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SENATE BILL 373
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Antoinette Sedillo Lopez
AN ACT
RELATING TO MILITARY AFFAIRS; AMENDING THE ABUSE AND NEGLECT
ACT AND THE FAMILY VIOLENCE PROTECTION ACT TO REQUIRE NOTICE TO
A DESIGNATED AUTHORITY OF THE MILITARY INSTALLATION IF A PERSON
INVOLVED IN AN ALLEGATION OF CHILD ABUSE AND NEGLECT OR
DOMESTIC ABUSE IS A MEMBER OF THE UNITED STATES MILITARY AND TO
SEEK MEMORANDA OF UNDERSTANDING WITH UNITED STATES MILITARY
INSTALLATIONS IN NEW MEXICO TO FACILITATE THIS NOTICE
REQUIREMENT; REQUIRING THAT THE COURT ALLOW REMOTE APPEARANCES
IN A HEARING FOR A DOMESTIC VIOLENCE ORDER OF PROTECTION;
REQUIRING THAT A COPY OF A DOMESTIC VIOLENCE ORDER OF
PROTECTION BE SENT TO A DESIGNATED AUTHORITY OF THE MILITARY
INSTALLATION IF A PARTY TO THE ORDER IS A MEMBER OF THE UNITED
STATES MILITARY; MAKING CONFORMING AMENDMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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SECTION 1. Section 32A-4-3 NMSA 1978 (being Laws 1993,
Chapter 77, Section 97, as amended) is amended to read:
"32A-4-3. DUTY TO REPORT CHILD ABUSE AND CHILD NEGLECT--
RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR NEGLECT--PENALTY--
NOTIFICATION OF PLAN OF CARE.--
A. Every person, including a licensed physician; a
resident or an intern examining, attending or treating a child;
a law enforcement officer; a judge presiding during a
proceeding; a registered nurse; a visiting nurse; a school
employee; a social worker acting in an official capacity; or a
member of the clergy who has information that is not privileged
as a matter of law, who knows or has a reasonable suspicion
that a child is an abused or a neglected child shall report the
matter immediately to:
(1) a local law enforcement agency;
(2) the department; or
(3) a tribal law enforcement or social
services agency for any Indian child residing in Indian
country.
B. A law enforcement agency receiving the report
shall immediately transmit the facts of the report and the
name, address and phone number of the reporter by telephone to
the department and shall transmit the same information in
writing within forty-eight hours. The department shall
immediately transmit the facts of the report and the name,
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address and phone number of the reporter by telephone to a
local law enforcement agency and shall transmit the same
information in writing within forty-eight hours. The written
report shall contain the names and addresses of the child and
the child's parents, guardian or custodian, the child's age,
the nature and extent of the child's injuries, including any
evidence of previous injuries, and other information that the
maker of the report believes might be helpful in establishing
the cause of the injuries and the identity of the person
responsible for the injuries. The written report shall be
submitted upon a standardized form agreed to by the law
enforcement agency and the department.
C. The recipient of a report under Subsection A of
this section shall take immediate steps to ensure prompt
investigation of the report. The investigation shall ensure
that immediate steps are taken to protect the health or welfare
of the alleged abused or neglected child, as well as that of
any other child under the same care who may be in danger of
abuse or neglect. A local law enforcement officer trained in
the investigation of child abuse and neglect is responsible for
investigating reports of alleged child abuse or neglect at
schools, daycare facilities or child care facilities.
D. If the child alleged to be abused or neglected
is in the care or control of or in a facility administratively
connected to the department, the report shall be investigated
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by a local law enforcement officer trained in the investigation
of child abuse and neglect. The investigation shall ensure
that immediate steps are taken to protect the health or welfare
of the alleged abused or neglected child, as well as that of
any other child under the same care who may be in danger of
abuse or neglect.
E. A law enforcement agency or the department shall
have access to any of the records pertaining to a child abuse
or neglect case maintained by any of the persons enumerated in
Subsection A of this section, except as otherwise provided in
the Abuse and Neglect Act.
F. A person who violates the provisions of
Subsection A of this section is guilty of a misdemeanor and
shall be sentenced pursuant to the provisions of Section
31-19-1 NMSA 1978.
G. A finding that a pregnant woman is using or
abusing drugs made pursuant to an interview, self-report,
clinical observation or routine toxicology screen shall not
alone form a sufficient basis to report child abuse or neglect
to the department pursuant to Subsection A of this section. A
volunteer, contractor or staff of a hospital or freestanding
birthing center shall not make a report based solely on that
finding and shall make a notification pursuant to Subsection H
of this section. Nothing in this subsection shall be construed
to prevent a person from reporting to the department a
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reasonable suspicion that a child is an abused or neglected
child based on other criteria as defined by Section 32A-4-2
NMSA 1978, or a combination of criteria that includes a finding
pursuant to this subsection.
H. A volunteer, contractor or staff of a hospital
or freestanding birthing center shall:
(1) complete a written plan of care for a
substance-exposed newborn as provided for by department rule
and the Children's Code; and
(2) provide notification to the department.
Notification by a health care provider pursuant to this
paragraph shall not be construed as a report of child abuse or
neglect.
I. When investigating a report of abuse and
neglect, if a local law enforcement agency or the department
determines that a member of the United States military is
involved in the underlying allegation, the agency or the
department shall notify a designated authority for the military
installation to which the person is assigned. Local law
enforcement agencies and the department shall seek memoranda of
understanding with a designated authority for each military
installation in the state to facilitate the requirements of
this section.
[I.] J. As used in this section, "notification"
means informing the department that a substance-exposed newborn
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was born and providing a copy of the plan of care that was
created for the child; provided that notification shall comply
with federal guidelines and shall not constitute a report of
child abuse or neglect.
[J.] K. As used in this section, "school employee"
includes employees of a school district or a public school."
SECTION 2. Section 40-13-3 NMSA 1978 (being Laws 1987,
Chapter 286, Section 3, as amended) is amended to read:
"40-13-3. PETITION FOR ORDER OF PROTECTION--CONTENTS--
STANDARD FORMS--HEARINGS .--
A. A victim of domestic abuse may petition the
court under the Family Violence Protection Act for an order of
protection.
B. The petition shall be made under oath or shall
be accompanied by a sworn affidavit setting out specific facts
showing the alleged domestic abuse.
C. The petition shall state whether any other
domestic action is pending between the petitioner and the
respondent.
D. If any other domestic action is pending between
the petitioner and the respondent, the parties shall not be
compelled to mediate any aspect of the case arising from the
Family Violence Protection Act unless the court finds that
appropriate safeguards exist to protect each of the parties and
that both parties can fairly mediate with such safeguards.
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E. An action brought under the Family Violence
Protection Act is independent of any proceeding for annulment,
separation or divorce between the parties.
F. Remedies granted pursuant to the Family Violence
Protection Act are in addition to and shall not limit other
civil or criminal remedies available to the parties.
G. Standard simplified petition forms with
instructions for completion shall be available to all parties.
Law enforcement agencies shall keep such forms and make them
available upon request to alleged victims of domestic abuse.
H. At a hearing on a petition for any order of
protection provided for in the Family Violence Protection Act,
the court shall authorize the remote appearance by digital or
telephonic means for all parties if requested. "
SECTION 3. Section 40-13-6 NMSA 1978 (being Laws 1987,
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 and, if a party is a member of the United
States military, to a designated authority for the military
installation to which the party is assigned . The order shall
be personally served upon the restrained party, unless the
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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
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
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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.
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.
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."
SECTION 4. Section 40-13-7 NMSA 1978 (being Laws 1987,
Chapter 286, Section 7, as amended) is amended to read:
"40-13-7. LAW ENFORCEMENT OFFICERS--EMERGENCY
ASSISTANCE--LIMITED LIABILITY--PROVIDING NOTIFICATION TO
VICTIMS WHEN AN ALLEGED PERPETRATOR IS RELEASED FROM
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DETENTION--STATEMENT IN JUDGMENT AND SENTENCE DOCUMENT.--
A. A person who allegedly has been a victim of
domestic abuse may request the assistance of a local law
enforcement agency.
B. A local law enforcement officer responding to
the request for assistance shall be required to take whatever
steps are reasonably necessary to protect the victim from
further domestic abuse, including:
(1) advising the victim of the remedies
available under the Family Violence Protection Act; the right
to file a written statement, a criminal complaint and a request
for an arrest warrant; and the availability of domestic
violence shelters, medical care, counseling and other services;
(2) upon the request of the victim, providing
or arranging for transportation of the victim to a medical
facility or place of shelter;
(3) upon the request of the victim,
accompanying the victim to the victim's residence to obtain the
victim's clothing and personal effects required for immediate
needs and the clothing and personal effects of any children
then in the care of the victim;
(4) upon the request of the victim, assist in
placing the victim in possession of the dwelling or premises or
otherwise assist in execution, enforcement or service of an
order of protection;
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(5) arresting the alleged perpetrator when
appropriate and including a written statement in the attendant
police report to indicate that the arrest of the alleged
perpetrator was, in whole or in part, premised upon probable
cause to believe that the alleged perpetrator committed
domestic abuse against the victim and, when appropriate,
indicate that the party arrested was the predominant aggressor;
and
(6) advising the victim when appropriate of
the procedure for initiating proceedings under the Family
Violence Protection Act or criminal proceedings and of the
importance of preserving evidence.
C. The jail or detention center shall make a
reasonable attempt to notify the arresting law enforcement
agency or officer when the alleged perpetrator is released from
custody. The arresting law enforcement agency shall make a
reasonable attempt to notify the victim that the alleged
perpetrator is released from custody.
D. Any law enforcement officer responding to a
request for assistance under the Family Violence Protection Act
is immune from civil liability to the extent allowed by law.
Any jail, detention center or law enforcement agency that makes
a reasonable attempt to provide notification that an alleged
perpetrator is released from custody is immune from civil
liability to the extent allowed by law.
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E. A statement shall be included in a judgment and
sentence document to indicate when a conviction results from
the commission of domestic abuse.
F. If a law enforcement officer responding to a
request for assistance determines that a member of the United
States military is involved in the underlying allegation, the
officer shall notify a designated authority for the military
installation to which the person is assigned. Local law
enforcement agencies shall seek memoranda of understanding with
a designated authority for each military installation in the
state to facilitate the requirements of this section. "
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