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HOUSE BILL 57
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Pamelya Herndon
FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
AN ACT
RELATING TO FAMILY LAW; RECOGNIZING THE RIGHT OF ALLEGED
DOMESTIC ABUSE VICTIMS TO BE REPRESENTED BY AN ATTORNEY IN
LEGAL MATTERS RELATED TO THE DOMESTIC ABUSE OR THE DOMESTIC
ABUSER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 40-13-2 NMSA 1978 (being Laws 1987,
Chapter 286, Section 2, as amended) is amended to read:
"40-13-2. DEFINITIONS.--As used in the Family Violence
Protection Act:
A. "continuing personal relationship" means a
dating or intimate relationship;
B. "co-parents" means persons who have a child in
common, regardless of whether they have been married or have
lived together at any time;
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C. "court" means the district court of the judicial
district where an alleged victim of domestic abuse resides or
is found;
D. "domestic abuse":
(1) means an incident of stalking or sexual
assault whether committed by a household member or not;
(2) means an incident by a household member
against another household member consisting of or resulting in:
(a) physical harm;
(b) severe emotional distress;
(c) bodily injury or assault;
(d) a threat causing imminent fear of
bodily injury by any household member;
(e) criminal trespass;
(f) criminal damage to property;
(g) repeatedly driving by a residence or
work place;
(h) telephone harassment;
(i) harassment;
(j) strangulation;
(k) suffocation; or
(l) harm or threatened harm to children
as set forth in this paragraph; and
(3) does not mean the use of force in self-
defense or the defense of another;
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E. "firearm" means any weapon that will or is
designed to or may readily be converted to expel a projectile
by the action of an explosion or the frame or receiver of any
such weapon;
F. "household member" means a spouse, former
spouse, parent, present or former stepparent, present or former
parent-in-law, grandparent, grandparent-in-law, child,
stepchild, grandchild, co-parent of a child or a person with
whom the petitioner has had a continuing personal relationship.
Cohabitation is not necessary to be deemed a household member
for purposes of this section;
G. "indigent person" means an individual who,
taking into account present income, liquid assets and
requirements for basic necessities of life for the individual
and the individual's dependents, is unable, without undue
hardship, to pay for all or part of the expenses of legal
representation;
[G.] H. "law enforcement officer" means a public
official or public officer vested by law with a duty to
maintain public order or to make arrests for crime, whether
that duty extends to all crimes or is limited to specific
crimes;
[H.] I. "mutual order of protection" means an order
of protection that includes provisions that protect both
parties;
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[I.] J. "order of protection" means an injunction
or a restraining or other court order granted for the
protection of a victim of domestic abuse;
[J.] K. "protected party" means a person protected
by an order of protection;
[K.] L. "restrained party" means a person who is
restrained by an order of protection;
[L.] M. "strangulation" has the same meaning as set
forth in Section 30-3-11 NMSA 1978; and
[M.] N. "suffocation" has the same meaning as set
forth in Section 30-3-11 NMSA 1978."
SECTION 2. A new section of the Family Violence
Protection Act is enacted to read:
"[NEW MATERIAL] RIGHT TO REPRESENTATION.--
A. An alleged domestic abuse victim who is an
indigent person is entitled to representation by an attorney in
all legal proceedings under Chapter 40 NMSA 1978 that are
related to the alleged domestic abuse or the alleged domestic
abuser. The attorney's services, expenses and court costs
shall be provided at public expense for indigent persons.
B. When an alleged domestic abuse victim first
appears in court, the judge shall advise the alleged victim
that the alleged victim has the right to be represented by
counsel of the alleged victim's choosing, the right to have an
adjournment to confer with counsel and the right to have
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counsel assigned by the court in any case in which the alleged
victim is financially unable to obtain counsel."
SECTION 3. A new section of the Family Violence
Prevention Act is enacted to read:
"[NEW MATERIAL] DETERMINATION OF INDIGENCY.--
A. The court shall determine whether an alleged
domestic abuse victim is an indigent person at the alleged
victim's first appearance in each legal proceeding related to
the alleged domestic abuse or the alleged domestic abuser.
B. In determining whether an alleged domestic abuse
victim is an indigent person, the court concerned may consider
such factors as income, property owned, outstanding obligations
and the number and ages of the alleged victim's dependents. In
each case, the alleged victim shall, subject to the penalties
for perjury, certify in writing or by other record material
factors relating to the victim's ability to pay as the court
prescribes."
SECTION 4. A new section of the Family Violence
Prevention Act is enacted to read:
"[NEW MATERIAL] CONTRACTUAL SERVICES OF COUNSEL.--To
facilitate representation of alleged domestic abuse victims who
are indigent persons, the director of the administrative office
of the courts may, upon direction of the supreme court with
respect to habeas corpus proceedings initiated in the supreme
court, or upon request of a district court, enter into
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contracts with attorneys designated by those courts whereby the
attorney shall undertake to perform the services of assigned
counsel in all or any specified portion of the cases
originating within the judicial district. All contracts shall
be approved by the chief justice of the supreme court, and all
payments provided therein shall be made by the supreme court or
in the appropriate district court requesting the contract."
SECTION 5. A new section of the Family Violence
Prevention Act is enacted to read:
"[NEW MATERIAL] COUNSEL NOT SUBJECT TO LIABILITY.--
Attorneys who are assigned to or contracted with to perform
services for alleged domestic abuse victims who are indigent
persons shall not be held liable in any civil action respecting
the attorney's performance or nonperformance of the services."
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