SB 18 — RENAME FAMILY VIOLENCE PROTECTION ACT

c e s k 23 (2) means an incident by a household member e a n b 24 against another household member consisting of or resulting in:

u [ (a) physical harm;

.224106.2 - 3 - (b) severe emotional distress;

h (i) harassment;

g o t hr (j) strangulation;

g e i k (k) suffocation;

or h r i s (l) harm or threatened harm to children h , t, as set forth in this paragraph;

and e u g e b l e e h (3) does not mean the use of force in self- n d d i = = o h defense or the defense of another;] el t] 17b ,d i a º e F.

"credible threat" means a statement, act or wr li n= r t e w d 18m a n o course of conduct that serves no legitimate purpose and is done =d = 19 a l with the intent and apparent ability to carry out the threat i a e r 20 and that would cause a person who is the target of the threat a t m m: 21 to fear for the person's safety or life or to fear bodily d r e 22 injury.

Theb threate needd nots beº directlyo expressedt ifn the= c.224106.2AIC eFebruary 2, 2023 (11:33am) s k 23m totalitye of- 4 - e a n e d r e l u [ A d with the conductintent and apparent ability to carry out the threat and that would cause thea person who is the etarget aof nthe bthreat 24to targetfear offor the threatperson's safety or life or to feelfear thatbodily fear.injury.

AThe "crediblethreat threat"need unot [be doesdirectly notexpressed requireif the usetotality orof threatenedthe useconduct would cause the person who is the target of athe firearm;threat to feel that fear.

.224106.2A -"credible 4threat" -does [E.]not G.require the use or threatened use of a firearm;

[E.] G.

h Cohabitation is not necessary to be deemed a household member g o t hr for purposes of this section;

g e i k [G.] I.

"law enforcement officer" means a public h r i s official or public officer vested by law with a duty to h , t, maintain public order or to make arrests for crime, whether e u g e b l e e h that duty extends to all crimes or is limited to specific n d d i = = o h crimes;

el t] 17b ,d i a º e [H.

"mutual order of protection" means an order of wr li n= r t e w d 18m a n o protection that includes provisions that protect both parties;] =d =m 19: a l J.

"minor"b meanse ad persons underº theo aget ofn i= .224106.2AIC February 2, 2023 (11:33am) s k m e - 5 - e a n e d r 20e eighteen;l u [ A d J.

"minor" means a tperson munder mthe 21age [I.]of K.eighteen;

"order[I.] ofK. protection" means an injunction d r e 22 or a restraining or other court order granted for the c e s k 23 protection of a victim of [domestic] abuse;

e"order of protection" means an injunction or a nrestraining bor 24other [J.]court L.order granted for the protection of a victim of [domestic ] abuse;

"protected[J. party" means a person protected u [ by an order of protection;

.224106.2] -L. 5 - [K.] M.

"protected party" means a person protected by an order of protection;

[K.

] M.

[L.][L. N.

] N.

and [M.][M. O.

] O.

PETITION FOR ORDER OF PROTECTION--CONTENTS-- h STANDARD FORMS.-- g o t hr A.

A victim of [domestic][domestic ] abuse may petition the g e i k court under the [Family Violence]Violence ] Protection Against Abuse and h r i s Violence Act for an order of protection.

h , t, B.

The petition shall be made under oath or shall e u g e b l e e h be accompanied by a sworn affidavit setting out specific facts n d d i = = o h showing the alleged [domestic][domestic ] abuse.

el t] 17b ,d i a º e C.

The petition shall state whether any [other][other w] lr ni = r t e w d 18m a n o domestic action is pending between the petitioner and the =d =m 19: a l respondent.

ib e d s º o t n = .224106.2AIC February 2, 2023 (11:33am) s k m e - 6 - e a n e d r 20e D.l u [ A d respondent.

[IfD. any other domestic action is pending between a t m m 21 the petitioner and the respondent] The parties shall not be d r e 22 compelled to mediate any aspect of the case arising from the c e s k 23 [Family Violence] Protection Against Abuse and Violence Act e a n b 24 unless the court finds that appropriate safeguards exist to u [ protect each of the parties and that both parties can fairly .224106.2 - 6 - mediate with such safeguards.

[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 Against Abuse and Violence 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.

An action brought under the [Family Violence]Violence ] Protection Against Abuse and Violence Act is independent of any proceeding for annulment, separation or divorce between the parties, any other civil or criminal case that involves the parties and any other judicial action in any other court.

Remedies granted pursuant to the [Family Violence] Protection Against Abuse and Violence Act are in addition to and shall not limit other civil or criminal h remedies available to the parties.

g o t hr G.

Standard simplified petition forms with g e i k instructions for completion shall be available to all parties.

h r i s Law enforcement agencies shall keep such forms and make them h , t, available upon request to alleged victims of [domestic][domestic ] abuse.

e u g e b l e e h H.

The petitioner shall advise the court if the n d d i = = o h petitioner or respondent speaks a language other than English el t] 17b ,d i a º e and, upon that advisement, the clerk of the court shall access wr li n= r t e w d 18m a n o language translation for documents from the administrative =d =m 19: a l office of the courts.

ib e d s º o t n = .224106.2AIC February 2, 2023 (11:33am) s k m e - 7 - e a n e d r 20e I.l u [ A d office of the courts.

AnI. order of protection may be issued to protect a t m m 21 or restrain a minor.

dAn rorder eof 22protection J.may be issued to protect or restrain a minor.

AJ. minor who is thirteen years of age or older c e s k 23 and a victim of abuse may petition the court for an order of e a n b 24 protection on the minor's own behalf if the minor files a u [ petition:

.224106.2A -minor 7who -is (1)thirteen foryears protectionof againstage theor minor'solder co-and parenta orvictim aof personabuse withmay whompetition the minorcourt hasfor hadan aorder continuingof personalprotection relationship;on the minor's own behalf if the minor files a petition:

(1) for protection against the minor's co- parent or a person with whom the minor has had a continuing personal relationship;

FORBEARANCE OF COSTS [ASSOCIATED WITH DOMESTIC ABUSE OFFENSES].-- h A.

An alleged victim of [domestic][domestic ] abuse shall not g o t hr be required to bear the cost of:

g e i k (1) the prosecution of a misdemeanor or felony h r i s offense arising out of an incident of [domestic][domestic ] abuse, h , t, including costs associated with filing a criminal charge e u g e b l e e h against the alleged perpetrator of the abuse;

n d d i = = o h (2) the filing, issuance or service of a el t] 17b ,d i a º e warrant;

wr li n= r t e w d 18m a n o (3) the filing, issuance or service of a =d =m 19: a l witness subpoena;

ib a e rd 20s (4)º theo filing,t issuancen or= service.224106.2AIC ofFebruary a2, a2023 t(11:33am) ms k m 21e petition- for8 an- ordere ofa protection;n e d r e l u [ A d witness subpoena;

d(4) r e 22 (5) the filing, issuance or service of ana cpetition efor san k 23 order of protection;

or(5) ethe afiling, nissuance b 24 (6) obtaining law enforcement reports or uservice [ photographs or copies of photographsan relatingorder to the alleged .224106.2 - 8 - abuse or pattern of abuse.protection;

or (6) obtaining law enforcement reports or photographs or copies of photographs relating to the alleged abuse or pattern of abuse.

[EX PARTE]PARTE ] EMERGENCY ORDERS OF PROTECTION.-- A.

[The district court may issue an ex parte written emergency order of protection when a law enforcement officer states to the court in person, by telephone or via h facsimile and files a sworn written statement, setting forth g o t hr the need for an emergency order of protection, and the court g e i k finds reasonable grounds to believe that the alleged victim or h r i s the alleged victim's child is in immediate danger of domestic h , t, abuse following an incident of domestic abuse.

The written e u g e b l e e h statement shall include the location and telephone number of n d d i = = o h the alleged perpetrator, if known.] A law enforcement officer el t] 17b ,d i a º e may request an emergency order of protection by written wr li n= r t e w d 18m a n o petition to the court in person or by telephone, facsimile or =d =m 19: a l other electronic means.

Theb lawe enforcementd officers shallº io at en r= 20.224106.2AIC informFebruary the2, victim2023 that(11:33am) ans officerk maym petitione the- court9 for- ane a tn me md 21r emergencye orderl ofu protection[ onA thed victim'sother behalf.electronic means.

The dlaw renforcement eofficer 22 petition shall setinform forth the needvictim forthat thean emergencyofficer ordermay ofpetition c e s k 23 protection and, if known, include the locationcourt andfor telephonean eemergency aorder nof bprotection 24on number of the allegedvictim's perpetrator.behalf.

AThe criminalpetition complaintshall doesset uforth [the notneed havefor tothe beemergency filed in order forof aprotection lawand, enforcementif officerknown, toinclude .224106.2the -location 9and -telephone requestnumber anof emergencythe orderalleged ofperpetrator. protection.

A criminal complaint does not have to be filed in order for a law enforcement officer to request an emergency order of protection.

A law enforcement officer who receives an emergency order of protection, whether in writing, by telephone, [or][or ] by facsimile transmission or by other electronic means from the court shall:

h (1) if necessary, pursuant to the judge's oral g o t hr approval, write and sign the order on an approved form;

g e i k (2) if possible, immediately serve a signed h r i s copy of the order on the restrained party and complete the h , t, appropriate affidavit of service;

e u g e b l e e h (3) immediately provide the protected party n d d i = = o h with a physical and electronic signed copy of the order;

and el t] 17b ,d i a º e (4) provide the original order to the court by wr li n= r t e w d 18m a n o the close of business on the next [judicial][judicial ] day the court is =d =m 19: a l open.

ib e d s º o t n = .224106.2AIC February 2, 2023 (11:33am) s k m e - 10 - e a n e d r 20e C.l u [ A d open.

TheC. court may grant the following relief in an a t m m 21 emergency order of protection upon a probable cause finding d r e 22 that [domestic] abuse has occurred:

cThe ecourt smay kgrant 23 (1) enjoin the restrainedfollowing partyrelief fromin ean aemergency norder bof 24protection threateningupon toa commitprobable orcause committingfinding actsthat of[domestic [domestic]] abuse uhas [occurred: against the protected party or any designated household .224106.2 - 10 - members;

(1) enjoin the restrained party from threatening to commit or committing acts of [domestic ] abuse against the protected party or any designated household members;

A district judge shall be available [as h determined by] at all times in each judicial district to hear g o t hr petitions for emergency orders of protection.

g e i k E.

An emergency order of protection expires h r i s seventy-two hours after issuance or at the end of the next h , t, [judicial] day the court is open, whichever time is latest.

e u g e b l e e h The expiration date shall be clearly stated on the emergency n d d i = = o h order of protection.

el t] 17b ,d i a º e F.

A person may appeal the issuance of an emergency wr li n= r t e w d 18m a n o order of protection to the court that issued the order.

An =d =m 19: a l appeal may be heard as soon as the judicial day following the i a e r 20 issuance of the order.

ab e d s º o t mn = .224106.2AIC February 2, 2023 (11:33am) s k m 21e G.- 11 - e a n e d r e l u [ A d appeal may be heard as soon as the judicial day following the issuance of the order.

UponG. a proper petition, a [district] court may d r e 22 issue a temporary order of protection that is based upon the c e s k 23 same incident of [domestic] abuse that was alleged in an e a n b 24 emergency order of protection.

uUpon [a H.proper petition, a [district ] court may issue a temporary order of protection that is based upon the same incident of [domestic ] abuse that was alleged in an emergency order of protection.

EmergencyH. orders of protection are enforceable .224106.2 - 11 - in the same manner as other orders of protection issued pursuant to the provisions of the [Family Violence] Protection Against Abuse and Violence Act." SECTION 6.

Emergency orders of protection are enforceable in the same manner as other orders of protection issued pursuant to the provisions of the [Family Violence ] Protection Against Abuse and Violence Act." SECTION 6.

h (1) [immediately grant]grant ] on the same day, issue g o t hr an ex parte temporary order of protection without bond if there g e i k is probable cause from the specific facts shown by the h r i s affidavit or by the petition to give the judge reason to h , t, believe that an act of [domestic][domestic ] abuse has occurred or that e u g e b l e e h there is immediate danger of abuse;

n d d i = = o h (2) cause the temporary order of protection el t] 17b ,d i a º e together with notice of hearing to be served immediately on the wr li n= r t e w d 18m a n o alleged perpetrator of the [domestic][domestic ] abuse;

and =d = 19 a l (3) within ten days after the granting of the i a e r 20 temporary order of protection, hold a hearing on the question a t m m: 21 of continuing the order.

[orb e d rs eº 22o (4)t ifn an= ex.224106.2AIC parteFebruary order2, is2023 not(11:33am) granted,s servek cm e s- k12 23- noticee toa appearn upone thed partiesr ande holdl au hearing[ onA thed e(3) awithin nten bdays 24after petitionthe forgranting order of protectionthe withintemporary seventy-twoorder hoursof afterprotection, uhold [a hearing on the filingquestion of continuing the petition;order.

provided[or (4) if noticean ofex hearingparte .224106.2order -is 12not -granted, cannotserve benotice servedto withinappear seventy-twoupon hours,the parties and hold a hearing on the temporarypetition for order of protection shallwithin beseventy-two automaticallyhours extendedafter forthe tenfiling days.]of B.the petition;

[Ifprovided theif courtnotice grantsof a]hearing Incannot thebe temporaryserved orderwithin ofseventy-two protection,hours, [itthe may award temporary custodyorder and visitation of anyprotection childrenshall involvedbe whenautomatically appropriate]extended thefor courtten shall:days.] B.

[If the court grants a ] In the temporary order of protection, [it may award temporary custody and visitation of any children involved when appropriate] the court shall:

(2) enjoin the restrained party from any h contact or communication with the protected party;

and g o t hr (3) when appropriate, award temporary custody g e i k and visitation or supervised visitation with any child or h r i s children and give primary consideration to the safety of the h , t, protected party and child or children.

e u g e b l e e h C.

Except for petitions alleging stalking or sexual n d d i = = o h assault, if the court finds that the alleged perpetrator is not el t] 17b ,d i a º e a household member, the court shall dismiss the petition.

wr li n= r t e w d 18m a n o D.

If, upon review of a petition for an order of =d = 19 a l protection, the court does not have sufficient information to i a e r 20 find or does not find probable cause to believe that an act of a t m m: 21 abuse has occurred, the court shall hold a hearing within d r e 22 seventy-two hours to allow the petitioner to provide additional c e s k 23 information to the court.

Personalb servicee isd nots requiredº too t n = .224106.2AIC February 2, 2023 (11:33am) s k m e - 13 - e a n be 24d conductr e l u [ A d protection, the court does not have sufficient information to find or does not find probable cause to believe that an act of abuse has occurred, the court shall hold a seventy-two-hourhearing hearing.within seventy-two hours to allow the petitioner to provide additional information to the court.

AtPersonal theservice conclusionis ofnot therequired uto [conduct hearing, the court shall issue either a temporaryseventy-two-hour orderhearing. of .224106.2 - 13 - protection or an order dismissing the petition." SECTION 7.

At the conclusion of the hearing, the court shall issue either a temporary order of protection or an order dismissing the petition." SECTION 7.

ORDER OF PROTECTION--CONTENTS--REMEDIES--TITLE TO PROPERTY NOT AFFECTED [MUTUAL ORDER OF PROTECTION].--PROTECTION ].-- A.

Upon finding that [domestic][domestic ] abuse has occurred or that there is immediate danger of abuse or upon stipulation of the parties, the court shall enter an order of protection on the same day ordering the restrained party to:

h (1) refrain from abusing the protected party g o t hr or any other household member;

and g e i k (2) if the order is issued pursuant to this h r i s section and if the court also determines that the restrained h , t, party presents a credible threat to the physical safety of the e u g e b l e e h household member after the restrained party has received notice n d d i = = o h and had an opportunity to be heard or by stipulation of the el t] 17b ,d i a º e parties, to:

wr li n d 18 (a) deliver any firearm in the = =r 19t a l restrained party's possession, care, custody or control to a i a e rw 20d lawm enforcement agency, law enforcement officer or federal a tn mo m(a) 21deliver firearmsany licenseefirearm whilein the orderd ofm protection: is in effect;

b e d rs eº 22o andt cn e= .224106.2AIC February 2, 2023 (11:33am) s k 23m (b)e refrain- from14 purchasing,- receiving, e a n be 24d orr possessinge l u [ A d restrained party's possession, care, custody or attemptingcontrol to purchase,a receivelaw orenforcement possessagency, anylaw uenforcement [officer firearmor federal firearms licensee while the order of protection is in effect.effect;

.224106.2and -(b) 14refrain -from B.purchasing, receiving, or possessing or attempting to purchase, receive or possess any firearm while the order of protection is in effect.

B.

As a part of any order of protection, the court [may]:[may ]:

(1) may grant sole possession of the residence or household to the protected party during the period the order of protection is effective or order the restrained party to provide temporary suitable alternative housing for the h protected party and any children to whom the restrained party g o t hr owes a legal obligation of support;

g e i k (2) may award temporary custody of any h r i s children involved when appropriate and provide for visitation h , t, rights, child support and temporary support for the protected e u g e b l e e h party on a basis that gives primary consideration to the safety n d d i = = o h of the protected party and the children;

provided that any el t] 17b ,d i a º e child custody and visitation order issued with the order of wr li n= r t e w d 18m a n o protection may only be effective for a period of six months.

=d =m 19: a l Any custody or visitation order may be extended for good cause i a e r 20 shown for no longer than an additional six months;

ab te md ms 21º (3)o mayt issuen the= order.224106.2AIC ofFebruary protection2, between2023 d(11:33am) rs k m e 22- the15 parties- fore a periodn ofe timed independentr ofe anyl u [ A d Any custody or cvisitation eorder smay kbe 23extended propertyfor attachment;good cause shown for no longer than an additional six months;

e(3) amay nissue bthe 24order [(3)]of (4)protection maybetween order that the restrainedparties partyfor ua [period shallof nottime initiateindependent contactof withany thecustody protectedor party;property attachment;

.224106.2[(3)] -(4) 15 - [(4)] (5) may restrainorder athat party from transferring, concealing, encumbering or otherwise disposing of the otherrestrained party'sparty propertyshall ornot theinitiate jointcontact propertywith of the partiesprotected except in the usual course of business or for the necessities of life and require the parties to account to the court for all such transferences, encumbrances and expenditures made after the order is served or communicated to the restrained party;

(6)[(4)] (5) may grantrestrain to a party thefrom exclusivetransferring, orconcealing, sharedencumbering possessionor andotherwise controldisposing of anythe animalother kept,party's ownedproperty or leasedthe byjoint eitherproperty partyof orthe byparties except in the minorusual childcourse of business or minorfor childrenthe residingnecessities inof life and require the householdparties ofto eitheraccount party.to the court for all such transferences, encumbrances and expenditures made after the order is served or communicated to the restrained party;

The(6) court may ordergrant to a party tothe stayexclusive awayor fromshared thepossession and control of any animal andkept, mayowned forbidor ah partyleased fromby taking,either transferring,party concealing,or mistreating,by harmingthe minor child or disposingminor ofchildren g o t hr residing in the animal;household of either party.

[(5)]The (7)court may order theg restrainede partyi tok reimbursea the protected party or any other household member for e t 17 expenses reasonably related to thestay occurrenceaway offrom [domestic] w l n d 18 abuse, including medical expenses, counseling expenses, the =animal =and 19may forbid a lparty expenseh ofr seekingi temporarys shelter,from expensestaking, fortransferring, theconcealing, imistreating, aharming eor rh 20, replacementt, ordisposing repair of damaged property or the expenseanimal; of a t m m 21 lost wages;

de ru g e 22b [(6)]l (8)e e h [(5)] (7) may order the restrained party to cn ed sd ki 23= participate= in,o ath reimburse the restrainedprotected party'sparty expense,or professionalany eother ahousehold nmember for l ] b 24,d counselingi programsa deemedº appropriatee byexpenses reasonably related to the court,occurrence includingof u[domestic [] counselingr programsi for= perpetratorsr oft [domestic]e abuse,w .224106.2d -m 16a -n alcoholo abuseabuse, orincluding abusemedical ofexpenses, controlledcounseling substances;expenses, the d m :

[and]b [(7)]e (9)d mays orderº othero injunctivet reliefn as= the.224106.2AIC courtFebruary deems2, necessary2023 for(11:33am) thes protectionk ofm e - 16 - e a party,n includinge ordersd tor lawe enforcementl agenciesu as[ providedA byd thisexpense section;of seeking temporary shelter, expenses for the replacement or repair of damaged property or the expense of lost wages;

[(6)] (8) may order the restrained party to participate in, at the restrained party's expense, professional counseling programs deemed appropriate by the court, including counseling programs for perpetrators of [domestic ] abuse, alcohol abuse or abuse of controlled substances;

[and ] [(7)] (9) may order other injunctive relief as the court deems necessary for the protection of a party, including orders to law enforcement agencies as provided by this section;

h C.

The order of protection shall contain notice g o t hr that violation of any provision of the order of protection is a g e i k violation of state law and that federal law, 18 U.S.C.

922, et h r i s seq., prohibits possession of firearms by certain persons.

The h , t, order of protection shall contain notice that all restrained e u g e b l e e h parties are prohibited from owning or possessionSHPACºpossession»SHPAC n d d i = = o h SHPACºpossessing»SHPAC a firearm pursuant to state law while l ] b ,d i a º e the order of protection is in e t 17 effect.

Firearms prohibitions pursuantr toi state= lawr alsot applye w l n d 18m toa stipulatedn orderso andpursuant to ordersstate whenlaw thealso respondentapply hasto beenstipulated =orders = 19 a l served with notice of the hearing and hasto hadd them opportunity: i a e r 20 to participate.

ab e d s º o t mn = .224106.2AIC February 2, 2023 (11:33am) s k m 21e D.- 17 - e a n e d r e l u [ A d orders when the respondent has been served with notice of the hearing and has had the opportunity to participate.

IfD. the order of protection supersedes or alters d r e 22 prior orders of the court pertaining to [domestic] matters c e s k 23 between the parties, the order shall say so on its face.

If an e a n b 24 action relating to child custody or child support is pending or u [ has concluded with entry of an order at the time the petition .224106.2 - 17 - for an order of protection wassupersedes filed,or thealters courtprior mayorders enter an initial order of protection, but the portioncourt ofpertaining theto order[domestic dealing] withmatters childbetween custody or child support will then be transferred to the courtparties, that has or continues to have jurisdiction over the pendingorder orshall priorsay custodyso oron supportits action.face.

If an action relating to child custody or child support is pending or has concluded with entry of an order at the time the petition for an order of protection was filed, the court may enter an initial order of protection, but the portion of the order dealing with child custody or child support will then be transferred to the court that has or continues to have jurisdiction over the pending or prior custody or support action.

A mutual order of protection shall be issued only in cases where both parties have petitioned the court and the court makes detailed findings of fact indicating that both h parties acted primarily as aggressors and that neither party g o t hr acted primarily in self-defense.

g e i k F.] E.

No order issued under the [Family Violence] h r i s Protection Against Abuse and Violence Act shall affect title to h , t, any property or allow a party to transfer, conceal, encumber or e u g e b l e e h otherwise dispose of another party's property or the joint or n d d i = = o h community property of the parties.

el t] 17b ,d i a º e [G.] F.

Either party may request a review hearing wr li n= r t e w d 18m a n o to amend an order of protection.

An order of protection =d =m 19: a l involving child custody or support may be modified without i a e r 20 proof of a substantial or material change of circumstances.

ab e d s º o t mn = .224106.2AIC February 2, 2023 (11:33am) s k m 21e [H.]- G.18 - e a n e d r e l u [ A d involving child custody or support may be modified without proof of a substantial or material change of circumstances.

An[H.] orderG. of protection shall not be issued d r e 22 unless a petition or a counter petition has been filed.

cAn eorder sof kprotection 23shall H.not be issued unless a petition or a counter petition has been filed.

AnH. order of protection may be issued against a e a n b 24 party who has been served with a copy of a petition for an u [ order of protection and a notice to appear and has had an .224106.2 - 18 - opportunity to participate;

An order of protection may be issued against a party who has been served with a copy of a petition for an order of protection and a notice to appear and has had an opportunity to participate;

EXTENDED ORDER OF PROTECTION.-- h A.

In the sentencing proceeding for a person g o t hr convicted of criminal sexual penetration pursuant to Section g e i k 30-9-11 NMSA 1978, a prosecutor may request that the criminal h r i s court grant the victim an order of protection to remain in h , t, effect for the duration of the criminal court's jurisdiction e u g e b l e e h over the person.

n d d i = = o h B.

At any time after the expiration of a criminal el t] 17b ,d i a º e court's jurisdiction over a person against whom an order of wr li n= r t e w d 18m a n o protection was granted pursuant to a request pursuant to =d =m 19: a l Subsection A of this section, the victim may:

ib ae d s º o t n = .224106.2AIC February 2, 2023 (11:33am) s k m e r- 2019 (1)- filee a petitionn fore and orderr ofe protectionl au t[ mA md 21Subsection againstA of this section, the person;victim may:

and(1) dfile ra epetition 22for (2)an submitorder evidence of theprotection person'sagainst conviction c e s k 23 for criminal sexual penetration, including out-of-state, as e a n b 24 cause for the courtperson; to grant the order of protection.

uand [(2) C.submit evidence of the person's conviction for criminal sexual penetration, including out-of-state, as cause for the court to grant the order of protection.

BasedC. on evidence submitted pursuant to .224106.2 - 19 - Subsection B of this section, a court may take judicial notice of the facts that led to a person's conviction for criminal sexual penetration and a victim shall not be required to appear before the court on the victim's petition for an order of protection;

Based on evidence submitted pursuant to Subsection B of this section, a court may take judicial notice of the facts that led to a person's conviction for criminal sexual penetration and a victim shall not be required to appear before the court on the victim's petition for an order of protection;

h E.

Notwithstanding the provisions of Subsection C g o t hr of Section 40-13-6 NMSA 1978, an order of protection granted g e i k pursuant to this section shall continue until the expiration h r i s provided in the order, if any, or until modified or rescinded h , t, upon a motion by the [victim][victim ] protected party." e u g e b l e e h SECTION 9.

Section 40-13-6 NMSA 1978 (being Laws 1987, n d d i = = o h Chapter 286, Section 6, as amended) is amended to read:

el t] 17b ,d i a º e "40-13-6.

SERVICE OF ORDER--DURATION--PENALTY--REMEDIES wr li n= r t e w d 18m NOTa EXCLUSIVE.--n =o =NOT 19EXCLUSIVE.-- ad lm A.:

Anb order of protection granted under the [Family i a e rd 20s Violence]º Protectiono Againstt Abusen and= Violence.224106.2AIC ActFebruary shall2, be2023 a(11:33am) ts mk m 21e filed- with20 the- clerke of the court, and a copyn shalle be sent by d r e 22l theu clerk[ toA thed localA. law enforcement agency.

TheAn order shallof cprotection egranted sunder kthe 23[Family beViolence] [personallyProtection servedAgainst uponAbuse theand restrainedViolence party,Act unlessshall thebe efiled awith nthe bclerk 24of restrained party or the restrainedcourt, party'sand attorneya wascopy presentshall ube [sent atby the timeclerk the order was issued] provided to the partieslocal orlaw .224106.2enforcement -agency. 20 - the parties' attorneys.

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] provided to the parties or the parties' attorneys.

A local law enforcement agency receiving an order of protection from the clerk of the court that was issued under the [Family Violence]Violence ] Protection Against Abuse and Violence 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 h of protection entered pursuant to the provisions of Section g o t hr 40-13-4 NMSA 1978.

g e i k C.

An order of protection [granted by the court h r i s involving custody or support shall be effective for a fixed h , t, period of time not to exceed six months.

The order may be e u g e b l e e h extended for good cause upon motion of the protected party for n d d i = = o h an additional period of time not to exceed six months.

el t] 17b ,d i a º e Injunctive orders shall continue until modified or rescinded wr li n= r t e w d 18m a n o upon motion by either party or until the court approves a =d = 19 a l subsequent consent agreement entered into by the parties] i a e r 20 issued by the court may be in effect for a fixed period of time a t m m: 21 of any length;

providedb thate thed courts deemsº theo periodt ofn time= .224106.2AIC February 2, 2023 (11:33am) s k m e - 21 - e a n e d r e 22l appropriateu to[ protectA d subsequent consent agreement entered into by the safetyparties] ofissued by the protectedcourt party.may be in effect for a fixed period of time of any length;

Uponprovided cthat ethe scourt kdeems 23the motionperiod andof aftertime aappropriate hearing,to anprotect existingthe ordersafety of protectionthe eprotected aparty. n b 24 that may expire may be extended for good cause shown.

uUpon [motion D.and after a hearing, an existing order of protection that may expire may be extended for good cause shown.

AD. [peace] law enforcement officer may arrest .224106.2 - 21 - 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 Against Abuse and Violence Act or entitled to full faith and credit.

A [peace ] law enforcement 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 Against Abuse and Violence Act or entitled to full faith and credit.

A restrained party convicted of violating an order of protection granted by a court under the [Family Violence] Protection Against Abuse and Violence Act is guilty of a misdemeanor and shall be sentenced in accordance with h Section 31-19-1 NMSA 1978.

Upon a second or subsequent g o t hr conviction, an offender shall be sentenced to a jail term of g e i k not less than seventy-two consecutive hours that shall not be h r i s suspended, deferred or taken under advisement.

h , t, F.

In addition to any other punishment provided in e u g e b l e e h the [Family Violence]Violence ] Protection Against Abuse and Violence n d d i = = o h Act, the court shall order a person convicted to make full el t] 17b ,d i a º e restitution to the party injured by the violation of an order wr li n= r t e w d 18m a n o of protection and shall order the person convicted to =d = 19 a l participate in and complete a [program of professional i a e r 20 counseling] domestic violence offender treatment or a t m m: 21 intervention program or other relevant treatment or d r e 22 intervention program, at the person's own expense, if possible.

cb e d s º o t n = .224106.2AIC February 2, 2023 (11:33am) s k 23m G.e - 22 - e a n e d r e l u [ A d participate in and complete a [program of professional counseling] domestic violence offender treatment or intervention program or other relevant treatment or intervention program, at the person's own expense, if possible.

InG. addition to charging the person with e a n b 24 violating an order of protection, a [peace] law enforcement u [ officer shall file all other possible criminal charges arising .224106.2 - 22 - from an incident of [domestic] abuse when probable cause exists.

In addition to charging the person with violating an order of protection, a [peace ] law enforcement officer shall file all other possible criminal charges arising from an incident of [domestic ] abuse when probable cause exists.

The remedies provided in the [Family Violence]Violence ] Protection Against Abuse and Violence Act are in addition to any other civil or criminal remedy available to the protected party or the state." SECTION 10.

LAW ENFORCEMENT OFFICERS--EMERGENCY h ASSISTANCE--LIMITED LIABILITY--PROVIDING NOTIFICATION TO g o t hr VICTIMS WHEN AN ALLEGED PERPETRATOR IS RELEASED FROM g e i k DETENTION--STATEMENT IN JUDGMENT AND SENTENCE DOCUMENT.-- h r i s A.

A person who allegedly has been a victim of h , t, [domestic] abuse may request the assistance of a local law e u g e b l e e h enforcement agency.

n d d i = = o h B.

A local law enforcement officer responding to el t] 17b ,d i a º e the request for assistance shall be required to take whatever wr li n= r t e w d 18m a n o steps are reasonably necessary to protect the victim and other =d =m 19: a l household members from further [domestic] abuse, including:

ib a e rd 20s (1)º [advising]o informingt then victim= of.224106.2AIC theFebruary a2, t2023 m(11:33am) s k m 21e remedies- available23 under- thee [Familya Violence]n Protectione d r e 22l Againstu Abuse[ andA Violenced Act;household members from further [domestic] abuse, including:

the(1) right[advising to] fileinforming athe writtenvictim cof ethe sremedies kavailable 23under statement,the a[Family criminalViolence complaint] andProtection aAgainst requestAbuse forand anViolence arrestAct; e a n b 24 warrant;

and the availabilityright ofto [domestic]file violencea shelters,written ustatement, [a medicalcriminal care,complaint counseling and othera services;request for an arrest warrant;

.224106.2and - 23 - (2) upon the requestavailability of the[domestic victim,] providingviolence orshelters, arranging for transportation of the victim to a medical facilitycare, orcounseling placeand ofother shelter;services;

(2) upon the request of the victim, providing or arranging for transportation of the victim to a medical facility or place of shelter;

(4) upon the request of the victim, [assist][assist ] h assisting in placing the victim in possession of the dwelling g o t hr or premises or otherwise assist in execution, enforcement or g e i k service of an order of protection;

h r i s (5) arresting the alleged perpetrator [when h , t, appropriate] and including a written statement in the [attendant]e u g e b l e e h [attendant ] police report to indicate that the arrest of the n d d i = = o h alleged perpetrator was [in whole or in part, premised]premised ] based el t] 17b ,d i a º e upon probable cause to believe that the alleged perpetrator wr li n= r t e w d 18m a n o committed [domestic][domestic ] abuse against the victim.

[and, when =d = 19 a l appropriate] A law enforcement officer, in making arrests for i a e r 20 abuse, shall identify whether one of the parties acted in self- a t m m: 21 defense and indicate that the party arrested was the d r e 22 predominant aggressor;

[and]b c e d s kº 23o (6)t [advising]n informing= the.224106.2AIC victimFebruary [when2, e2023 a(11:33am) ns bk m e - 24 appropriate]- ofe thea proceduren fore initiatingd proceedingsr undere l u [ theA [Familyd Violence]appropriate] ProtectionA Againstlaw Abuseenforcement andofficer, Violencein Actmaking .224106.2arrests -for 24abuse, -shall oridentify criminalwhether proceedingsone and of the importanceparties ofacted preservingin evidence,self- includingdefense digitaland evidence;indicate that the party arrested was the predominant aggressor;

[and ] (6) [advising ] informing the victim [when appropriate] of the procedure for initiating proceedings under the [Family Violence ] Protection Against Abuse and Violence Act or criminal proceedings and of the importance of preserving evidence, including digital evidence;

The jail or detention center shall make [a][a ] reasonable [attempt][attempt ] efforts to notify the arresting law enforcement agency or officer and victim when the alleged h perpetrator of abuse, stalking or sexual assault or a g o t hr restrained party in violation of an order of protection escapes g e i k from custody, is released from custody or is transferred to h r i s another facility.

The arresting law enforcement agency shall h , t, make [a] reasonable [attempt] efforts to notify the victim that e u g e b l e e h the alleged perpetrator is released from custody.

n d d i = = o h D.

Any law enforcement officer responding to a el t] 17b ,d i a º e request for assistance under the [Family Violence]Violence ] Protection wr li n= r t e w d 18m a n o Against Abuse and Violence Act is immune from civil liability =d =m 19: a l to the extent allowed by law.

Anyb jail, detention center or i a e rd 20s lawº enforcemento agencyt thatn makes= a.224106.2AIC reasonableFebruary attempt2, to2023 a(11:33am) ts mk m 21e provide- notification25 that- ane allegeda perpetratorn ise released d r e 22l fromu custody[ isA immuned from civil liability to the extent c e s k 23 allowed by law.

eAny jail, detention center or law enforcement agency that makes a nreasonable battempt 24to E.provide notification that an alleged perpetrator is released from custody is immune from civil liability to the extent allowed by law.

AE. statement shall be included in a judgment and u [ sentence document to indicate when a conviction results from .224106.2 - 25 - the commission of [domestic] abuse." SECTION 11.

A statement shall be included in a judgment and sentence document to indicate when a conviction results from the commission of [domestic ] abuse." SECTION 11.

[MEDICAL][MEDICAL ] HEALTH CARE PERSONNEL-- DOCUMENTATION OF [DOMESTIC][DOMESTIC ] ABUSE.-- A.

(1) receive a report from the person of an act of [domestic][domestic ] abuse, the [medical] health care personnel shall h document the nature of the abuse and the name of the alleged g o t hr perpetrator, if disclosed,disclosed , of the abuse in the person's medical g e i k file and shall provide the person with information and referral h r i s to services for victims of [domestic][domestic ] abuse;

or h , t, (2) may have reason to believe or suspect that e u g e b l e e h the person is a victim of [domestic][domestic ] abuse, the [medical] n d d i = = o h health care personnel shall provide the person with information el t] 17b ,d i a º e and referral to services for victims of [domestic][domestic ] abuse.

wr li n= r t e w d 18m a n o B.

Medical and other health-care-related =d = 19 a l information or communications concerning [domestic] abuse of a i a e r 20 person obtained by or from [medical] health care personnel a t m m: 21 during the course of an interview, examination, diagnosis or d r e 22 treatment are confidential communications unless released:

cb e d s kº 23o (1)t withn the= prior.224106.2AIC writtenFebruary consent2, of2023 the(11:33am) s k m e - 26 - e a n be 24d person;r e l u [ A d information or communications concerning [domestic] abuse of a person obtained by or from [medical ] health care personnel during the course of an interview, examination, diagnosis or treatment are confidential communications unless released:

u(1) [with (2)the pursuantprior towritten aconsent courtof order;the person;

or(2) .224106.2pursuant - 26 - (3) when necessary to providea treatment,court paymentorder; and operations in accordance with the federal Health Insurance Portability and Accountability Act of 1996.

or (3) when necessary to provide treatment, payment and operations in accordance with the federal Health Insurance Portability and Accountability Act of 1996 .

As used in this section, "[medical]"[medical ] health care personnel" means:

h [(2) licensed emergency medical technicians;

g o t hr (3) health care practitioners who interview, g e i k examine, attend or treat a person and who are under the h r i s guidance or supervision of licensed health care practitioners;

h , t, and e u g e b l e e h (4) residents and interns] n d d i = = o h (2) health care practitioners in training, el t] 17b ,d i a º e including students, residents and interns;

and wr li n= r t e w d 18m a n o (3) licensed emergency medical technicians." =d =m 19: a l SECTION 12.

Sectionb 40-13-9e NMSAd 1978s (beingº Lawso 2005,t in = .224106.2AIC February 2, 2023 (11:33am) s k m e - 27 - e a n e d r 20e Chapterl 30,u Section[ 1)A isd amendedSECTION to12. read:

aSection t40-13-9 mNMSA m1978 21(being "40-13-9.Laws 2005, Chapter 30, Section 1) is amended to read:

DOMESTIC"40-13-9. VIOLENCE SPECIAL COMMISSIONERS-- d r e 22 APPOINTMENT--QUALIFICATIONS.-- c e s k 23 A.

ADOMESTIC domesticVIOLENCE violenceSPECIAL specialCOMMISSIONERS-- commissionerAPPOINTMENT--QUALIFICATIONS.-- shallA. e a n b 24 be appointed by and serve at the pleasure of the chief judge of u [ the judicial district to which the officer is assigned.

.224106.2A -domestic 27violence -special B.commissioner shall be appointed by and serve at the pleasure of the chief judge of the judicial district to which the officer is assigned.

B.

Violation of any such canon shall be h grounds for dismissal of any domestic violence special g o t hr commissioner." g e i k SECTION 13.

Section 40-13-10 NMSA 1978 (being Laws 2005, h r i s Chapter 30, Section 2) is amended to read:

h , t, "40-13-10.

SPECIAL COMMISSIONERS--POWERS--DUTIES.-- e u g e b l e e h A.

A domestic violence special commissioner shall n d d i = = o h perform the following duties in carrying out the provisions of el t] 17b ,d i a º e the [Family Violence]Violence ] Protection Against Abuse and Violence wr li n= r t e w d 18m a n o Act:

=d = 19 a l (1) review [petitions] every petition for i a e r 20 [orders] an order of protection and all motions to enforce, a t m m: 21 modify or terminate orders of protection or motions to show d r e 22 cause;

cb e d s kº 23o (2)t ifn deemed= necessary,.224106.2AIC interviewFebruary 2, 2023 (11:33am) s k m e - 28 - e a n be 24d petitioners.r e l u [ A d (1) review [petitions] every petition for [orders] an order of protection and all motions to enforce, modify or terminate orders of protection or motions to show cause;

(2) if deemed necessary, interview petitioners.

u [ (3) conduct hearings on the merits of .224106.2 - 28 - petitions for orders of protection and motions to enforce, modify or terminate orders of protection or motions to show cause;

and (4) prepare recommendations to the [district][district ] court regarding petitions for orders of protection and motions to enforce, modify or terminate orders of protection or motions to show cause.

All orders must be signed by a district court judge before the recommendations of a domestic violence special h commissioner become effective.

The recommendation of the g o t hr hearing officer shall be reviewed and signed on the same day of g e i k the hearing." h r i s SECTION 14.

Section 40-13-12 NMSA 1978 (being Laws 2008, h , t, Chapter 40, Section 10) is amended to read:

e u g e b l e e h "40-13-12.

LIMITS ON INTERNET PUBLICATION.--A state agency, court or political subdivision of the state, including e t 17 a magistrate or municipal court, judicial district, law w l n d 18d enforcementi agency, county, municipality or home-rule = = 19o ah lagency, municipality,court shall not make available publicly on the internet i a e r 20 any information [that would likely reveal the identity or apolitical tsubdivision m m 21 location of the partystate, protectedincluding underl an] orderb of,d protection]i da rº e 22 regarding the registration of, filing of a petitionmagistrate for or cmunicipal ecourt, sjudicial kdistrict, 23law issuancer ofi a= protectionr order,t restraininge orderw ord injunctionm e a n bo 24enforcement pursuantagency, tocounty, themunicipality Uniform Interstate Enforcement of Domestic u [ Violence Protection Orders Act, whether the filing or issuancehome-rule .224106.2d -m 29: - occurred in New Mexico or any other state.

b e d s º o t n = .224106.2AIC February 2, 2023 (11:33am) s k m e - 29 - e a n e d r e l u [ A d municipality, shall not make available publicly on the internet any information [that would likely reveal the identity or location of the party protected under an order of protection] regarding the registration of, filing of a petition for or issuance of a protection order, restraining order or injunction pursuant to the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, whether the filing or issuance occurred in New Mexico or any other state.

REPEAL.--Section 40-13-1.1 NMSA 1978 (being h Laws 2002, Chapter 34, Section 2 and Laws 2002, Chapter 35, u » r Section 2) is repealed.

-t 30h -g 14 16 e t 17 w l n d 18 = = 19 a l i aSHPACº eSECTION r16. 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .224106.2

EFFECTIVE DATE.--The effective date of h r i s the provisions of this act is July 1, 2023.»SHPAC h , e h - 30 - t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .224106.2AIC February 2, 2023 (11:33am) s k m e e a n e d r e l u [ A d