underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SENATE BILL 334
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO CRIME; CREATING THE CRIMES OF ASSAULT AND BATTERY
UPON A CHILD WELFARE WORKER OF THE CHILDREN, YOUTH AND FAMILIES
DEPARTMENT; ESTABLISHING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Criminal Code, Section
30-3-9.3 NMSA 1978, is enacted to read:
"30-3-9.3. [NEW MATERIAL ] ASSAULT--BATTERY--CHILD WELFARE
WORKERS OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT.--
A. As used in this section:
(1) "child welfare worker" means an employee
of the children, youth and families department who conducts
direct services with children and families in the family
services division of the department, in the protective services
division of the department, in behavioral health services or in
.230233.2SA underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the juvenile justice division of the department; and
(2) "in the lawful discharge of the child
welfare worker's duties" means engaged in the performance of
the duties of a children, youth and families department child
welfare worker.
B. Assault upon a child welfare worker consists of:
(1) an attempt to commit a battery upon the
person of a child welfare worker who is in the lawful discharge
of the child welfare worker's duties; or
(2) any unlawful act, threat or menacing
conduct that causes a child welfare worker who is in the lawful
discharge of the child welfare worker's duties to reasonably
believe that the child welfare worker is in danger of receiving
an immediate battery.
Whoever commits assault upon a child welfare worker is
guilty of a misdemeanor.
C. Aggravated assault upon a child welfare worker
consists of:
(1) unlawfully assaulting or striking at a
child welfare worker with a deadly weapon while the child
welfare worker is in the lawful discharge of the child welfare
worker's duties; or
(2) willfully and intentionally assaulting a
child welfare worker who is in the lawful discharge of the
child welfare worker's duties with intent to commit any felony.
.230233.2SA
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Whoever commits aggravated assault upon a child welfare
worker is guilty of a third degree felony.
D. Assault with intent to commit a violent
felony upon a child welfare worker consists of assaulting a
child welfare worker who is in the lawful discharge of the
child welfare worker's duties with intent to kill the child
welfare worker. Whoever commits assault with intent to commit
a violent felony upon a child welfare worker is guilty of a
second degree felony.
E. Battery upon a child welfare worker is the
unlawful, intentional touching or application of force to the
person of a child welfare worker who is in the lawful discharge
of the child welfare worker's duties, when done in a rude,
insolent or angry manner. Whoever commits battery upon a child
welfare worker is guilty of a fourth degree felony.
F. Aggravated battery upon a child welfare worker
consists of the unlawful touching or application of force to
the person of a child welfare worker with intent to injure that
child welfare worker while the child welfare worker is in the
lawful discharge of the child welfare worker's duties. Whoever
commits aggravated battery upon a child welfare worker by:
(1) inflicting an injury to the child welfare
worker that is not likely to cause death or great bodily harm
but does cause painful temporary disfigurement or temporary
loss or impairment of the functions of any member or organ of
.230233.2SA
- 3 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the body, is guilty of a fourth degree felony; and
(2) inflicting great bodily harm or does so
with a deadly weapon or in any manner whereby great bodily harm
or death can be inflicted, is guilty of a third degree felony.
G. A person who assists or is assisted by one or
more other persons to commit a battery upon a child welfare
worker who is in the lawful discharge of the child welfare
worker's duties is guilty of a fourth degree felony."
- 4 -
.230233.2SA