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SENATE BILL 26
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Antoinette Sedillo Lopez
AN ACT
RELATING TO DOMESTIC AFFAIRS; RENAMING THE FAMILY VIOLENCE
PROTECTION ACT AS THE PROTECTION AGAINST ABUSE AND VIOLENCE
ACT; CLARIFYING DEFINITIONS; SPECIFYING THE STANDARD TO BE
IMPLEMENTED FOR CERTAIN ORDERS OF PROTECTION; AMENDING AND
REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-4-5.1 NMSA 1978 (being Laws 1993,
Chapter 314, Section 7 and Laws 1993, Chapter 316, Section 7,
as amended) is amended to read:
"1-4-5.1. METHOD OF REGISTRATION--FORM.--
A. A qualified elector may apply for registration
using the paper form by mail, in the office of the secretary of
state or county clerk or with a registration agent or officer.
B. A person may request certificate of registration
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forms from the secretary of state or any county clerk in
person, by telephone or by mail for that person or for other
persons.
C. A qualified elector who wishes to register to
vote shall fill out completely and sign the certificate of
registration. The qualified elector may seek the assistance of
any person in completing the certificate of registration.
D. A qualified elector who has filed for an order
of protection pursuant to the provisions of the [Family
Violence] Protection Against Abuse and Violence Act and who
presents a copy of that order from a state or tribal court to
the registration officer shall be referred to the confidential
address program administered by the secretary of state pursuant
to the Confidential Substitute Address Act.
E. Completed certificates of registration may be
mailed or presented in person by the registrant or any other
person to the secretary of state, to the county clerk of the
county in which the registrant resides or to any other county
clerk in this state.
F. If the registrant wishes to vote in the next
election, the completed and signed certificate of registration
shall be delivered or mailed and postmarked within the time
frame provided in Subsection A of Section 1-4-8 NMSA 1978.
G. Within one business day after receipt of a
certificate of registration, the secretary of state shall send
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the certificate to the county clerk in the county where the
qualified elector resides. Within one business day after
receipt of a certificate of registration of another county, a
county clerk shall send the certificate of registration to the
county clerk in the county where the qualified elector resides.
H. Only when the certificate of registration is
properly filled out, signed by the qualified elector and
accepted for filing by the county clerk as evidenced by the
county clerk's signature or stamp and the date of acceptance
thereon shall it constitute an official public record of the
registration of the qualified elector. A qualified elector
complies with a voter registration deadline established in the
Election Code when a properly filled-out voter registration
certificate has been received by a county clerk or the
secretary of state, regardless of the date the certificate is
processed.
I. The secretary of state shall prescribe the form
of the certificate of registration, which form shall be a
postpaid mail-in format and shall be printed in Spanish and
English. The certificate of registration form shall be clear
and understandable to the average person and shall include
brief but sufficient instructions to enable the qualified
elector to complete the form without assistance. The form
shall also include:
(1) the question "Are you a citizen of the
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United States of America?" and boxes for the applicant to check
to indicate whether the applicant is or is not a citizen;
(2) the statement "If you checked 'no', do not
complete this form.";
(3) a statement informing the applicant that:
(a) if the form is submitted by mail by
the applicant and the applicant is registering for the first
time in New Mexico, the applicant must submit with the form a
copy of: 1) a photo identification issued by a government or
educational institution; or 2) a current utility bill, bank
statement, government check, paycheck, student identification
card or other government document, including identification
issued by an Indian nation, tribe or pueblo, that shows the
name and current address of the applicant; and
(b) if the applicant does not submit the
required documentary identification, the applicant will be
required to do so when voting in person or absentee; and
(4) a statement requiring the applicant to
swear or affirm that the information supplied by the applicant
is true."
SECTION 2. Section 29-15-2 NMSA 1978 (being Laws 1995,
Chapter 146, Section 2, as amended) is amended to read:
"29-15-2. DEFINITIONS.--As used in the Missing Persons
Information and Reporting Act:
A. "Brittany alert" means a notification relating
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to an endangered person:
(1) who is a missing person; and
(2) about whom there is a clear indication
that the person has a developmental disability as defined in
Subsection A of Section 28-16A-6 NMSA 1978 and that the
person's health or safety is at risk;
B. "child" means a person under the age of eighteen
years who is not emancipated;
C. "clearinghouse" means the missing persons
information clearinghouse;
D. "custodian" means a parent, guardian or other
person who exercises legal physical control, care or custody of
a child or of an adult with a developmental disability; or a
person who performs one or more activities of daily living for
an adult;
E. "endangered person" means a missing person who:
(1) is in imminent danger of causing harm to
the person's self;
(2) is in imminent danger of causing harm to
another;
(3) is in imminent danger of being harmed by
another or who has been harmed by another;
(4) has been a victim of a crime as provided
in the Crimes Against Household Members Act or in Section
30-3A-3 or 30-3A-3.1 NMSA 1978, or their equivalents in any
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other jurisdiction;
(5) is or was protected by an order of
protection pursuant to the [Family Violence ] Protection Against
Abuse and Violence Act;
(6) has Alzheimer's disease, dementia or
another degenerative brain disorder or a brain injury; or
(7) has a developmental disability as defined
in Subsection A of Section 28-16A-6 NMSA 1978 and that person's
health or safety is at risk;
F. "immediate family member" means the spouse,
nearest relative or close friend of a person;
G. "law enforcement agency" means a law enforcement
agency of the state, a state agency or a political subdivision
of the state;
H. "lead station" means an AM radio station that
has been designated as the "state primary station" by the
federal communications commission for the emergency alert
system;
I. "missing person" means a person whose
whereabouts are unknown to the person's custodian or immediate
family member and the circumstances of whose absence indicate
that:
(1) the person did not leave the care and
control of the custodian or immediate family member voluntarily
and the taking of the person was not authorized by law; or
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(2) the person voluntarily left the care and
control of the custodian without the custodian's consent and
without intent to return;
J. "missing person report" means information that
is:
(1) given to a law enforcement agency on a
form used for sending information to the national crime
information center; and
(2) about a person whose whereabouts are
unknown to the reporter and who is alleged in the form
submitted by the reporter to be missing;
K. "person" means an individual, regardless of age;
L. "possible match" means the similarities between
unidentified human remains and a missing person that would lead
one to believe they are the same person;
M. "reporter" means the person who reports a
missing person;
N. "silver alert" means a notification relating to
an endangered person:
(1) who is a missing person; and
(2) who is fifty years or older; or
(3) about whom there is a clear indication
that the individual suffers from Alzheimer's disease or another
form of dementia, regardless of age;
O. "state agency" means an agency of the state, a
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political subdivision of the state or a public post-secondary
educational institution; and
P. "state registrar" means the employee so
designated by the public health division of the department of
health pursuant to the Vital Statistics Act."
SECTION 3. Section 30-1-15 NMSA 1978 (being Laws 2002,
Chapter 34, Section 1 and Laws 2002, Chapter 35, Section 1, as
amended) is amended to read:
"30-1-15. ALLEGED VICTIMS OF DOMESTIC ABUSE, STALKING OR
SEXUAL ASSAULT--FORBEARANCE OF COSTS.--
A. An alleged victim of an offense specified in
Subsection B of this section is not required to bear the cost
of:
(1) the prosecution of a misdemeanor or felony
domestic violence offense, including costs associated with
filing a criminal charge against an alleged perpetrator of the
offense;
(2) the filing, issuance or service of a
warrant;
(3) the filing, issuance or service of a
witness subpoena; or
(4) the filing, issuance, registration or
service of a protection order.
B. The provisions of Subsection A of this section
apply to:
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(1) alleged victims of domestic abuse as
defined in Section 40-13-2 NMSA 1978;
(2) sexual offenses described in Sections
30-9-11 through 30-9-14 and 30-9-14.3 NMSA 1978;
(3) crimes against household members described
in Sections 30-3-12 through 30-3-16 NMSA 1978;
(4) harassment, stalking and aggravated
stalking described in Sections 30-3A-2 through 30-3A-3.1 NMSA
1978; and
(5) the violation of an order of protection
that is issued pursuant to the [Family Violence ] Protection
Against Abuse and Violence Act or entitled to full faith and
credit."
SECTION 4. Section 31-12-12 NMSA 1978 (being Laws 2003,
Chapter 387, Section 2, as amended) is amended to read:
"31-12-12. DOMESTIC VIOLENCE OFFENDER TREATMENT OR
INTERVENTION FUND CREATED--APPROPRIATION--PROGRAM
REQUIREMENTS.--
A. The "domestic violence offender treatment or
intervention fund" is created in the state treasury. The fund
consists of gifts, grants, donations, appropriations and
distributions to the fund made pursuant to the Tax
Administration Act.
B. Balances in the domestic violence offender
treatment or intervention fund are appropriated to the
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children, youth and families department to provide funds to
domestic violence offender treatment or intervention programs
to defray the cost of providing treatment or intervention to
domestic violence offenders. Unexpended or unencumbered
balances remaining in the fund at the end of any fiscal year
shall not revert to the general fund.
C. Payment out of the domestic violence offender
treatment or intervention fund shall be made on vouchers issued
and signed by the secretary of children, youth and families
upon warrants drawn by the department of finance and
administration.
D. In order to be eligible for money from the
domestic violence offender treatment or intervention fund, a
domestic violence offender treatment or intervention program
shall include the following components in its program:
(1) an initial assessment to determine if a
domestic violence offender will benefit from participation in
the program;
(2) a written contract, which must be signed
by the domestic violence offender, that sets forth:
(a) attendance and participation
requirements;
(b) consequences for failure to attend
or participate in the program; and
(c) a confidentiality clause that
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prohibits disclosure of information revealed during treatment
or intervention sessions;
(3) strategies to hold domestic violence
offenders accountable for their violent behavior;
(4) a requirement that group discussions are
limited to members of the same gender;
(5) an education component that:
(a) defines physical, emotional, sexual,
economic and verbal abuse and techniques for stopping those
forms of abuse; and
(b) examines gender roles,
socialization, the nature of violence, the dynamics of power
and control and the effects of domestic violence on children;
(6) a requirement that a domestic violence
offender not be under the influence of alcohol or drugs during
a treatment or intervention session;
(7) a requirement, except with respect to a
domestic violence offender who is a voluntary participant in
the program, that the program provide monthly written reports
to the presiding judge or the domestic violence offender's
probation or parole officer regarding:
(a) proof of the domestic violence
offender's enrollment in the program;
(b) progress reports that address the
domestic violence offender's attendance, fee payments and
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compliance with other program requirements; and
(c) evaluations of progress made by the
domestic violence offender and recommendations as to whether or
not to require the offender's further participation in the
program; and
(8) a requirement that the term of the program
be at least fifty-two weeks.
E. Counseling for couples shall not be a component
of a domestic violence offender treatment or intervention
program.
F. As used in this section, "domestic violence
offender" means a person:
(1) convicted for an offense pursuant to the
provisions of the Crimes Against Household Members Act;
(2) convicted for violating an order of
protection granted by a court pursuant to the provisions of the
[Family Violence] Protection Against Abuse and Violence Act;
(3) referred to a domestic violence offender
treatment or intervention program by a judge, a domestic
violence special commissioner or the parole board; or
(4) who voluntarily participates in a domestic
violence offender treatment or intervention program."
SECTION 5. Section 32A-2-3 NMSA 1978 (being Laws 1993,
Chapter 77, Section 32, as amended) is amended to read:
"32A-2-3. DEFINITIONS.--As used in the Delinquency Act:
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A. "delinquent act" means an act committed by a
child that would be designated as a crime under the law if
committed by an adult, not including a violation of Section
30-9-2 NMSA 1978, including the following offenses:
(1) any of the following offenses pursuant to
municipal traffic codes or the Motor Vehicle Code:
(a) driving while under the influence of
intoxicating liquor or drugs;
(b) failure to stop in the event of an
accident causing death, personal injury or damage to property;
(c) unlawful taking of a vehicle or
motor vehicle;
(d) receiving or transferring of a
stolen vehicle or motor vehicle;
(e) homicide by vehicle;
(f) injuring or tampering with a
vehicle;
(g) altering or changing of an engine
number or other vehicle identification numbers;
(h) altering or forging of a driver's
license or permit or any making of a fictitious license or
permit;
(i) reckless driving;
(j) driving with a suspended or revoked
license; or
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(k) an offense punishable as a felony;
(2) buying, attempting to buy, receiving,
possessing or being served any alcoholic liquor or being
present in a licensed liquor establishment, other than a
restaurant or a licensed retail liquor establishment, except in
the presence of the child's parent, guardian, custodian or
adult spouse. As used in this paragraph, "restaurant" means an
establishment where meals are prepared and served primarily for
on-premises consumption and that has a dining room, a kitchen
and the employees necessary for preparing, cooking and serving
meals. "Restaurant" does not include an establishment, as
defined in regulations promulgated by the director of the
special investigations unit of the department of public safety,
that serves only hamburgers, sandwiches, salads and other fast
foods;
(3) a violation of Section 30-29-2 NMSA 1978,
regarding the illegal use of a glue, aerosol spray product or
other chemical substance;
(4) a violation of the Controlled Substances
Act;
(5) escape from the custody of a law
enforcement officer or a juvenile probation or parole officer
or from any placement made by the department by a child who has
been adjudicated a delinquent child;
(6) a violation of Section 30-15-1.1 NMSA 1978
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regarding unauthorized graffiti on personal or real property;
(7) a violation of an order of protection
issued pursuant to the provisions of the [Family Violence ]
Protection Against Abuse and Violence Act; or
(8) trafficking cannabis as provided in
Section 26-2C-28 NMSA 1978;
B. "delinquent child" means a child who has
committed a delinquent act;
C. "delinquent offender" means a delinquent child
who is subject to juvenile sanctions only and who is not a
youthful offender or a serious youthful offender;
D. "detention facility" means a place where a child
may be detained under the Children's Code pending a court
hearing and does not include a facility for the care and
rehabilitation of an adjudicated delinquent child;
E. "felony" means an act that would be a felony if
committed by an adult;
F. "misdemeanor" means an act that would be a
misdemeanor or petty misdemeanor if committed by an adult;
G. "restitution" means financial reimbursement by
the child to the victim or community service imposed by the
court and is limited to easily ascertainable damages for injury
to or loss of property, actual expenses incurred for medical,
psychiatric and psychological treatment for injury to a person
and lost wages resulting from physical injury, which are a
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direct and proximate result of a delinquent act. "Restitution"
does not include reimbursement for damages for mental anguish,
pain and suffering or other intangible losses. As used in this
subsection, "victim" means a person who is injured or suffers
damage of any kind by an act that is the subject of a complaint
or referral to law enforcement officers or juvenile probation
authorities. Nothing contained in this definition limits or
replaces the provisions of Subsections A and B of Section
32A-2-27 NMSA 1978;
H. "serious youthful offender" means an individual
fifteen to eighteen years of age who is charged with and
indicted or bound over for trial for first degree murder. A
"serious youthful offender" is not a delinquent child as
defined pursuant to the provisions of this section;
I. "supervised release" means the release of a
juvenile, whose term of commitment has not expired, from a
facility for the care and rehabilitation of adjudicated
delinquent children, with specified conditions to protect
public safety and promote successful transition and
reintegration into the community. A juvenile on supervised
release is subject to monitoring by the department until the
term of commitment has expired and may be returned to custody
for violating conditions of release; and
J. "youthful offender" means a delinquent child
subject to adult or juvenile sanctions who is:
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(1) fourteen to eighteen years of age at the
time of the offense and who is adjudicated for at least one of
the following offenses:
(a) second degree murder, as provided in
Section 30-2-1 NMSA 1978;
(b) assault with intent to commit a
violent felony, as provided in Section 30-3-3 NMSA 1978;
(c) kidnapping, as provided in Section
30-4-1 NMSA 1978;
(d) aggravated battery, as provided in
Subsection C of Section 30-3-5 NMSA 1978;
(e) aggravated battery against a
household member, as provided in Subsection C of Section
30-3-16 NMSA 1978;
(f) aggravated battery upon a peace
officer, as provided in Subsection C of Section 30-22-25 NMSA
1978;
(g) shooting at a dwelling or occupied
building or shooting at or from a motor vehicle, as provided in
Section 30-3-8 NMSA 1978;
(h) dangerous use of explosives, as
provided in Section 30-7-5 NMSA 1978;
(i) criminal sexual penetration, as
provided in Section 30-9-11 NMSA 1978;
(j) robbery, as provided in Section
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30-16-2 NMSA 1978;
(k) aggravated burglary, as provided in
Section 30-16-4 NMSA 1978;
(l) aggravated arson, as provided in
Section 30-17-6 NMSA 1978; or
(m) abuse of a child that results in
great bodily harm or death to the child, as provided in Section
30-6-1 NMSA 1978;
(2) fourteen to eighteen years of age at the
time of the offense, who is adjudicated for any felony offense
and who has had three prior, separate felony adjudications
within a three-year time period immediately preceding the
instant offense. The felony adjudications relied upon as prior
adjudications shall not have arisen out of the same transaction
or occurrence or series of events related in time and location.
Successful completion of consent decrees is not considered a
prior adjudication for the purposes of this paragraph; or
(3) fourteen years of age and who is
adjudicated for first degree murder, as provided in Section
30-2-1 NMSA 1978."
SECTION 6. Section 34-8A-6 NMSA 1978 (being Laws 1979,
Chapter 346, Section 6, as amended) is amended to read:
"34-8A-6. METROPOLITAN COURT--RULES--APPEAL.--
A. The supreme court shall adopt separate rules of
procedure for the metropolitan courts. The rules shall provide
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simple procedures for the just, speedy and inexpensive
determination of any metropolitan court action.
B. Other than for actions brought pursuant to the
Uniform Owner-Resident Relations Act, the metropolitan court is
a court of record for civil actions. Any party aggrieved by a
judgment rendered by the metropolitan court in a civil action
may appeal to the court of appeals. The manner and method for
the appeal shall be set forth by supreme court rule.
C. The metropolitan court is not a court of record
for civil actions brought pursuant to the Uniform Owner-
Resident Relations Act. Any party aggrieved by a judgment
rendered by the metropolitan court in a civil action brought
pursuant to the Uniform Owner-Resident Relations Act may appeal
to the district court of the county in which the metropolitan
court is located within fifteen days after the judgment was
rendered. The appeal shall be de novo.
D. The metropolitan court is a court of record for
criminal actions involving driving while under the influence of
intoxicating liquor or drugs or involving domestic violence. A
criminal action involving domestic violence means an assault or
battery under any state law or municipal or county ordinance in
which the alleged victim is a household member as defined in
the [Family Violence] Protection Against Abuse and Violence
Act. Any party aggrieved by a judgment rendered by the
metropolitan court in a criminal action involving driving while
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under the influence of intoxicating liquor or drugs or
involving domestic violence may appeal to the court of appeals.
The manner and method of appeal shall be set forth by supreme
court rule.
E. The metropolitan court is not a court of record
for criminal actions other than driving while under the
influence of intoxicating liquor or drugs or domestic violence
actions. Any party aggrieved by a judgment rendered by the
metropolitan court in a criminal action, other than driving
while under the influence of intoxicating liquor or drugs or
domestic violence action, may appeal to the district court of
the county in which the metropolitan court is located within
fifteen days after the judgment was rendered. The appeal shall
be de novo.
F. All judgments rendered in civil actions in the
metropolitan court shall be subject to the same provisions of
law as those rendered in district court."
SECTION 7. Section 40-4-7.2 NMSA 1978 (being Laws 1999,
Chapter 123, Section 1) is amended to read:
"40-4-7.2. BINDING ARBITRATION OPTION--PROCEDURE.--
A. Parties to an action for divorce, separation,
custody or time-sharing, child support, spousal support,
marital property and debt division or attorney fees related to
such matters, including any post-judgment proceeding, may
stipulate to binding arbitration by a signed agreement that
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provides for an award with respect to one or more of the
following issues:
(1) valuation and division of real and
personal property;
(2) child support, custody, time-sharing or
visitation;
(3) spousal support;
(4) costs, expenses and attorney fees;
(5) enforceability of prenuptial and
post-nuptial agreements;
(6) determination and allocation of
responsibility for debt as between the parties;
(7) any civil tort claims related to any of
the foregoing; or
(8) other contested domestic relations
matters.
B. A court may not order a party to participate in
arbitration except to the extent a party has agreed to
participate pursuant to a written arbitration agreement. When
the party involved is a minor, [then his ] the minor's parent
must consent to arbitration. When the party involved is a
minor with a guardian ad litem, the guardian ad litem must
provide written consent. When the party involved is a minor
without a guardian ad litem, [then ] in order for arbitration to
proceed the court must find that arbitration is in the best
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interest of the minor.
C. Arbitration pursuant to this section shall be
heard by one or more [arbitrator ] arbitrators. The court shall
appoint an arbitrator agreed to by the parties if the
arbitrator consents to the appointment.
D. If the parties have not agreed to an arbitrator,
the court shall appoint an arbitrator who:
(1) is an attorney in good standing with the
state bar of New Mexico;
(2) has practiced as an attorney for not less
than five years immediately preceding the appointment and
actively practiced in the area of domestic relations during
three of those five years. Any period of time during which a
person serves as a judge, special master or child support
hearing officer is considered as actively practicing in the
area of domestic relations; or
(3) is another professional licensed and
experienced in the subject matter that is the area of the
dispute.
E. An arbitrator [appointed pursuant to this
section] is immune from liability in regard to the arbitration
proceeding to the same extent as the judge who has jurisdiction
of the action [that is ] submitted to arbitration.
F. Objections to the qualifications of an
arbitrator must be raised in connection with the appointment by
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the court or they are waived. The court will permit parties to
raise objections based on qualifications within ten days of
appointment of an arbitrator. Parties who agree on an
arbitrator waive objections to [his ] the arbitrator's
qualifications.
G. An arbitrator appointed pursuant to this
section:
(1) shall hear and make an award on each issue
submitted for arbitration pursuant to the arbitration agreement
subject to the provisions of the agreement; and
(2) has all of the following powers and
duties:
(a) to administer an oath or issue a
subpoena as provided by court rule;
(b) to issue orders regarding discovery
proceedings relative to the issues being arbitrated, including
appointment of experts; and
(c) to allocate arbitration fees and
expenses between the parties, including imposing a fee or
expense on a party or attorney as a sanction for failure to
provide information, subject to provisions of the arbitration
agreement.
H. An arbitrator, attorney or party in an
arbitration proceeding [pursuant to this section ] shall
disclose in writing any circumstances that may affect an
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arbitrator's impartiality, including bias, financial interests,
personal interests or family relationships. Upon disclosure of
such a circumstance, a party may request disqualification of
the arbitrator. If the arbitrator does not withdraw within
seven days after a request for disqualification, the party may
file a motion for disqualification with the court.
I. If the court finds that the arbitrator is
disqualified, the court may appoint another arbitrator, subject
to the provisions of the arbitration agreement.
J. As soon as practicable after the appointment of
the arbitrator, the parties and attorneys shall confer with the
arbitrator to consider all of the following:
(1) scope of the issues submitted;
(2) date, time and place of the hearing;
(3) witnesses, including experts, who may
testify;
(4) appointment of experts and a schedule for
exchange of expert reports or summary of expert testimony; and
(5) subject to the provisions of Subsection K
of this section, exhibits, documents or other information each
party considers material to the case and a schedule for
production or exchange of the information. An objection not
made before the hearing to production or lack of production of
information is waived.
K. The arbitrator shall order reasonable access to
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information for each party that is material to the arbitration
issues prior to the hearing, including the following:
(1) a current complete sworn financial
disclosure statement, when financial matters are at issue;
(2) if a court has issued an order concerning
an issue subject to arbitration, a copy of the order;
(3) any relevant documents related to the
arbitration issues defined by the arbitrator;
(4) proposed award by each party for each
issue subject to arbitration; and
(5) expert opinions of experts to be used by
either party or appointed by the arbitrator.
L. Except as otherwise provided by this section,
court rule or the arbitration agreement, a record shall not
[ordinarily] be made of an arbitration hearing [pursuant to
this section] unless either party requests it. If a record is
not required, an arbitrator may make a record to be used only
by the arbitrator to aid in reaching the decision.
M. Unless waived by the parties, a record shall be
made of that portion of the hearing that concerns child
custody, visitation or time-sharing.
N. The arbitration agreement may set forth any
standards on which an award should be based, including the law
to be applied. An arbitration agreement shall provide that in
deciding child support issues, the arbitrator shall apply
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Section 40-4-11.1 NMSA 1978 when setting or modifying a child
support order.
O. Unless otherwise agreed to by the parties and
arbitrator in writing or on the record, the arbitrator shall
issue the written award on each issue within sixty days after
the end of the hearing and after receipt of proposed findings
of fact and conclusions of law if requested by the arbitrator.
P. If the parties reach an agreement regarding
child custody, time-sharing or visitation, the agreement shall
be placed on the record by the parties under oath and shall be
included in the arbitrator's written award.
Q. The arbitrator retains jurisdiction to correct
errors or omissions in an award upon motion by a party to the
arbitrator within twenty days after the award is issued or upon
the arbitrator's own motion. Another party to the arbitration
may respond to the motion within seven days after the motion is
made. The arbitrator shall make a decision on the motion
within seven days after the expiration of the response time
period.
R. The court shall enforce an arbitrator's award or
other order [issued pursuant to this section ] in the same
manner as an order issued by the court. A party may make a
motion to the court to enforce an arbitrator's award or order.
S. [Any] A party in an action that was submitted to
arbitration [pursuant to this section ] shall file with the
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court a stipulated order or a motion to enforce the award
within twenty-one days after the arbitrator's award is issued
unless otherwise agreed to by the parties in writing or unless
the arbitrator or court grants an extension.
T. If a party applies to the court for vacation of
an arbitrator's award [in binding arbitration issued pursuant
to this section] that concerns child custody, time-sharing or
visitation, the court shall review the award [based ] using only
[upon] the record of the arbitration hearing and factual
matters that have arisen since the arbitration hearing that are
relevant to the claim. The court may vacate an award of
custody, time-sharing or visitation made in binding arbitration
if the court finds that circumstances have changed since
issuance of the award that are adverse to the best interests of
the child, upon a finding that the award will cause harm or be
detrimental to a child or pursuant to Subsections U and V of
this section. An arbitration agreement may provide a broader
scope of review of custody, time-sharing or visitation issues
by the court, and such review will apply if broader than this
section.
U. If a party applies to the court for vacation or
modification of an arbitrator's award [issued pursuant to this
section], the court shall review the award only as provided in
Subsections T and V of this section.
V. [If a party applies under this section ] The
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court may vacate, modify or correct an award under any of the
following circumstances:
(1) the award was procured by corruption,
fraud or other undue means;
(2) there was evident partiality by an
arbitrator or misconduct prejudicing a party's rights;
(3) the arbitrator exceeded [his ] the
arbitrator's powers; or
(4) the arbitrator refused to postpone the
hearing on a showing of sufficient cause or refused to hear
evidence substantial and material to the controversy.
W. An application to vacate an award on grounds
stated in Subsections [U ] T and V of this section shall be
decided by the court. If an award is vacated on grounds stated
in Paragraph (3) or (4) of Subsection V of this section, the
court may order a rehearing before the arbitrator who made the
award when both parties consent to the rehearing before the
arbitrator who made the award.
X. An appeal from an arbitration award [pursuant to
this section] that the court confirms, vacates, modifies or
corrects shall be taken in this same manner as from an order or
judgment in other domestic relations actions.
Y. No arbitrator may decide issues of a criminal
nature or make decisions on petitions pursuant to the [Family
Violence] Protection Against Abuse and Violence Act."
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SECTION 8. Section 40-13-1 NMSA 1978 (being Laws 1987,
Chapter 286, Section 1, as amended) is amended to read:
"40-13-1. SHORT TITLE.--Chapter 40, Article 13 NMSA 1978
may be cited as the "[Family Violence ] Protection Against Abuse
and Violence Act"."
SECTION 9. 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 Against Abuse and Violence Act:
A. "abuse" means:
(1) an incident or pattern of stalking or
sexual assault, whether committed by a household member or not;
or
(2) an incident or pattern of behavior by a
household member against another household member consisting of
or resulting in:
(a) physical harm or temporary or
permanent bodily injury;
(b) battery, assault or threats causing
imminent fear of abuse;
(c) strangulation or suffocation;
(d) severe emotional distress that may
include fear, depression, anxiety or loss of sleep;
(e) harassment or intimidation that may
include repeatedly driving by a residence or workplace for no
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lawful purpose or following in public places;
(f) telephone harassment, internet
harassment or harassment through other digital or electronic
means;
(g) kidnapping, false imprisonment or
restricting or prohibiting movement;
(h) interference with communication;
(i) exploitation or forced criminal
activity;
(j) criminal damage to or deprivation of
real or personal property or damage to jointly owned or
community property;
(k) harm or threatened harm to children;
(l) harm or threatened harm to an
animal;
(m) unauthorized distribution of
sensitive images;
(n) criminal trespass; or
(o) threats to disclose immigration
status;
[A.] B. "continuing personal relationship" means a
dating or intimate relationship;
[B.] C. "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.] D. "court" means the district court of the
judicial district where an alleged victim of [domestic ] abuse
resides or is found or where the alleged abuse occurred ;
[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. "credible threat" means a condition or situation
that causes a reasonable person, based on the totality of the
circumstances, to fear for the person's physical safety or for
the physical safety of another and may be demonstrated by
evidence of a statement, an act or a course of conduct
attributed to the respondent and does not require the use or
threatened use of a firearm;
[E.] F. "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.] G. "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.] 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. "mutual order of protection" means an order of
protection that includes provisions that protect both parties; ]
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I. "order of protection" means an injunction or a
restraining or other court order granted for the protection of
a victim of [domestic ] abuse;
J. "protected party" means a person protected by an
order of protection;
K. "restrained party" means a person who is
restrained by an order of protection;
L. "sensitive images" means images, photographs,
videos or other likenesses depicting or simulating an intimate
act or depicting any portion of a person's genitals, or of a
woman's breast below the top of the areola, that is either
uncovered or visible through less-than-fully opaque clothing,
which images may reasonably be considered to be private,
intimate or inappropriate for distribution or publication
without that person's consent;
[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 10. Section 40-13-3 NMSA 1978 (being Laws 1987,
Chapter 286, Section 3, as amended) is amended to read:
"40-13-3. PETITION FOR ORDER OF PROTECTION--CONTENTS--
STANDARD FORMS.--
A. A victim of [domestic ] abuse may petition the
court under the [Family Violence ] Protection Against Abuse and
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Violence Act for an order of protection.
B. The petition shall be made under oath or shall
be accompanied by a sworn affidavit setting out specific facts
showing the alleged [domestic ] abuse.
C. The petition shall state whether any [other ]
domestic action is pending between the petitioner and the
respondent.
D. [If any other domestic action is pending between
the petitioner and the respondent ] The parties shall not be
compelled to mediate any aspect of the case arising from the
[Family Violence] Protection Against Abuse and Violence Act
unless the court finds that appropriate safeguards exist to
protect each of the parties and that both parties can fairly
mediate with such safeguards.
E. An action brought under the [Family Violence ]
Protection Against Abuse and Violence Act is independent of any
[proceeding for annulment, separation or divorce between the
parties] civil case involving the parties, including a
proceeding for annulment, separation or divorce, and a criminal
case involving the parties that did not arise from a violation
of the Protection Against Abuse and Violence Act .
F. Remedies granted pursuant to the [Family
Violence] Protection Against Abuse and Violence Act are in
addition to and shall not limit other civil or criminal
remedies available to the parties.
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G. Standard simplified petition forms with
instructions for completion shall be available to all parties.
Law enforcement agencies shall keep such forms and make them
available upon request to alleged victims of [domestic ] abuse.
H. The petitioner shall notify the court if the
petitioner's or respondent's primary language is a language
other than English and, upon receipt of that notice, the clerk
of the court shall arrange for necessary translation or
interpretation services to be provided.
I. An order of protection may be issued to protect
or restrain a minor.
J. A minor who is thirteen years of age or older
and a victim of abuse may petition the court for an order of
protection on the minor's own behalf if the minor files a
petition:
(1) for protection against a person with whom
the minor shares a child or a person with whom the minor has a
continuing romantic relationship; or
(2) that contains allegations of stalking or
sexual assault."
SECTION 11. Section 40-13-3.1 NMSA 1978 (being Laws 1995,
Chapter 176, Section 1, as amended) is amended to read:
"40-13-3.1. FORBEARANCE OF COSTS [ASSOCIATED WITH
DOMESTIC ABUSE OFFENSES ].--
A. An alleged victim of [domestic ] abuse shall not
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be required to bear the cost of:
(1) the prosecution of a misdemeanor or felony
offense arising out of an incident of [domestic ] abuse,
including costs associated with filing a criminal charge
against the alleged perpetrator of the abuse;
(2) the filing, issuance or service of a
warrant;
(3) the filing, issuance or service of a
witness subpoena;
(4) the filing, issuance or service of a
petition for an order of protection;
(5) the filing, issuance or service of an
order of protection; or
(6) obtaining law enforcement reports or
photographs or copies of photographs relating to the alleged
abuse or pattern of abuse.
B. No witness fee shall be charged where prohibited
by federal law."
SECTION 12. Section 40-13-3.2 NMSA 1978 (being Laws 1999,
Chapter 142, Section 2, as amended) is amended to read:
"40-13-3.2. [EX PARTE ] EMERGENCY ORDERS OF PROTECTION.--
A. [The district court may issue an ex parte
written emergency order of protection when a law enforcement
officer states to the court in person, by telephone or via
facsimile and files a sworn written statement, setting forth
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the need for an emergency order of protection, and the court
finds reasonable grounds to believe that the alleged victim or
the alleged victim's child is in immediate danger of domestic
abuse following an incident of domestic abuse. The written
statement shall include the location and telephone number of
the alleged perpetrator, if known. ] A law enforcement officer
may petition for an emergency order of protection in writing or
orally in person, by telephone or by other electronic or
digital means. The law enforcement officer shall inform the
victim that an officer may petition the court for an emergency
order of protection on the victim's behalf. The petition shall
set forth the need for the emergency order of protection and,
if known, include the location and telephone number of the
respondent. A criminal complaint does not have to be filed in
order for a law enforcement officer to request an emergency
order of protection. The court may issue an emergency order of
protection when the court finds reasonable grounds that the
victim or a household member of the victim is in immediate
danger or that an act of abuse has occurred or may occur.
B. A law enforcement officer who receives an
emergency order of protection, whether in writing [by
telephone, or by facsimile transmission ] or orally in person,
by telephone or by other electronic or digital means , from the
court shall:
(1) if necessary, pursuant to the judge's oral
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approval, write and sign the order on an approved form;
(2) if possible, immediately serve a signed
copy of the order on the restrained party and complete the
appropriate affidavit of service;
(3) immediately provide the protected party
with a written signed copy of the order; and
(4) provide the original order to the court by
the close of business on the next [judicial ] day the court is
open.
C. The court may grant the following relief in an
emergency order of protection upon a probable cause finding
that [domestic] abuse has occurred:
(1) enjoin the restrained party from
threatening to commit or committing acts of [domestic ] abuse
against the protected party or any designated household
members;
(2) enjoin the restrained party from any
contact with the protected party, including harassing,
telephoning, contacting or otherwise communicating with the
protected party; and
(3) grant temporary custody of any minor child
in common with the parties to the protected party, if
necessary.
D. A district judge shall be available [as
determined by] in each judicial district to hear petitions for
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emergency orders of protection at all times .
E. An emergency order of protection expires
seventy-two hours after issuance or at the end of the next
[judicial] day the court is open , whichever time is latest.
The expiration date shall be clearly stated on the emergency
order of protection.
F. A person may appeal the issuance of an emergency
order of protection to the court that issued the order. An
appeal may be heard as soon as the [judicial ] next day the
court is open following the issuance of the order.
G. Upon a proper petition, a [district ] court may
issue a temporary order of protection that is based upon the
same incident of [domestic ] abuse that was alleged in an
emergency order of protection.
H. Emergency orders of protection are enforceable
in the same manner as other orders of protection issued
pursuant to the provisions of the [Family Violence ] Protection
Against Abuse and Violence Act."
SECTION 13. Section 40-13-4 NMSA 1978 (being Laws 1987,
Chapter 286, Section 4, as amended) is amended to read:
"40-13-4. TEMPORARY ORDER OF PROTECTION--HEARING--
DISMISSAL.--
A. Upon the filing of a petition for an order of
protection, the court shall:
(1) immediately [grant ] issue an ex parte
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temporary order of protection without bond if there is probable
cause from the specific facts shown by the affidavit or by the
petition to give the judge reason to believe that an act of
[domestic] abuse has occurred or that there is immediate danger
of abuse;
(2) cause the temporary order of protection
together with notice of hearing to be served immediately on the
alleged perpetrator of the [domestic ] abuse; and
(3) within ten days after the granting of the
temporary order of protection, hold a hearing on the question
of continuing the order. [or
(4) if an ex parte order is not granted, serve
notice to appear upon the parties and hold a hearing on the
petition for order of protection within seventy-two hours after
the filing of the petition; provided if notice of hearing
cannot be served within seventy-two hours, the temporary order
of protection shall be automatically extended for ten days. ]
B. [If the court grants a ] In the temporary order
of protection, [it may award temporary custody and visitation
of any children involved when appropriate ] the court shall:
(1) enjoin the restrained party from
committing or threatening to commit acts of abuse against the
protected party or member of the protected party's household;
(2) enjoin the restrained party from any
contact or communication with the protected party; and
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(3) when appropriate, award temporary custody
and visitation or supervised visitation with any children and
give primary consideration to the safety of the protected party
and the children.
C. Except for petitions alleging stalking or sexual
assault, if the court finds that the alleged perpetrator is not
a household member, the court shall dismiss the petition.
D. If, upon review of a petition for an order of
protection, the court does not have sufficient information to
find or does not find probable cause to believe that an act of
abuse has occurred, the court shall hold a hearing within
seventy-two hours to allow the petitioner to provide additional
information to the court. Personal service is not required to
conduct a seventy-two-hour hearing. At the conclusion of the
hearing, the court shall issue either a temporary order of
protection or an order dismissing the petition. "
SECTION 14. Section 40-13-5 NMSA 1978 (being Laws 1987,
Chapter 286, Section 5, as amended) is amended to read:
"40-13-5. ORDER OF PROTECTION--CONTENTS--REMEDIES--TITLE
TO PROPERTY NOT AFFECTED [MUTUAL ORDER OF PROTECTION ].--
A. Upon finding that [domestic ] abuse has occurred
or that there is immediate danger of abuse or upon stipulation
of the parties, the court shall [enter ] immediately issue an
order of protection ordering the restrained party [to ]:
(1) to refrain from abusing the protected
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party or any other household member; and
(2) if the order is issued pursuant to this
section and if the court also determines that the restrained
party presents a credible threat to the physical safety of the
household member after the restrained party has received notice
and had an opportunity to be heard or by stipulation of the
parties, to:
(a) deliver any firearm in the
restrained party's possession, care, custody or control to a
law enforcement agency, law enforcement officer or federal
firearms licensee while the order of protection is in effect;
and
(b) refrain from purchasing, receiving,
or possessing or attempting to purchase, receive or possess any
firearm while the order of protection is in effect.
B. In an order of protection entered pursuant to
Subsection A of this section, the court shall specifically
describe the acts the court has ordered the restrained party to
do or refrain from doing. As a part of any order of
protection, the court [may ]:
(1) may grant sole possession of the residence
or household to the protected party during the period the order
of protection is effective or order the restrained party to
provide temporary suitable alternative housing for the
protected party and any children to whom the restrained party
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owes a legal obligation of support;
(2) may award temporary custody of any
children involved when appropriate and provide for visitation
rights, child support and temporary support for the protected
party on a basis that gives primary consideration to the safety
of the protected party and the children; provided that any
child custody and visitation order issued with the order of
protection may only be effective for a period of six months.
Any custody or visitation order may be extended for good cause
shown for no longer than an additional six months;
(3) may issue the order of protection between
the parties for a period of time independent of any custody or
property action;
[(3)] (4) may order that the restrained party
shall not initiate contact with the protected party;
[(4)] (5) may restrain a party from
transferring, concealing, encumbering or otherwise disposing of
the other party's property or the joint property of the parties
except in the usual course of business or for the necessities
of life and require the parties to account to the court for all
such transferences, encumbrances and expenditures made after
the order is served or communicated to the restrained party;
(6) may grant to a party the exclusive or
shared possession and control of any animal kept, owned or
leased by either party or by the minor child or minor children
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residing in the household of either party. The court may order
a party to stay away from the animal and may forbid a party
from taking, transferring, concealing, mistreating, harming or
disposing of the animal;
[(5)] (7) may order the restrained party to
reimburse the protected party or any other household member for
expenses reasonably related to the occurrence of [domestic ]
abuse, including medical expenses, counseling expenses, the
expense of seeking temporary shelter, expenses for the
replacement or repair of damaged property or the expense of
lost wages;
[(6)] (8) may order the restrained party to
participate in, at the restrained party's expense, professional
counseling programs deemed appropriate by the court, including
counseling programs for perpetrators of [domestic ] abuse,
alcohol abuse or abuse of controlled substances; [and ]
[(7)] (9) may order other injunctive relief as
the court deems necessary for the protection of a party,
including orders to law enforcement agencies as provided by
this section; and
(10) shall not order that the protected party
participate in treatment or counseling related to abuse .
C. The order of protection shall contain notice
that violation of any provision of the order of protection is a
violation of state law and that federal law, 18 U.S.C. 922, et
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seq., prohibits possession of firearms by certain persons.
When appropriate, the order of protection shall also contain
notice that all restrained parties are prohibited from owning
or possessing a firearm while the order of protection is in
effect. Firearms prohibitions shall apply to stipulated orders
and to contested orders when the respondent has been served
with notice of the hearing and has had the opportunity to
participate.
D. If the order of protection supersedes or alters
prior orders of the court pertaining to domestic matters
between the parties, the order shall say so on its face. If an
action relating to child custody or child support is pending or
has concluded with entry of an order at the time the petition
for an order of protection was filed, the court may enter an
initial order of protection, but the portion of the order
dealing with child custody or child support will then be
transferred to the court that has or continues to have
jurisdiction over the pending or prior custody or support
action.
[E. A mutual order of protection shall be issued
only in cases where both parties have petitioned the court and
the court makes detailed findings of fact indicating that both
parties acted primarily as aggressors and that neither party
acted primarily in self-defense.
F.] E. No order issued under the [Family Violence ]
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Protection Against Abuse and Violence Act shall affect title to
any property or allow a party to transfer, conceal, encumber or
otherwise dispose of another party's property or the joint or
community property of the parties.
[G.] F. Either party may request a review hearing
to amend an order of protection. An order of protection
involving child custody or support may be modified without
proof of a substantial or material change of circumstances.
[H.] G. An order of protection shall not be issued
unless a petition or a counter petition has been filed.
H. An order of protection may be issued against a
respondent if the respondent was served with a copy of a
petition for an order of protection and a notice to appear,
proof of service was filed with court and the respondent had an
opportunity to participate in the hearing. If a party fails to
appear at the ten-day hearing in which an order of protection
is issued, the court shall mail a copy of the order to the
party's address of record. "
SECTION 15. Section 40-13-5.1 NMSA 1978 (being Laws 2016,
Chapter 32, Section 1 and Laws 2016, Chapter 33, Section 1) is
amended to read:
"40-13-5.1. EXTENDED ORDER OF PROTECTION.--
A. In the sentencing proceeding for a person
convicted of criminal sexual penetration pursuant to Section
30-9-11 NMSA 1978, a prosecutor may request that the criminal
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court grant the victim an order of protection to remain in
effect for the duration of the criminal court's jurisdiction
over the person.
B. At any time after the expiration of a criminal
court's jurisdiction over a person against whom an order of
protection was granted pursuant to a request pursuant to
Subsection A of this section, the victim may:
(1) file a petition for an order of protection
against the person; and
(2) submit evidence of the person's conviction
for criminal sexual penetration, including out-of-state, as
cause for the court to grant the order of protection.
C. Based on evidence submitted pursuant to
Subsection B of this section, a court may take judicial notice
of the facts that led to a person's conviction for criminal
sexual penetration and a victim shall not be required to appear
before the court on the victim's petition for an order of
protection; provided, however, that another person may appear
on the victim's behalf.
D. A court may grant an order of protection
pursuant to this section for any length of time, including for
a victim's lifetime.
E. Notwithstanding the provisions of Subsection C
of Section 40-13-6 NMSA 1978, an order of protection granted
pursuant to this section shall continue until the expiration
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provided in the order, if any, or until modified or rescinded
upon a motion by the [victim ] protected party."
SECTION 16. Section 40-13-6 NMSA 1978 (being Laws 1987,
Chapter 286, Section 6, as amended) is amended to read:
"40-13-6. SERVICE OF ORDER--DURATION--PENALTY--REMEDIES
NOT EXCLUSIVE.--
A. An order of protection granted under the [Family
Violence] Protection Against Abuse and Violence Act shall be
filed with the clerk of the court, and a copy shall be sent by
the clerk to the local law enforcement agency. The order shall
be [personally served upon the restrained party, unless the
restrained party or the restrained party's attorney was present
at the time the order was issued ] provided to the parties or
the parties' attorneys . The order shall be filed and [served ]
provided to the parties and a local law enforcement agency
without cost to the protected party.
B. A local law enforcement agency receiving an
order of protection from the clerk of the court that was issued
under the [Family Violence ] Protection Against Abuse and
Violence Act shall have the order entered in the national crime
information center's order of protection file within seventy-
two hours of receipt. This does not include temporary orders
of protection entered pursuant to the provisions of Section
40-13-4 NMSA 1978.
C. An order of protection [granted by the court
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involving custody or support shall be effective for a fixed
period of time not to exceed six months. The order may be
extended for good cause upon motion of the protected party for
an additional period of time not to exceed six months.
Injunctive orders shall continue until modified or rescinded
upon motion by either party or until the court approves a
subsequent consent agreement entered into by the parties ]
issued by the court may be in effect for a fixed period of time
of any length; provided that the court deems the period of time
appropriate to protect the safety of the protected party. Upon
motion and after a hearing, an existing order of protection
that may expire may be extended for good cause shown .
D. A [peace] law enforcement officer may arrest
without a warrant and take into custody a restrained party
[whom] who the [peace] officer has probable cause to believe
has violated an order of protection that is issued pursuant to
the [Family Violence] Protection Against Abuse and Violence Act
or entitled to full faith and credit.
E. A restrained party convicted of violating an
order of protection granted by a court under the [Family
Violence] Protection Against Abuse and Violence Act is guilty
of a misdemeanor and shall be sentenced in accordance with
Section 31-19-1 NMSA 1978. Upon a second or subsequent
conviction, an offender shall be sentenced to a jail term of
not less than seventy-two consecutive hours that shall not be
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suspended, deferred or taken under advisement.
F. In addition to any other punishment provided in
the [Family Violence] Protection Against Abuse and Violence
Act, the court shall order a person convicted to make full
restitution to the party injured by the violation of an order
of protection and shall order the person convicted to
participate in and complete a [program of professional
counseling] domestic violence offender treatment or
intervention program or other relevant treatment or
intervention program, at the person's own expense, if possible.
G. In addition to charging the person with
violating an order of protection, a [peace ] law enforcement
officer shall file all other possible criminal charges arising
from an incident of [domestic ] abuse when probable cause
exists.
H. The remedies provided in the [Family Violence ]
Protection Against Abuse and Violence Act are in addition to
any other civil or criminal remedy available to the protected
party or the state."
SECTION 17. Section 40-13-7 NMSA 1978 (being Laws 1987,
Chapter 286, Section 7, as amended) is amended to read:
"40-13-7. LAW ENFORCEMENT OFFICERS--EMERGENCY
ASSISTANCE--LIMITED LIABILITY--PROVIDING NOTIFICATION TO
VICTIMS WHEN AN ALLEGED PERPETRATOR IS RELEASED FROM
DETENTION--STATEMENT IN JUDGMENT AND SENTENCE DOCUMENT.--
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A. A [person who allegedly has been a ] victim of
[domestic] abuse may request [the ] assistance [of] from a local
law enforcement agency.
B. A [local] law enforcement officer responding to
the request for assistance shall [be required to ] take
[whatever] steps [are] reasonably necessary to protect the
victim and the victim's children or household members from
further [domestic] abuse, including:
(1) [advising] informing the victim of the
remedies available under the [Family Violence ] Protection
Against Abuse and Violence Act; the right to file a written
statement, a criminal complaint and a request for an arrest
warrant; and the availability of [domestic violence ] shelters,
medical care, counseling and other services;
(2) upon the request of the victim, providing
or arranging for transportation of the victim to a medical
facility or place of shelter;
(3) upon the request of the victim,
accompanying the victim to the victim's residence to obtain the
victim's clothing and personal effects required for immediate
needs and the clothing and personal effects of any children
[then in the care of the victim ] in the victim's care ;
(4) upon the request of the victim, [assist in
placing] assisting the victim [in] gaining possession of [the]
a dwelling or premises or otherwise [assist ] assisting in
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execution, enforcement or service of an order of protection;
(5) arresting the alleged perpetrator [when
appropriate] and including a written statement in the
[attendant] police report to indicate that the arrest of the
alleged perpetrator was [in whole or in part, premised ] based
upon probable cause to believe that the alleged perpetrator
committed [domestic] abuse against the victim and [when
appropriate indicate] the officer has information if one of the
parties acted in self-defense or that the party arrested was
the predominant aggressor; [and ]
(6) [advising] informing the victim [when
appropriate] of the procedure for initiating proceedings under
the [Family Violence] Protection Against Abuse and Violence Act
or criminal proceedings and [of ] the importance of preserving
evidence, including digital evidence; and
(7) identifying and documenting in the
criminal complaint and police report names and relationships
between people present at the incident, including any
additional victims or witnesses .
C. The jail or detention center shall make [a ]
reasonable [attempt] efforts to notify the arresting law
enforcement agency or officer [when ] and victim if the alleged
perpetrator of abuse escapes from custody , is released from
custody or is transferred to another facility . The arresting
law enforcement agency shall make [a ] reasonable [attempt ]
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efforts to notify the victim that the alleged perpetrator is
released from custody.
D. Any law enforcement officer responding to a
request for assistance under the [Family Violence ] Protection
Against Abuse and Violence Act is immune from civil liability
to the extent allowed by law. Any jail, detention center or
law enforcement agency that makes a reasonable attempt to
provide notification that an alleged perpetrator is released
from custody is immune from civil liability to the extent
allowed by law.
E. A statement shall be included in a judgment and
sentence document to indicate when a conviction results from
the commission of [domestic ] abuse."
SECTION 18. Section 40-13-7.1 NMSA 1978 (being Laws 2005,
Chapter 281, Section 1) is amended to read:
"40-13-7.1. [MEDICAL PERSONNEL ] HEALTH CARE
PROFESSIONALS--DOCUMENTATION OF [DOMESTIC ] ABUSE.--
A. When [medical personnel who are ] a health care
professional who is interviewing, examining, attending or
treating a person:
(1) [receive] receives a report from the
person of an act of [domestic ] abuse, the [medical personnel ]
health care professional shall document the nature of the abuse
and the name of the alleged perpetrator of the abuse, if
disclosed, in the person's medical file and shall provide the
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person with information about and referral to services for
victims of [domestic] abuse; or
(2) [may have] has reason to believe or
suspect that the person is a victim of [domestic ] abuse, the
[medical personnel] health care professional shall provide the
person with information about and referral to services for
victims of [domestic] abuse.
B. Medical and other health-care-related
information or communications concerning [domestic ] abuse of a
person obtained by or from [medical personnel ] a health care
professional during the course of an interview, examination,
diagnosis or treatment are confidential communications unless
released:
(1) with the prior written consent of the
person;
(2) pursuant to a court order; or
(3) when necessary to provide treatment,
payment and operations in accordance with the federal Health
Insurance Portability and Accountability Act of 1996 .
C. As used in this section, "[medical personnel ]
health care professional " means:
(1) a licensed health care [practitioners ]
practitioner who interviews, examines, attends or treats
patients;
[(2) licensed emergency medical technicians;
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(3) health care practitioners who interview,
examine, attend or treat a person and who are under the
guidance or supervision of licensed health care practitioners;
and
(4) residents and interns; ]
(2) a person who works under the guidance and
supervision of a licensed health care practitioner;
(3) a health care practitioner in training,
including a student, a resident and an intern; and
(4) a licensed emergency medical technician ."
SECTION 19. Section 40-13-9 NMSA 1978 (being Laws 2005,
Chapter 30, Section 1) is amended to read:
"40-13-9. DOMESTIC VIOLENCE SPECIAL COMMISSIONERS--
APPOINTMENT--QUALIFICATIONS.--
A. A domestic violence special commissioner shall
be appointed by and serve at the pleasure of the chief judge of
the judicial district to which the officer is assigned.
B. A domestic violence special commissioner shall:
(1) be an attorney licensed to practice law in
New Mexico;
(2) have a minimum of three years experience
in the practice of law and be knowledgeable in the area of
domestic relations and domestic violence matters; and
(3) conform to Canons 21-100 through [21-500
and 21-700] 21-400 of the Code of Judicial Conduct as adopted
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by the supreme court. Violation of any such canon shall be
grounds for dismissal of any domestic violence special
commissioner."
SECTION 20. Section 40-13-10 NMSA 1978 (being Laws 2005,
Chapter 30, Section 2) is amended to read:
"40-13-10. SPECIAL COMMISSIONERS--POWERS--DUTIES.--
A. A domestic violence special commissioner shall
perform the following duties in carrying out the provisions of
the [Family Violence] Protection Against Abuse and Violence
Act:
(1) review [petitions ] every petition for
[orders] an order of protection and all motions to enforce,
modify or terminate orders of protection or motions to show
cause;
(2) if deemed necessary, interview
petitioners. Any interview shall be on the record;
(3) conduct hearings on the merits of
petitions for orders of protection and motions to enforce,
modify or terminate orders of protection or motions to show
cause; and
(4) prepare recommendations to the [district ]
court regarding petitions for orders of protection and motions
to enforce, modify or terminate orders of protection or motions
to show cause.
B. All orders must be signed by a district court
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judge before the recommendations of a domestic violence special
commissioner become effective. The recommendation of the
commissioner shall be reviewed and signed on the same day of
the hearing."
SECTION 21. Section 40-13-12 NMSA 1978 (being Laws 2008,
Chapter 40, Section 10) is amended to read:
"40-13-12. LIMITS ON INTERNET PUBLICATION.--A state
agency, court or political subdivision of the state, including
a magistrate or municipal court, judicial district, law
enforcement agency, county, municipality or home-rule
municipality, shall not make available publicly on the internet
any information [that would likely reveal the identity or
location of the party protected under an order of protection ]
regarding the registration or filing of a petition for or
issuance of a protection order, restraining order or injunction
pursuant to the Uniform Interstate Enforcement of Domestic
Violence Protection Orders Act, whether the filing or issuance
occurred in New Mexico or any other state; provided that this
restriction does not apply to a filing or issuance on the New
Mexico state judiciary's statewide case management and e-filing
system, but the address of a protected person shall be redacted
from that filing or issuance . A state agency, court or
political subdivision may share court-generated and law
enforcement-generated information contained in secure,
government registries for protection order enforcement
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purposes."
SECTION 22. Section 40-13B-2 NMSA 1978 (being Laws 2018,
Chapter 40, Section 2) is amended to read:
"40-13B-2. DEFINITIONS.--As used in the Confidential
Substitute Address Act:
A. "agency" means an agency of the state or of a
political subdivision of the state;
B. "applicant" means a person who submits an
application to participate in the confidential substitute
address program;
C. "application assistant" means a person who works
or volunteers for a domestic violence or sexual assault program
and who assists in preparing an application for the
confidential substitute address program;
D. "confidential substitute address" means an
address designated for a participant by the secretary of state
pursuant to the Confidential Substitute Address Act;
E. "delivery address" means the address where an
applicant or a participant receives mail, and it may be the
same as the person's residential address;
F. "domestic violence" means "[domestic ] abuse", as
defined in the [Family Violence ] Protection Against Abuse and
Violence Act;
G. "participant" means a person certified to
participate in the confidential substitute address program
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pursuant to the Confidential Substitute Address Act;
H. "public record" means "public records", as
defined in the Inspection of Public Records Act; and
I. "residential address" means the street address
where an applicant or participant resides or will relocate."
SECTION 23. Section 50-4A-2 NMSA 1978 (being Laws 2009,
Chapter 14, Section 2) is amended to read:
"50-4A-2. DEFINITIONS.--As used in the Promoting
Financial Independence for Victims of Domestic Abuse Act:
A. "domestic abuse" has the same meaning as [it
does] "abuse", as defined in the [Family Violence ] Protection
Against Abuse and Violence Act;
B. "domestic abuse leave" means intermittent paid
or unpaid leave time for up to fourteen days in any calendar
year, taken by an employee for up to eight hours in one day, to
obtain or attempt to obtain an order of protection or other
judicial relief from domestic abuse or to meet with law
enforcement officials, to consult with attorneys or district
attorneys' victim advocates or to attend court proceedings
related to the domestic abuse of an employee or an employee's
family member;
C. "employee" means a person who is employed by an
employer;
D. "employer" includes a person, a firm, a
partnership, an association, a corporation, a receiver or an
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officer of the court of New Mexico, a state agency, or a unit
of local government or a school district;
E. "family member" means a minor child of the
employee or a person for whom the employee is a legal guardian;
F. "order of protection" means a court order
granted pursuant to the [Family Violence ] Protection Against
Abuse and Violence Act; and
G. "retaliation" means an adverse action against an
employee, including threats, reprisals or discrimination for
engaging in the protected activity of taking domestic abuse
leave."
SECTION 24. REPEAL.--Section 40-13-1.1 NMSA 1978 (being
Laws 2002, Chapter 34, Section 2 and Laws 2002, Chapter 35,
Section 2) is repealed.
SECTION 25. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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