New Mexico 2025 Regular Session

New Mexico Senate Bill SB334 Compare Versions

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

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28	28	SENATE BILL 334
29	29	57
30	30	TH LEGISLATURE
31	31	-
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33	33	STATE
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35	35	OF
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Michael Padilla
48	48	AN ACT
49	49	RELATING TO CRIME; CREATING THE CRIMES OF ASSAULT AND BATTERY
50	50	UPON A CHILD WELFARE WORKER OF THE CHILDREN, YOUTH AND FAMILIES
51	51	DEPARTMENT; ESTABLISHING PENALTIES.
52	52	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
53	53	SECTION 1. A new section of the Criminal Code, Section
54	54	30-3-9.3 NMSA 1978, is enacted to read:
55	55	"30-3-9.3. [NEW MATERIAL ] ASSAULT--BATTERY--CHILD WELFARE
56	56	WORKERS OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT.--
57	57	A. As used in this section:
58	58	(1) "child welfare worker" means an employee
59	59	of the children, youth and families department who conducts
60	60	direct services with children and families in the family
61	61	services division of the department, in the protective services
62	62	division of the department, in behavioral health services or in
63	63	.230233.2SA underscored material = new
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90	90	the juvenile justice division of the department; and
91	91	(2) "in the lawful discharge of the child
92	92	welfare worker's duties" means engaged in the performance of
93	93	the duties of a children, youth and families department child
94	94	welfare worker.
95	95	B. Assault upon a child welfare worker consists of:
96	96	(1) an attempt to commit a battery upon the
97	97	person of a child welfare worker who is in the lawful discharge
98	98	of the child welfare worker's duties; or
99	99	(2) any unlawful act, threat or menacing
100	100	conduct that causes a child welfare worker who is in the lawful
101	101	discharge of the child welfare worker's duties to reasonably
102	102	believe that the child welfare worker is in danger of receiving
103	103	an immediate battery.
104	104	Whoever commits assault upon a child welfare worker is
105	105	guilty of a misdemeanor.
106	106	C. Aggravated assault upon a child welfare worker
107	107	consists of:
108	108	(1) unlawfully assaulting or striking at a
109	109	child welfare worker with a deadly weapon while the child
110	110	welfare worker is in the lawful discharge of the child welfare
111	111	worker's duties; or
112	112	(2) willfully and intentionally assaulting a
113	113	child welfare worker who is in the lawful discharge of the
114	114	child welfare worker's duties with intent to commit any felony.
115	115	.230233.2SA
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143	143	Whoever commits aggravated assault upon a child welfare
144	144	worker is guilty of a third degree felony.
145	145	D. Assault with intent to commit a violent
146	146	felony upon a child welfare worker consists of assaulting a
147	147	child welfare worker who is in the lawful discharge of the
148	148	child welfare worker's duties with intent to kill the child
149	149	welfare worker. Whoever commits assault with intent to commit
150	150	a violent felony upon a child welfare worker is guilty of a
151	151	second degree felony.
152	152	E. Battery upon a child welfare worker is the
153	153	unlawful, intentional touching or application of force to the
154	154	person of a child welfare worker who is in the lawful discharge
155	155	of the child welfare worker's duties, when done in a rude,
156	156	insolent or angry manner. Whoever commits battery upon a child
157	157	welfare worker is guilty of a fourth degree felony.
158	158	F. Aggravated battery upon a child welfare worker
159	159	consists of the unlawful touching or application of force to
160	160	the person of a child welfare worker with intent to injure that
161	161	child welfare worker while the child welfare worker is in the
162	162	lawful discharge of the child welfare worker's duties. Whoever
163	163	commits aggravated battery upon a child welfare worker by:
164	164	(1) inflicting an injury to the child welfare
165	165	worker that is not likely to cause death or great bodily harm
166	166	but does cause painful temporary disfigurement or temporary
167	167	loss or impairment of the functions of any member or organ of
168	168	.230233.2SA
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196	196	the body, is guilty of a fourth degree felony; and
197	197	(2) inflicting great bodily harm or does so
198	198	with a deadly weapon or in any manner whereby great bodily harm
199	199	or death can be inflicted, is guilty of a third degree felony.
200	200	G. A person who assists or is assisted by one or
201	201	more other persons to commit a battery upon a child welfare
202	202	worker who is in the lawful discharge of the child welfare
203	203	worker's duties is guilty of a fourth degree felony."
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