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SENATE BILL 331
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Antoinette Sedillo Lopez and Crystal Brantley
AN ACT
RELATING TO DOMESTIC VIOLENCE CRIMINAL OFFENSES; AMENDING
SECTIONS 30-3-12 THROUGH 30-3-14, 30-3-17 AND 30-3-18 NMSA 1978
(BEING LAWS 1995, CHAPTER 221, SECTIONS 3 THROUGH 5, LAWS 2008,
CHAPTER 16, SECTION 4 AND LAWS 2009, CHAPTER 255, SECTION 2)
AND SUBSECTIONS E AND F OF SECTION 40-13-6 NMSA 1978 (BEING
LAWS 1987, CHAPTER 286, SECTION 6, AS AMENDED); PROVIDING THAT
A PERSON CONVICTED OF AND SENTENCED FOR CRIMINAL OFFENSES
PROVIDED IN THOSE SECTIONS SHALL PARTICIPATE IN AND COMPLETE A
DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAM
APPROVED BY THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT;
PROVIDING THAT A PERSON WHO VIOLATES A CONDITION OF PROBATION
ORDERED PURSUANT TO A SUSPENDED OR DEFERRED SENTENCE MAY BE
SUBJECT TO ANY SENTENCE THE COURT COULD ORIGINALLY HAVE IMPOSED
AND NOT RECEIVE CREDIT FOR TIME SERVED ON PROBATION; MAKING
CONFORMING AMENDMENTS.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-3-12 NMSA 1978 (being Laws 1995,
Chapter 221, Section 3) is amended to read:
"30-3-12. ASSAULT AGAINST A HOUSEHOLD MEMBER.--
A. Assault against a household member consists of:
(1) an attempt to commit a battery against a
household member; or
(2) any unlawful act, threat or menacing
conduct that causes a household member to reasonably believe
that [he] the household member is in danger of receiving an
immediate battery.
B. Whoever commits assault against a household
member is guilty of a petty misdemeanor.
C. Upon conviction pursuant to this section, an
offender shall be required to participate in and complete a
domestic violence offender treatment or intervention program
approved by the children, youth and families department
pursuant to rules promulgated by the department that define the
criteria for such programs.
D. Notwithstanding any provision of law to the
contrary, if a sentence imposed pursuant to this section is
suspended or deferred in whole or in part, the period of
probation may extend beyond one hundred eighty-two days but
shall not exceed one year. If an offender violates a condition
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of probation, the court may impose any sentence that the court
could originally have imposed, and credit shall not be given
for time served by the offender on probation; provided that the
total period of incarceration shall not exceed one hundred
eighty-two days and the combined period of incarceration and
probation shall not exceed one year. "
SECTION 2. Section 30-3-13 NMSA 1978 (being Laws 1995,
Chapter 221, Section 4) is amended to read:
"30-3-13. AGGRAVATED ASSAULT AGAINST A HOUSEHOLD
MEMBER.--
A. Aggravated assault against a household member
consists of:
(1) unlawfully assaulting or striking at a
household member with a deadly weapon; or
(2) willfully and intentionally assaulting a
household member with intent to commit any felony.
B. Whoever commits aggravated assault against a
household member is guilty of a fourth degree felony .
C. Upon conviction pursuant to this section, an
offender shall be required to participate in and complete a
domestic violence offender treatment or intervention program
approved by the children, youth and families department
pursuant to rules promulgated by the department that define the
criteria for such programs.
D. Notwithstanding any provision of law to the
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contrary, if a sentence imposed pursuant to this section is
suspended or deferred in whole or in part and an offender
violates a condition of probation, the court may impose any
sentence that the court could originally have imposed, and
credit shall not be given for time served by the offender on
probation; provided that the combined period of incarceration
and probation shall not exceed the maximum period of
incarceration for the sentence that was suspended or deferred. "
SECTION 3. Section 30-3-14 NMSA 1978 (being Laws 1995,
Chapter 221, Section 5) is amended to read:
"30-3-14. ASSAULT AGAINST A HOUSEHOLD MEMBER WITH INTENT
TO COMMIT A VIOLENT FELONY.--
A. Assault against a household member with intent
to commit a violent felony consists of any person assaulting a
household member with intent to kill or commit any murder,
mayhem, criminal sexual penetration in the first, second or
third degree, robbery, kidnapping, false imprisonment or
burglary.
B. Whoever commits assault against a household
member with intent to commit a violent felony is guilty of a
third degree felony.
C. Upon conviction pursuant to this section, an
offender shall be required to participate in and complete a
domestic violence offender treatment or intervention program
approved by the children, youth and families department
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pursuant to rules promulgated by the department that define the
criteria for such programs.
D. Notwithstanding any provision of law to the
contrary, if a sentence imposed pursuant to this section is
suspended or deferred in whole or in part and an offender
violates a condition of probation, the court may impose any
sentence that the court could originally have imposed, and
credit shall not be given for time served by the offender on
probation; provided that the combined period of incarceration
and probation shall not exceed the maximum period of
incarceration for the sentence that was suspended or deferred. "
SECTION 4. Section 30-3-17 NMSA 1978 (being Laws 2008,
Chapter 16, Section 4) is amended to read:
"30-3-17. MULTIPLE CONVICTIONS OF BATTERY OR AGGRAVATED
BATTERY.--
A. Whoever commits three offenses of battery
against a household member as provided in Section 30-3-15 NMSA
1978 or aggravated battery against a household member as
provided in Subsection B of Section 30-3-16 NMSA 1978, or any
combination thereof, when the household member is a spouse, a
former spouse, a co-parent of a child or a person with whom the
offender has had a continuing personal relationship is guilty
of a fourth degree felony.
B. Whoever commits four or more offenses of battery
against a household member as provided in Section 30-3-15 NMSA
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1978 or aggravated battery against a household member as
provided in Subsection B of Section 30-3-16 NMSA 1978, or any
combination thereof, when the household member is a spouse, a
former spouse, a co-parent of a child or a person with whom the
offender has had a continuing personal relationship is guilty
of a third degree felony.
C. For the purpose of determining the number of
offenses committed, each offense must have been committed after
conviction for the preceding offense.
D. Upon conviction pursuant to this section, an
offender shall be required to participate in and complete a
domestic violence offender treatment or intervention program
approved by the children, youth and families department
pursuant to rules promulgated by the department that define the
criteria for such programs.
E. Notwithstanding any provision of law to the
contrary, if a sentence imposed pursuant to this section is
suspended or deferred in whole or in part and an offender
violates a condition of probation, the court may impose any
sentence that the court could originally have imposed, and
credit shall not be given for time served by the offender on
probation; provided that the combined period of incarceration
and probation shall not exceed the maximum period of
incarceration for the sentence that was suspended or deferred. "
SECTION 5. Section 30-3-18 NMSA 1978 (being Laws 2009,
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Chapter 255, Section 2) is amended to read:
"30-3-18. CRIMINAL DAMAGE TO PROPERTY OF HOUSEHOLD
MEMBER--DEPRIVATION OF PROPERTY OF HOUSEHOLD MEMBER.--
A. Criminal damage to the property of a household
member consists of intentionally damaging real, personal,
community or jointly owned property of a household member with
the intent to intimidate, threaten or harass that household
member.
B. Whoever commits criminal damage to the property
of a household member is guilty of a misdemeanor, except that
when the damage to the household member's interest in the
property amounts to more than one thousand dollars ($1,000),
the offender is guilty of a fourth degree felony.
C. Deprivation of the property of a household
member consists of intentionally depriving a household member
of the use of separate, community or jointly owned personal
property of the household member with the intent to intimidate
or threaten that household member.
D. Whoever commits deprivation of the property of a
household member is guilty of a misdemeanor.
E. Upon conviction pursuant to this section, an
offender shall be required to participate in and complete a
domestic violence offender treatment or intervention program
approved by the children, youth and families department
pursuant to rules promulgated by the department that define the
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criteria for such programs.
F. Notwithstanding any provision of law to the
contrary:
(1) if an offender is convicted of a
misdemeanor pursuant to this section and the sentence imposed
is suspended or deferred in whole or in part, the period of
probation may extend beyond three hundred sixty-four days but
shall not exceed two years; provided that if the offender
violates a condition of probation, the court may impose any
sentence that the court could originally have imposed, and
credit shall not be given for time served by the offender on
probation; and provided further that the total period of
incarceration shall not exceed three hundred sixty-four days
and the combined period of incarceration and probation shall
not exceed two years; and
(2) if an offender is convicted of a felony
pursuant to this section and the sentence imposed is suspended
or deferred in whole or in part and the offender violates a
condition of probation, the court may impose any sentence that
the court could originally have imposed, and credit shall not
be given for time served by the offender on probation; provided
that the combined period of incarceration and probation shall
not exceed the maximum period of incarceration for the sentence
that was suspended or deferred. "
SECTION 6. Section 40-13-6 NMSA 1978 (being Laws 1987,
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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 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. The order shall be filed and served 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 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
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
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subsequent consent agreement entered into by the parties.
D. A peace 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 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 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 suspended, deferred or taken under
advisement. Notwithstanding any provision of law to the
contrary, if a sentence imposed pursuant to this subsection is
suspended or deferred in whole or in part, the period of
probation may extend beyond three hundred sixty-four days but
shall not exceed two years; provided that if an offender
violates a condition of probation, the court may impose any
sentence that the court could originally have imposed, and
credit shall not be given for time served by the offender on
probation; and provided further that the total period of
incarceration shall not exceed three hundred sixty-four days
and the combined period of incarceration and probation shall
not exceed two years.
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F. In addition to any other punishment provided in
the Family Violence Protection 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, at the person's own expense, if
possible] domestic violence offender treatment or intervention
program approved by the children, youth and families department
pursuant to rules promulgated by the department that define the
criteria for such programs .
G. In addition to charging the person with
violating an order of protection, a peace 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 Act are in addition to any other civil or criminal
remedy available to the protected party or the state."
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