HB 56 — PROSTITUTION AS DELINQUENT ACT

HB 56/a Page 5 (f) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978;

(g) shooting at a dwelling or occupied h building or shooting at or from a motor vehicle, as provided in g o t hr Section 30-3-8 NMSA 1978;

g e i k (h) dangerous use of explosives, as h r i s provided in Section 30-7-5 NMSA 1978;

h , t, (i) criminal sexual penetration, as e u g e b l e e h provided in Section 30-9-11 NMSA 1978;

n d d i = = o h (j) robbery, as provided in Section l ] b ,d i a º e 30-16-2 NMSA 1978;

r i = r t e w d m a n o (k) aggravated burglary, as provided in dSection m30-16-4 :NMSA 1978;

b e d s º o t n = .211233.1 s k m e - 6 - e a n e d r e l u [ A d Section 30-16-4 NMSA 1978;

The felony adjudications relied upon as prior adjudications shall not have arisen out HB 56/a Page 6 of the same transaction or occurrence or series of events related in time and location.

Successful completion of consent decrees [are ] is not considered a prior adjudication for the purposes of this paragraph;

or h (3) fourteen years of age and who is u » r adjudicated for first degree murder, as provided in Section t h g e l i 30-2-1 NMSA 1978." h r i s SECTION 2.

Section 32A-3B-2 NMSA 1978 (being Laws 1993, h , e h Chapter 77, Section 74, as amended) is amended to read:

t u g e b l e e , gh "32A-3B-2.

DEFINITIONS.--As used in Chapter 32A, Article n d d i = = o h 3B NMSA 1978, "family in need of court-ordered services" means l ] b ,d i a º r the child or the family has refused family services or the edepartment rhas =exhausted tappropriate eand wavailable dfamily mservices aand ncourt ointervention departmentis hasnecessary exhaustedto appropriateprovide andfamily availableservices to the child or family dand mit :is a family:

b r e t º o t n = .211233.1 s k m e - 7 - e a n e d r e l u [ A d services and court intervention is necessary to provide family services to the child or family and [the following circumstances exist] it is a family:

[it is a family] whose child, subject to compulsory school attendance, is absent from school without an authorized excuse more than ten days during a school year;

[it is a family] whose child is absent from the child's place of residence for a time period of twelve hours or more without consent of the child's parent, guardian or custodian;

[it is a family] whose child refuses to return home and there is good cause to believe that the child will run away from home if forced to return to the parent, guardian or custodian;

[orHB ]56/a Page 7 D.

[it is a family] in which the child's parent, guardian or custodian refuses to allow the child to return home h and a petition alleging neglect of the child is not in the g o t hr child's best interests;

or g e i k E.

h r i s (1) alleged to be engaged in an act that would h , t, be designated as prostitution if committed by an adult;

or e u g e b l e e h (2) a victim of human trafficking as defined n d d i = = o h in Section 30-52-1 NMSA 1978." l ] b ,d i a º e SECTION 3.

Section 32A-3B-3 NMSA 1978 (being Laws 1993, r i = r t e w d m a n o Chapter 77, Section 75) is amended to read:

d"32A-3B-3. m :

b e d s º o t n = .211233.1 s k m e - 8 - e a n e d r e l u [ A d "32A-3B-3.

A child may be taken into protective custody by a law enforcement officer without a court order when the officer has reasonable grounds to believe that the childchild: :

(1) [the child ] has run away from the child's parent, guardian or custodian;

(2) [the child ] without parental supervision is suffering from illness or injury;

(3) [the child ] has been abandoned;

[or] (4) [the child ] is endangered by [his] the child's surroundings and removal from those surroundings is necessary to ensure the child's safety;

HB 56/a Page 8 (5) is engaged in an act that would be designated as prostitution if committed by an adult;

or (6) is a victim of human trafficking as h defined in Section 30-52-1 NMSA 1978.

g o t hr B.

A child may be taken into protective custody g e i k pursuant to a court order issued after an agency legally h r i s charged with the supervision of the child has notified a law h , t, enforcement agency that the child has run away from a e u g e b l e e h placement.

n d d i = = o h C.

When a child is taken into protective custody, l ] b ,d i a º e the department shall make a reasonable effort to determine r i = r t e w d m a n o whether the child is an Indian child.

dD. m :

b e d s º o t n = .211233.1 s k m e - 9 - e a n e d r e l u [ A d D.

and HB 56/a Page 9 (2) contact the department.

When the department is contacted by a law enforcement officer who has taken a child into protective h custody, the department shall refer the child to gcommunity obased t hr HJCºappropriate treatment and»HJC HJCºcommunity based»HJC g e i k services and may:

h r i s (1) accept custody of the child and designate h , t, e u g an appropriate [facilityplacement in which to place ] placement HJCºin e b l e e h the community»HJCcommunity for the child;

or n d d i = = o h l ] b ,d (2) return the child to the child's parent, i a º e r i = r guardian or custodian if the child's safety is assured.

tC. e w d m a n o d m :

b e d s º o t n = .211233.1 s k m e - 10 - e a n e d r e l u [ A d C.

HB 56/a Page 10 E.

When a petition is filed or any time thereafter, h the children's court or district court may issue an ex-parte u » r custody order based upon a sworn written statement of facts t h g e l i showing that probable cause exists to believe that protective h r i s custody of the child is necessary.

h , e h F.

The protective custody order shall be served on t u g e b l e e , gh the respondent by a person authorized to serve arrest warrants n d d i = = o h and shall direct the law enforcement officer to take custody of l ] b ,d i a º r the child and deliver the child to a place designated by the e r = t e w d m a n o court.

dG. m :

bThe rRules eof tEvidence ºdo onot tapply nto =the .211233.1issuance sof kan mex-parte ecustody -order." 11HB -56/a ePage a11 n25 e d r e l u [ A d G.

The Rules of Evidence do not apply to the issuance of an ex-parte custody order." - 12 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .211233.1 s k em e e a n e d r e l u [ A d