NM
New Mexico Senate Bill SB373

New Mexico 2025 Regular Session

New Mexico Senate Bill SB373 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 underscored material = new
22 [bracketed material] = delete
33 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727 25
2828 SENATE BILL 373
2929 57
3030 TH LEGISLATURE
3131 -
3232
3333 STATE
3434
3535 OF
3636
3737 NEW
3838
3939 MEXICO
4040
4141 -
4242 FIRST SESSION
4343 ,
4444
4545 2025
4646 INTRODUCED BY
4747 Antoinette Sedillo Lopez
4848 AN ACT
4949 RELATING TO MILITARY AFFAIRS; AMENDING THE ABUSE AND NEGLECT
5050 ACT AND THE FAMILY VIOLENCE PROTECTION ACT TO REQUIRE NOTICE TO
5151 A DESIGNATED AUTHORITY OF THE MILITARY INSTALLATION IF A PERSON
5252 INVOLVED IN AN ALLEGATION OF CHILD ABUSE AND NEGLECT OR
5353 DOMESTIC ABUSE IS A MEMBER OF THE UNITED STATES MILITARY AND TO
5454 SEEK MEMORANDA OF UNDERSTANDING WITH UNITED STATES MILITARY
5555 INSTALLATIONS IN NEW MEXICO TO FACILITATE THIS NOTICE
5656 REQUIREMENT; REQUIRING THAT THE COURT ALLOW REMOTE APPEARANCES
5757 IN A HEARING FOR A DOMESTIC VIOLENCE ORDER OF PROTECTION;
5858 REQUIRING THAT A COPY OF A DOMESTIC VIOLENCE ORDER OF
5959 PROTECTION BE SENT TO A DESIGNATED AUTHORITY OF THE MILITARY
6060 INSTALLATION IF A PARTY TO THE ORDER IS A MEMBER OF THE UNITED
6161 STATES MILITARY; MAKING CONFORMING AMENDMENTS.
6262 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6363 .230035.2 underscored material = new
6464 [bracketed material] = delete
6565 1
6666 2
6767 3
6868 4
6969 5
7070 6
7171 7
7272 8
7373 9
7474 10
7575 11
7676 12
7777 13
7878 14
7979 15
8080 16
8181 17
8282 18
8383 19
8484 20
8585 21
8686 22
8787 23
8888 24
8989 25
9090 SECTION 1. Section 32A-4-3 NMSA 1978 (being Laws 1993,
9191 Chapter 77, Section 97, as amended) is amended to read:
9292 "32A-4-3. DUTY TO REPORT CHILD ABUSE AND CHILD NEGLECT--
9393 RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR NEGLECT--PENALTY--
9494 NOTIFICATION OF PLAN OF CARE.--
9595 A. Every person, including a licensed physician; a
9696 resident or an intern examining, attending or treating a child;
9797 a law enforcement officer; a judge presiding during a
9898 proceeding; a registered nurse; a visiting nurse; a school
9999 employee; a social worker acting in an official capacity; or a
100100 member of the clergy who has information that is not privileged
101101 as a matter of law, who knows or has a reasonable suspicion
102102 that a child is an abused or a neglected child shall report the
103103 matter immediately to:
104104 (1) a local law enforcement agency;
105105 (2) the department; or
106106 (3) a tribal law enforcement or social
107107 services agency for any Indian child residing in Indian
108108 country.
109109 B. A law enforcement agency receiving the report
110110 shall immediately transmit the facts of the report and the
111111 name, address and phone number of the reporter by telephone to
112112 the department and shall transmit the same information in
113113 writing within forty-eight hours. The department shall
114114 immediately transmit the facts of the report and the name,
115115 .230035.2
116116 - 2 - underscored material = new
117117 [bracketed material] = delete
118118 1
119119 2
120120 3
121121 4
122122 5
123123 6
124124 7
125125 8
126126 9
127127 10
128128 11
129129 12
130130 13
131131 14
132132 15
133133 16
134134 17
135135 18
136136 19
137137 20
138138 21
139139 22
140140 23
141141 24
142142 25
143143 address and phone number of the reporter by telephone to a
144144 local law enforcement agency and shall transmit the same
145145 information in writing within forty-eight hours. The written
146146 report shall contain the names and addresses of the child and
147147 the child's parents, guardian or custodian, the child's age,
148148 the nature and extent of the child's injuries, including any
149149 evidence of previous injuries, and other information that the
150150 maker of the report believes might be helpful in establishing
151151 the cause of the injuries and the identity of the person
152152 responsible for the injuries. The written report shall be
153153 submitted upon a standardized form agreed to by the law
154154 enforcement agency and the department.
155155 C. The recipient of a report under Subsection A of
156156 this section shall take immediate steps to ensure prompt
157157 investigation of the report. The investigation shall ensure
158158 that immediate steps are taken to protect the health or welfare
159159 of the alleged abused or neglected child, as well as that of
160160 any other child under the same care who may be in danger of
161161 abuse or neglect. A local law enforcement officer trained in
162162 the investigation of child abuse and neglect is responsible for
163163 investigating reports of alleged child abuse or neglect at
164164 schools, daycare facilities or child care facilities.
165165 D. If the child alleged to be abused or neglected
166166 is in the care or control of or in a facility administratively
167167 connected to the department, the report shall be investigated
168168 .230035.2
169169 - 3 - underscored material = new
170170 [bracketed material] = delete
171171 1
172172 2
173173 3
174174 4
175175 5
176176 6
177177 7
178178 8
179179 9
180180 10
181181 11
182182 12
183183 13
184184 14
185185 15
186186 16
187187 17
188188 18
189189 19
190190 20
191191 21
192192 22
193193 23
194194 24
195195 25
196196 by a local law enforcement officer trained in the investigation
197197 of child abuse and neglect. The investigation shall ensure
198198 that immediate steps are taken to protect the health or welfare
199199 of the alleged abused or neglected child, as well as that of
200200 any other child under the same care who may be in danger of
201201 abuse or neglect.
202202 E. A law enforcement agency or the department shall
203203 have access to any of the records pertaining to a child abuse
204204 or neglect case maintained by any of the persons enumerated in
205205 Subsection A of this section, except as otherwise provided in
206206 the Abuse and Neglect Act.
207207 F. A person who violates the provisions of
208208 Subsection A of this section is guilty of a misdemeanor and
209209 shall be sentenced pursuant to the provisions of Section
210210 31-19-1 NMSA 1978.
211211 G. A finding that a pregnant woman is using or
212212 abusing drugs made pursuant to an interview, self-report,
213213 clinical observation or routine toxicology screen shall not
214214 alone form a sufficient basis to report child abuse or neglect
215215 to the department pursuant to Subsection A of this section. A
216216 volunteer, contractor or staff of a hospital or freestanding
217217 birthing center shall not make a report based solely on that
218218 finding and shall make a notification pursuant to Subsection H
219219 of this section. Nothing in this subsection shall be construed
220220 to prevent a person from reporting to the department a
221221 .230035.2
222222 - 4 - underscored material = new
223223 [bracketed material] = delete
224224 1
225225 2
226226 3
227227 4
228228 5
229229 6
230230 7
231231 8
232232 9
233233 10
234234 11
235235 12
236236 13
237237 14
238238 15
239239 16
240240 17
241241 18
242242 19
243243 20
244244 21
245245 22
246246 23
247247 24
248248 25
249249 reasonable suspicion that a child is an abused or neglected
250250 child based on other criteria as defined by Section 32A-4-2
251251 NMSA 1978, or a combination of criteria that includes a finding
252252 pursuant to this subsection.
253253 H. A volunteer, contractor or staff of a hospital
254254 or freestanding birthing center shall:
255255 (1) complete a written plan of care for a
256256 substance-exposed newborn as provided for by department rule
257257 and the Children's Code; and
258258 (2) provide notification to the department.
259259 Notification by a health care provider pursuant to this
260260 paragraph shall not be construed as a report of child abuse or
261261 neglect.
262262 I. When investigating a report of abuse and
263263 neglect, if a local law enforcement agency or the department
264264 determines that a member of the United States military is
265265 involved in the underlying allegation, the agency or the
266266 department shall notify a designated authority for the military
267267 installation to which the person is assigned. Local law
268268 enforcement agencies and the department shall seek memoranda of
269269 understanding with a designated authority for each military
270270 installation in the state to facilitate the requirements of
271271 this section.
272272 [I.] J. As used in this section, "notification"
273273 means informing the department that a substance-exposed newborn
274274 .230035.2
275275 - 5 - underscored material = new
276276 [bracketed material] = delete
277277 1
278278 2
279279 3
280280 4
281281 5
282282 6
283283 7
284284 8
285285 9
286286 10
287287 11
288288 12
289289 13
290290 14
291291 15
292292 16
293293 17
294294 18
295295 19
296296 20
297297 21
298298 22
299299 23
300300 24
301301 25
302302 was born and providing a copy of the plan of care that was
303303 created for the child; provided that notification shall comply
304304 with federal guidelines and shall not constitute a report of
305305 child abuse or neglect.
306306 [J.] K. As used in this section, "school employee"
307307 includes employees of a school district or a public school."
308308 SECTION 2. Section 40-13-3 NMSA 1978 (being Laws 1987,
309309 Chapter 286, Section 3, as amended) is amended to read:
310310 "40-13-3. PETITION FOR ORDER OF PROTECTION--CONTENTS--
311311 STANDARD FORMS--HEARINGS .--
312312 A. A victim of domestic abuse may petition the
313313 court under the Family Violence Protection Act for an order of
314314 protection.
315315 B. The petition shall be made under oath or shall
316316 be accompanied by a sworn affidavit setting out specific facts
317317 showing the alleged domestic abuse.
318318 C. The petition shall state whether any other
319319 domestic action is pending between the petitioner and the
320320 respondent.
321321 D. If any other domestic action is pending between
322322 the petitioner and the respondent, the parties shall not be
323323 compelled to mediate any aspect of the case arising from the
324324 Family Violence Protection Act unless the court finds that
325325 appropriate safeguards exist to protect each of the parties and
326326 that both parties can fairly mediate with such safeguards.
327327 .230035.2
328328 - 6 - underscored material = new
329329 [bracketed material] = delete
330330 1
331331 2
332332 3
333333 4
334334 5
335335 6
336336 7
337337 8
338338 9
339339 10
340340 11
341341 12
342342 13
343343 14
344344 15
345345 16
346346 17
347347 18
348348 19
349349 20
350350 21
351351 22
352352 23
353353 24
354354 25
355355 E. An action brought under the Family Violence
356356 Protection Act is independent of any proceeding for annulment,
357357 separation or divorce between the parties.
358358 F. Remedies granted pursuant to the Family Violence
359359 Protection Act are in addition to and shall not limit other
360360 civil or criminal remedies available to the parties.
361361 G. Standard simplified petition forms with
362362 instructions for completion shall be available to all parties.
363363 Law enforcement agencies shall keep such forms and make them
364364 available upon request to alleged victims of domestic abuse.
365365 H. At a hearing on a petition for any order of
366366 protection provided for in the Family Violence Protection Act,
367367 the court shall authorize the remote appearance by digital or
368368 telephonic means for all parties if requested. "
369369 SECTION 3. Section 40-13-6 NMSA 1978 (being Laws 1987,
370370 Chapter 286, Section 6, as amended) is amended to read:
371371 "40-13-6. SERVICE OF ORDER--DURATION--PENALTY--REMEDIES
372372 NOT EXCLUSIVE.--
373373 A. An order of protection granted under the Family
374374 Violence Protection Act shall be filed with the clerk of the
375375 court, and a copy shall be sent by the clerk to the local law
376376 enforcement agency and, if a party is a member of the United
377377 States military, to a designated authority for the military
378378 installation to which the party is assigned . The order shall
379379 be personally served upon the restrained party, unless the
380380 .230035.2
381381 - 7 - underscored material = new
382382 [bracketed material] = delete
383383 1
384384 2
385385 3
386386 4
387387 5
388388 6
389389 7
390390 8
391391 9
392392 10
393393 11
394394 12
395395 13
396396 14
397397 15
398398 16
399399 17
400400 18
401401 19
402402 20
403403 21
404404 22
405405 23
406406 24
407407 25
408408 restrained party or the restrained party's attorney was present
409409 at the time the order was issued. The order shall be filed and
410410 served without cost to the protected party.
411411 B. A local law enforcement agency receiving an
412412 order of protection from the clerk of the court that was issued
413413 under the Family Violence Protection Act shall have the order
414414 entered in the national crime information center's order of
415415 protection file within seventy-two hours of receipt. This does
416416 not include temporary orders of protection entered pursuant to
417417 the provisions of Section 40-13-4 NMSA 1978.
418418 C. An order of protection granted by the court
419419 involving custody or support shall be effective for a fixed
420420 period of time not to exceed six months. The order may be
421421 extended for good cause upon motion of the protected party for
422422 an additional period of time not to exceed six months.
423423 Injunctive orders shall continue until modified or rescinded
424424 upon motion by either party or until the court approves a
425425 subsequent consent agreement entered into by the parties.
426426 D. A peace officer may arrest without a warrant and
427427 take into custody a restrained party [whom ] who the peace
428428 officer has probable cause to believe has violated an order of
429429 protection that is issued pursuant to the Family Violence
430430 Protection Act or entitled to full faith and credit.
431431 E. A restrained party convicted of violating an
432432 order of protection granted by a court under the Family
433433 .230035.2
434434 - 8 - underscored material = new
435435 [bracketed material] = delete
436436 1
437437 2
438438 3
439439 4
440440 5
441441 6
442442 7
443443 8
444444 9
445445 10
446446 11
447447 12
448448 13
449449 14
450450 15
451451 16
452452 17
453453 18
454454 19
455455 20
456456 21
457457 22
458458 23
459459 24
460460 25
461461 Violence Protection Act is guilty of a misdemeanor and shall be
462462 sentenced in accordance with Section 31-19-1 NMSA 1978. Upon a
463463 second or subsequent conviction, an offender shall be sentenced
464464 to a jail term of not less than seventy-two consecutive hours
465465 that shall not be suspended, deferred or taken under
466466 advisement.
467467 F. In addition to any other punishment provided in
468468 the Family Violence Protection Act, the court shall order a
469469 person convicted to make full restitution to the party injured
470470 by the violation of an order of protection and shall order the
471471 person convicted to participate in and complete a program of
472472 professional counseling, at the person's own expense, if
473473 possible.
474474 G. In addition to charging the person with
475475 violating an order of protection, a peace officer shall file
476476 all other possible criminal charges arising from an incident of
477477 domestic abuse when probable cause exists.
478478 H. The remedies provided in the Family Violence
479479 Protection Act are in addition to any other civil or criminal
480480 remedy available to the protected party or the state."
481481 SECTION 4. Section 40-13-7 NMSA 1978 (being Laws 1987,
482482 Chapter 286, Section 7, as amended) is amended to read:
483483 "40-13-7. LAW ENFORCEMENT OFFICERS--EMERGENCY
484484 ASSISTANCE--LIMITED LIABILITY--PROVIDING NOTIFICATION TO
485485 VICTIMS WHEN AN ALLEGED PERPETRATOR IS RELEASED FROM
486486 .230035.2
487487 - 9 - underscored material = new
488488 [bracketed material] = delete
489489 1
490490 2
491491 3
492492 4
493493 5
494494 6
495495 7
496496 8
497497 9
498498 10
499499 11
500500 12
501501 13
502502 14
503503 15
504504 16
505505 17
506506 18
507507 19
508508 20
509509 21
510510 22
511511 23
512512 24
513513 25
514514 DETENTION--STATEMENT IN JUDGMENT AND SENTENCE DOCUMENT.--
515515 A. A person who allegedly has been a victim of
516516 domestic abuse may request the assistance of a local law
517517 enforcement agency.
518518 B. A local law enforcement officer responding to
519519 the request for assistance shall be required to take whatever
520520 steps are reasonably necessary to protect the victim from
521521 further domestic abuse, including:
522522 (1) advising the victim of the remedies
523523 available under the Family Violence Protection Act; the right
524524 to file a written statement, a criminal complaint and a request
525525 for an arrest warrant; and the availability of domestic
526526 violence shelters, medical care, counseling and other services;
527527 (2) upon the request of the victim, providing
528528 or arranging for transportation of the victim to a medical
529529 facility or place of shelter;
530530 (3) upon the request of the victim,
531531 accompanying the victim to the victim's residence to obtain the
532532 victim's clothing and personal effects required for immediate
533533 needs and the clothing and personal effects of any children
534534 then in the care of the victim;
535535 (4) upon the request of the victim, assist in
536536 placing the victim in possession of the dwelling or premises or
537537 otherwise assist in execution, enforcement or service of an
538538 order of protection;
539539 .230035.2
540540 - 10 - underscored material = new
541541 [bracketed material] = delete
542542 1
543543 2
544544 3
545545 4
546546 5
547547 6
548548 7
549549 8
550550 9
551551 10
552552 11
553553 12
554554 13
555555 14
556556 15
557557 16
558558 17
559559 18
560560 19
561561 20
562562 21
563563 22
564564 23
565565 24
566566 25
567567 (5) arresting the alleged perpetrator when
568568 appropriate and including a written statement in the attendant
569569 police report to indicate that the arrest of the alleged
570570 perpetrator was, in whole or in part, premised upon probable
571571 cause to believe that the alleged perpetrator committed
572572 domestic abuse against the victim and, when appropriate,
573573 indicate that the party arrested was the predominant aggressor;
574574 and
575575 (6) advising the victim when appropriate of
576576 the procedure for initiating proceedings under the Family
577577 Violence Protection Act or criminal proceedings and of the
578578 importance of preserving evidence.
579579 C. The jail or detention center shall make a
580580 reasonable attempt to notify the arresting law enforcement
581581 agency or officer when the alleged perpetrator is released from
582582 custody. The arresting law enforcement agency shall make a
583583 reasonable attempt to notify the victim that the alleged
584584 perpetrator is released from custody.
585585 D. Any law enforcement officer responding to a
586586 request for assistance under the Family Violence Protection Act
587587 is immune from civil liability to the extent allowed by law.
588588 Any jail, detention center or law enforcement agency that makes
589589 a reasonable attempt to provide notification that an alleged
590590 perpetrator is released from custody is immune from civil
591591 liability to the extent allowed by law.
592592 .230035.2
593593 - 11 - underscored material = new
594594 [bracketed material] = delete
595595 1
596596 2
597597 3
598598 4
599599 5
600600 6
601601 7
602602 8
603603 9
604604 10
605605 11
606606 12
607607 13
608608 14
609609 15
610610 16
611611 17
612612 18
613613 19
614614 20
615615 21
616616 22
617617 23
618618 24
619619 25
620620 E. A statement shall be included in a judgment and
621621 sentence document to indicate when a conviction results from
622622 the commission of domestic abuse.
623623 F. If a law enforcement officer responding to a
624624 request for assistance determines that a member of the United
625625 States military is involved in the underlying allegation, the
626626 officer shall notify a designated authority for the military
627627 installation to which the person is assigned. Local law
628628 enforcement agencies shall seek memoranda of understanding with
629629 a designated authority for each military installation in the
630630 state to facilitate the requirements of this section. "
631631 - 12 -
632632 .230035.2