New Mexico 2025 Regular Session

New Mexico Senate Bill SB331 Compare Versions

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

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28	28	SENATE BILL 331
29	29	57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30	30	INTRODUCED BY
31	31	Antoinette Sedillo Lopez and Crystal Brantley
32	32	AN ACT
33	33	RELATING TO DOMESTIC VIOLENCE CRIMINAL OFFENSES; AMENDING
34	34	SECTIONS 30-3-12 THROUGH 30-3-14, 30-3-17 AND 30-3-18 NMSA 1978
35	35	(BEING LAWS 1995, CHAPTER 221, SECTIONS 3 THROUGH 5, LAWS 2008,
36	36	CHAPTER 16, SECTION 4 AND LAWS 2009, CHAPTER 255, SECTION 2)
37	37	AND SUBSECTIONS E AND F OF SECTION 40-13-6 NMSA 1978 (BEING
38	38	LAWS 1987, CHAPTER 286, SECTION 6, AS AMENDED); PROVIDING THAT
39	39	A PERSON CONVICTED OF AND SENTENCED FOR CRIMINAL OFFENSES
40	40	PROVIDED IN THOSE SECTIONS SHALL PARTICIPATE IN AND COMPLETE A
41	41	DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAM
42	42	APPROVED BY THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT;
43	43	PROVIDING THAT A PERSON WHO VIOLATES A CONDITION OF PROBATION
44	44	ORDERED PURSUANT TO A SUSPENDED OR DEFERRED SENTENCE MAY BE
45	45	SUBJECT TO ANY SENTENCE THE COURT COULD ORIGINALLY HAVE IMPOSED
46	46	AND NOT RECEIVE CREDIT FOR TIME SERVED ON PROBATION; MAKING
47	47	CONFORMING AMENDMENTS.
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75	75	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
76	76	SECTION 1. Section 30-3-12 NMSA 1978 (being Laws 1995,
77	77	Chapter 221, Section 3) is amended to read:
78	78	"30-3-12. ASSAULT AGAINST A HOUSEHOLD MEMBER.--
79	79	A. Assault against a household member consists of:
80	80	(1) an attempt to commit a battery against a
81	81	household member; or
82	82	(2) any unlawful act, threat or menacing
83	83	conduct that causes a household member to reasonably believe
84	84	that [he] the household member is in danger of receiving an
85	85	immediate battery.
86	86	B. Whoever commits assault against a household
87	87	member is guilty of a petty misdemeanor.
88	88	C. Upon conviction pursuant to this section, an
89	89	offender shall be required to participate in and complete a
90	90	domestic violence offender treatment or intervention program
91	91	approved by the children, youth and families department
92	92	pursuant to rules promulgated by the department that define the
93	93	criteria for such programs.
94	94	D. Notwithstanding any provision of law to the
95	95	contrary, if a sentence imposed pursuant to this section is
96	96	suspended or deferred in whole or in part, the period of
97	97	probation may extend beyond one hundred eighty-two days but
98	98	shall not exceed one year. If an offender violates a condition
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127	127	of probation, the court may impose any sentence that the court
128	128	could originally have imposed, and credit shall not be given
129	129	for time served by the offender on probation; provided that the
130	130	total period of incarceration shall not exceed one hundred
131	131	eighty-two days and the combined period of incarceration and
132	132	probation shall not exceed one year. "
133	133	SECTION 2. Section 30-3-13 NMSA 1978 (being Laws 1995,
134	134	Chapter 221, Section 4) is amended to read:
135	135	"30-3-13. AGGRAVATED ASSAULT AGAINST A HOUSEHOLD
136	136	MEMBER.--
137	137	A. Aggravated assault against a household member
138	138	consists of:
139	139	(1) unlawfully assaulting or striking at a
140	140	household member with a deadly weapon; or
141	141	(2) willfully and intentionally assaulting a
142	142	household member with intent to commit any felony.
143	143	B. Whoever commits aggravated assault against a
144	144	household member is guilty of a fourth degree felony .
145	145	C. Upon conviction pursuant to this section, an
146	146	offender shall be required to participate in and complete a
147	147	domestic violence offender treatment or intervention program
148	148	approved by the children, youth and families department
149	149	pursuant to rules promulgated by the department that define the
150	150	criteria for such programs.
151	151	D. Notwithstanding any provision of law to the
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180	180	contrary, if a sentence imposed pursuant to this section is
181	181	suspended or deferred in whole or in part and an offender
182	182	violates a condition of probation, the court may impose any
183	183	sentence that the court could originally have imposed, and
184	184	credit shall not be given for time served by the offender on
185	185	probation; provided that the combined period of incarceration
186	186	and probation shall not exceed the maximum period of
187	187	incarceration for the sentence that was suspended or deferred. "
188	188	SECTION 3. Section 30-3-14 NMSA 1978 (being Laws 1995,
189	189	Chapter 221, Section 5) is amended to read:
190	190	"30-3-14. ASSAULT AGAINST A HOUSEHOLD MEMBER WITH INTENT
191	191	TO COMMIT A VIOLENT FELONY.--
192	192	A. Assault against a household member with intent
193	193	to commit a violent felony consists of any person assaulting a
194	194	household member with intent to kill or commit any murder,
195	195	mayhem, criminal sexual penetration in the first, second or
196	196	third degree, robbery, kidnapping, false imprisonment or
197	197	burglary.
198	198	B. Whoever commits assault against a household
199	199	member with intent to commit a violent felony is guilty of a
200	200	third degree felony.
201	201	C. Upon conviction pursuant to this section, an
202	202	offender shall be required to participate in and complete a
203	203	domestic violence offender treatment or intervention program
204	204	approved by the children, youth and families department
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233	233	pursuant to rules promulgated by the department that define the
234	234	criteria for such programs.
235	235	D. Notwithstanding any provision of law to the
236	236	contrary, if a sentence imposed pursuant to this section is
237	237	suspended or deferred in whole or in part and an offender
238	238	violates a condition of probation, the court may impose any
239	239	sentence that the court could originally have imposed, and
240	240	credit shall not be given for time served by the offender on
241	241	probation; provided that the combined period of incarceration
242	242	and probation shall not exceed the maximum period of
243	243	incarceration for the sentence that was suspended or deferred. "
244	244	SECTION 4. Section 30-3-17 NMSA 1978 (being Laws 2008,
245	245	Chapter 16, Section 4) is amended to read:
246	246	"30-3-17. MULTIPLE CONVICTIONS OF BATTERY OR AGGRAVATED
247	247	BATTERY.--
248	248	A. Whoever commits three offenses of battery
249	249	against a household member as provided in Section 30-3-15 NMSA
250	250	1978 or aggravated battery against a household member as
251	251	provided in Subsection B of Section 30-3-16 NMSA 1978, or any
252	252	combination thereof, when the household member is a spouse, a
253	253	former spouse, a co-parent of a child or a person with whom the
254	254	offender has had a continuing personal relationship is guilty
255	255	of a fourth degree felony.
256	256	B. Whoever commits four or more offenses of battery
257	257	against a household member as provided in Section 30-3-15 NMSA
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286	286	1978 or aggravated battery against a household member as
287	287	provided in Subsection B of Section 30-3-16 NMSA 1978, or any
288	288	combination thereof, when the household member is a spouse, a
289	289	former spouse, a co-parent of a child or a person with whom the
290	290	offender has had a continuing personal relationship is guilty
291	291	of a third degree felony.
292	292	C. For the purpose of determining the number of
293	293	offenses committed, each offense must have been committed after
294	294	conviction for the preceding offense.
295	295	D. Upon conviction pursuant to this section, an
296	296	offender shall be required to participate in and complete a
297	297	domestic violence offender treatment or intervention program
298	298	approved by the children, youth and families department
299	299	pursuant to rules promulgated by the department that define the
300	300	criteria for such programs.
301	301	E. Notwithstanding any provision of law to the
302	302	contrary, if a sentence imposed pursuant to this section is
303	303	suspended or deferred in whole or in part and an offender
304	304	violates a condition of probation, the court may impose any
305	305	sentence that the court could originally have imposed, and
306	306	credit shall not be given for time served by the offender on
307	307	probation; provided that the combined period of incarceration
308	308	and probation shall not exceed the maximum period of
309	309	incarceration for the sentence that was suspended or deferred. "
310	310	SECTION 5. Section 30-3-18 NMSA 1978 (being Laws 2009,
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339	339	Chapter 255, Section 2) is amended to read:
340	340	"30-3-18. CRIMINAL DAMAGE TO PROPERTY OF HOUSEHOLD
341	341	MEMBER--DEPRIVATION OF PROPERTY OF HOUSEHOLD MEMBER.--
342	342	A. Criminal damage to the property of a household
343	343	member consists of intentionally damaging real, personal,
344	344	community or jointly owned property of a household member with
345	345	the intent to intimidate, threaten or harass that household
346	346	member.
347	347	B. Whoever commits criminal damage to the property
348	348	of a household member is guilty of a misdemeanor, except that
349	349	when the damage to the household member's interest in the
350	350	property amounts to more than one thousand dollars ($1,000),
351	351	the offender is guilty of a fourth degree felony.
352	352	C. Deprivation of the property of a household
353	353	member consists of intentionally depriving a household member
354	354	of the use of separate, community or jointly owned personal
355	355	property of the household member with the intent to intimidate
356	356	or threaten that household member.
357	357	D. Whoever commits deprivation of the property of a
358	358	household member is guilty of a misdemeanor.
359	359	E. Upon conviction pursuant to this section, an
360	360	offender shall be required to participate in and complete a
361	361	domestic violence offender treatment or intervention program
362	362	approved by the children, youth and families department
363	363	pursuant to rules promulgated by the department that define the
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392	392	criteria for such programs.
393	393	F. Notwithstanding any provision of law to the
394	394	contrary:
395	395	(1) if an offender is convicted of a
396	396	misdemeanor pursuant to this section and the sentence imposed
397	397	is suspended or deferred in whole or in part, the period of
398	398	probation may extend beyond three hundred sixty-four days but
399	399	shall not exceed two years; provided that if the offender
400	400	violates a condition of probation, the court may impose any
401	401	sentence that the court could originally have imposed, and
402	402	credit shall not be given for time served by the offender on
403	403	probation; and provided further that the total period of
404	404	incarceration shall not exceed three hundred sixty-four days
405	405	and the combined period of incarceration and probation shall
406	406	not exceed two years; and
407	407	(2) if an offender is convicted of a felony
408	408	pursuant to this section and the sentence imposed is suspended
409	409	or deferred in whole or in part and the offender violates a
410	410	condition of probation, the court may impose any sentence that
411	411	the court could originally have imposed, and credit shall not
412	412	be given for time served by the offender on probation; provided
413	413	that the combined period of incarceration and probation shall
414	414	not exceed the maximum period of incarceration for the sentence
415	415	that was suspended or deferred. "
416	416	SECTION 6. Section 40-13-6 NMSA 1978 (being Laws 1987,
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445	445	Chapter 286, Section 6, as amended) is amended to read:
446	446	"40-13-6. SERVICE OF ORDER--DURATION--PENALTY--REMEDIES
447	447	NOT EXCLUSIVE.--
448	448	A. An order of protection granted under the Family
449	449	Violence Protection Act shall be filed with the clerk of the
450	450	court, and a copy shall be sent by the clerk to the local law
451	451	enforcement agency. The order shall be personally served upon
452	452	the restrained party, unless the restrained party or the
453	453	restrained party's attorney was present at the time the order
454	454	was issued. The order shall be filed and served without cost
455	455	to the protected party.
456	456	B. A local law enforcement agency receiving an
457	457	order of protection from the clerk of the court that was issued
458	458	under the Family Violence Protection Act shall have the order
459	459	entered in the national crime information center's order of
460	460	protection file within seventy-two hours of receipt. This does
461	461	not include temporary orders of protection entered pursuant to
462	462	the provisions of Section 40-13-4 NMSA 1978.
463	463	C. An order of protection granted by the court
464	464	involving custody or support shall be effective for a fixed
465	465	period of time not to exceed six months. The order may be
466	466	extended for good cause upon motion of the protected party for
467	467	an additional period of time not to exceed six months.
468	468	Injunctive orders shall continue until modified or rescinded
469	469	upon motion by either party or until the court approves a
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498	498	subsequent consent agreement entered into by the parties.
499	499	D. A peace officer may arrest without a warrant and
500	500	take into custody a restrained party [whom ] who the peace
501	501	officer has probable cause to believe has violated an order of
502	502	protection that is issued pursuant to the Family Violence
503	503	Protection Act or entitled to full faith and credit.
504	504	E. A restrained party convicted of violating an
505	505	order of protection granted by a court under the Family
506	506	Violence Protection Act is guilty of a misdemeanor and shall be
507	507	sentenced in accordance with Section 31-19-1 NMSA 1978. Upon a
508	508	second or subsequent conviction, an offender shall be sentenced
509	509	to a jail term of not less than seventy-two consecutive hours
510	510	that shall not be suspended, deferred or taken under
511	511	advisement. Notwithstanding any provision of law to the
512	512	contrary, if a sentence imposed pursuant to this subsection is
513	513	suspended or deferred in whole or in part, the period of
514	514	probation may extend beyond three hundred sixty-four days but
515	515	shall not exceed two years; provided that if an offender
516	516	violates a condition of probation, the court may impose any
517	517	sentence that the court could originally have imposed, and
518	518	credit shall not be given for time served by the offender on
519	519	probation; and provided further that the total period of
520	520	incarceration shall not exceed three hundred sixty-four days
521	521	and the combined period of incarceration and probation shall
522	522	not exceed two years.
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551	551	F. In addition to any other punishment provided in
552	552	the Family Violence Protection Act, the court shall order a
553	553	person convicted to make full restitution to the party injured
554	554	by the violation of an order of protection and shall order the
555	555	person convicted to participate in and complete a [program of
556	556	professional counseling, at the person's own expense, if
557	557	possible] domestic violence offender treatment or intervention
558	558	program approved by the children, youth and families department
559	559	pursuant to rules promulgated by the department that define the
560	560	criteria for such programs .
561	561	G. In addition to charging the person with
562	562	violating an order of protection, a peace officer shall file
563	563	all other possible criminal charges arising from an incident of
564	564	domestic abuse when probable cause exists.
565	565	H. The remedies provided in the Family Violence
566	566	Protection Act are in addition to any other civil or criminal
567	567	remedy available to the protected party or the state."
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