SB 90 — "CREDIBLE THREAT" DEFINITION

Bill Text

• Introduced introduced version Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill defines 'credible threat' and modifies procedures and requirements for issuing domestic violence protection orders.

• Section 40-13-5 NMSA 1978

  the physical safety of the → a

  Changes the language to make it more inclusive regarding who a credible threat may affect.

• Section 40-13-5 NMSA 1978

  a condition or situation that causes a reasonable person, based on the totality of the circumstances, to fear for the person's physical safety or for the physical safety of another and may be evidenced by a statement, an act or a course of conduct attributed to the respondent and does not require the use or threatened use of a firearm. → as used in this section, 'credible threat' means a condition or situation that causes a reasonable person, based on the totality of the circumstances, to fear for the person's physical safety or for the physical safety of another and may be evidenced by a statement, an act or a course of conduct attributed to the respondent and does not require the use or threatened use of a firearm.

  Clarifies the definition of 'credible threat' for better understanding.

• Section 40-13-5 NMSA 1978

  the court shall order the restrained party to: [(a)] (1) deliver [any firearm] firearms in the restrained party's possession, care, custody or control to a law enforcement agency, law enforcement officer or federal firearms licensee to be held while the order of protection is in effect; and → the court shall order the restrained party to: (1) deliver firearms in the restrained party's possession, care, custody or control to a law enforcement agency, law enforcement officer or federal firearms licensee to be held while the order of protection is in effect; and

  Removes unnecessary text and simplifies the order issuance requirements.

• Section 40-13-5 NMSA 1978

  and restrain a party from transferring, concealing, encumbering or otherwise disposing of the other party's property or the joint or community property of the parties except when done 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] transfers, encumbrances [and] or expenditures made [after] while the order is [served or communicated to the restrained party] in effect; → and require the parties to account to the court for transfers, encumbrances or expenditures made while the order is in effect;

  Streamlines and clarifies wording regarding property disposition during the order of protection.

• Section 40-13-5 NMSA 1978

  if a child custody or child support order is in effect at the time the petition for an order of protection [was] is filed, the court may enter an initial order of protection, but [the portion of the order] final determination on the issues dealing with child custody or child support [will then] shall be [transferred to] made by the court [that has or continues to have] with jurisdiction over the pending action or [prior] the child custody or child support [action] order. → if a child custody or child support order is in effect at the time the petition for an order of protection is filed, the court may enter an initial order of protection, but final determination on the issues dealing with child custody or child support shall be made by the court with jurisdiction over the pending action or the child custody or child support order.

  Clarifies jurisdictional authority in cases involving child custody or support and orders of protection.

• Section 40-13-5 NMSA 1978

  may be issued only [in cases where] if both parties [have petitioned the court] file petitions for orders of protection and the court makes detailed findings of fact indicating that both parties acted [primarily] as aggressors and that neither party acted primarily in self-defense. → may be issued only if both parties file petitions for orders of protection and the court makes detailed findings of fact indicating that both parties acted as aggressors and that neither party acted primarily in self-defense.

  Modifies the criteria for issuing a mutual order of protection.

• Section 40-13-5 NMSA 1978

  under the Family Violence Protection Act shall not affect title to [any] → pursuant to the Family Violence Protection Act shall not affect title to any

  Clarifies the legal foundation under which the stipulation about property titles is made.

• Section 40-13-5 NMSA 1978

  An order of protection shall not be issued unless a petition or [a] counter petition has been filed.

  Removes the requirement for a counter petition for an order of protection.

Action History

1. March 24, 2026

   action postponed indefinitely

2. January 22, 2026

   Sent to Senate Committees' Committee & Senate Health and Public Affairs Committee & Senate Judiciary Committee

Sponsors

• Antoinette Sedillo Lopez · Primary

Subjects