therein shall be made by the supreme court or
309	309	in the appropriate district court requesting the contract."
310	310	SECTION 5. A new section of the Family Violence
311	311	Prevention Act is enacted to read:
312	312	"[NEW MATERIAL] COUNSEL NOT SUBJECT TO LIABILITY.--
313	313	Attorneys who are assigned to or contracted with to perform
314	314	services for alleged domestic abuse victims who are indigent
315	315	persons shall not be held liable in any civil action respecting
316	316	the attorney's performance or nonperformance of the services."
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