SB 61 — ADD DOMESTIC VIOLENCE DEFINITIONS

SENATEAN BILLACT 61RELATING 53RDTO LEGISLATUREDOMESTIC -VIOLENCE; STATEOFNEWMEXICO- SECOND SESSION , 2018 INTRODUCED BY Daniel A.

Ivey-Soto 6 8 10 AN ACT RELATING TO DOMESTIC VIOLENCE;

e9 t 17 w l n d 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

= = 19 a l SECTION 1.

Section 30-3-11 NMSA 1978 (being Laws 1995, i a e r 20 Chapter 221, Section 2, as amended) is amended to read:

a t m m 21 "30-3-11.

DEFINITIONS.--As used in the Crimes Against d r e 22 Household Members Act:

c e s k 23 A.

"household member" means a spouse, former e a n b 24 spouse, parent, present or former stepparent, present or former u [ parent in-law, grandparent, grandparent-in-law, a co-parent of .209354.1 a child or a person with whom a person has had a continuing personal relationship.

[and ] B.

"strangulation" means the unlawful touching or application of force to another person's neck or throat with SB 61 intent to injure that person,person and in a manner whereby great Page 1 bodily harm or death can be inflicted, the result of which impedes the person's normal breathing or blood circulation;

"suffocation" means the unlawful touching or application of force that blocks the nose or mouth of another person with intent to injure that person,person and in a manner whereby great bodily harm or death can be inflicted, the result of which impedes the person's normal breathing or blood circulation." SECTION 2.

e e 17 "30-3-16.

AGGRAVATED BATTERY AGAINST A HOUSEHOLD e e n d 18 MEMBER.-- = = l ] 19 A.

Aggravated battery against a household member a l r i 20 consists of the unlawful touching or application of force to t e a t the person of a household member with intent to injure that m m 21 e d r e 22 person or another.

c e r c 23 B.

Whoever commits aggravated battery against a e a n b 24 household member is guilty of a misdemeanor if the aggravated u [ battery against a household member is committed by inflicting .209354.1 - 2 - an injury to that person that is not likely to cause death or great bodily harm, but that does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the bodybody. [is guilty of a misdemeanor].

6 C.

Whoever commits aggravated battery against a SB 61 Page 2 household member is guilty of a third degree felony if the aggravated battery against a household member is committed:

(1) by inflicting great bodily harmharm; [or doing so];

(2) with a deadly weaponweapon; [or doing so];

or (4) in any manner whereby great bodily harm or death can be inflictedinflicted. [is guilty of a third degree felony ].

Upon conviction pursuant to Subsection B of this section, an offender shall be required to participate in and e e 17 complete a domestic violence offender treatment or intervention e e n d 18 program approved by the children, youth and families department = = l ] 19 pursuant to rules promulgated by the department that define the a l r i 20 criteria for such programs.

t e a t E.

Notwithstanding any provision of law to the m m 21 e d r e 22 contrary, if a sentence imposed pursuant to the provisions of c e r c 23 Subsection B of this section is suspended or deferred in whole e a n b 24 or in part, the period of probation may extend beyond three u [ hundred sixty-four days but may not exceed two years.

If an .209354.1 - 3 - offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed and credit shall not be given for time served by the offender on probation;

provided that the total period of incarceration shall not exceed three hundred sixty-four days and the combined period of incarceration and probation shall not exceed two years." SB 61 Page 3 SECTION 3.

or (2) left the child with others, including the e e 17 other parent or an agency, without provision for support and e e n d 18 without communication for a period of:

= = l ] 19 (a) three months if the child was under a l r i 20 six years of age at the commencement of the three-month period;

t e a t or m m 21 e d r e 22 (b) six months if the child was over six c e r c 23 years of age at the commencement of the six-month period;

e a n b 24 B.

u [ (1) who has suffered or who is at risk of .209354.1 - 4 - suffering serious harm because of the action or inaction of the child's parent, guardian or custodian;

(3) who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian or SB 61 Page 4 custodian;

e e 17 (1) attempted, conspired to cause or caused e e n d 18 great bodily harm to the child or great bodily harm or death to = = l ] 19 the child's sibling;

a l r i 20 (2) attempted, conspired to cause or caused t e a t great bodily harm or death to another parent, guardian or m m 21 e d r e 22 custodian of the child;

c e r c 23 (3) attempted, conspired to subject or has e a n b 24 subjected the child to torture, chronic abuse or sexual abuse;

u [ or .209354.1 - 5 - (4) had parental rights over a sibling of the child terminated involuntarily;

"educational decision maker" means an individual appointed by the children's court to attend school meetings and to make decisions about the child's education that a parent could make under law, including decisions about the child's educational setting, and the development and SB 61 Page 5 implementation of an individual education plan for the child;

e e 17 (1) who has been abandoned by the child's e e n d 18 parent, guardian or custodian;

= = l ] 19 (2) who is without proper parental care and a l r i 20 control or subsistence, education, medical or other care or t e a t control necessary for the child's well-being because of the m m 21 e d r e 22 faults or habits of the child's parent, guardian or custodian c e r c 23 or the failure or refusal of the parent, guardian or custodian, e a n b 24 when able to do so, to provide them;