New Mexico 2021 Regular Session Status: Enacted 1 R cosponsors

HB 183 — NO FINES OR FEES FOR SOME JUVENILE CRIMES

Last action — Signed

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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 28, 2021. Enacted.

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Advancing 54% · moderate confidence

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High

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  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

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Bill Text

What changed in the latest version

434 added · 601 removed

Plain-language change summary

The recent amendment to HB 183 clarifies that certain fines and fees related to juvenile offenses, specifically for marijuana possession, are being eliminated. This change is significant as it seeks to reduce the financial burden on young individuals who may face legal consequences for minor drug offenses, thereby promoting a more equitable approach to juvenile justice. By lessening punitive measures, the bill aims to focus more on rehabilitation rather than punishment.

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HOUSE BILL 183 55TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Roger Montoya and Gail Chasey 6 8 10 AN ACT RELATING TO CHILDREN;
AN ACT RELATING TO CHILDREN;
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
e t 17 "30-31-23.
"30-31-23.
CONTROLLED SUBSTANCES--POSSESSION w l n d 18 PROHIBITED.-- = = 19 a l A.
CONTROLLED SUBSTANCES--POSSESSION PROHIBITED.-- A.
It is unlawful for a person intentionally to i a e r 20 possess a controlled substance unless the substance was a t m m 21 obtained pursuant to a valid prescription or order of a d r e 22 practitioner while acting in the course of professional c e s k 23 practice or except as otherwise authorized by the Controlled e a n b 24 Substances Act.
It is unlawful for a person intentionally to possess a controlled substance unless the substance was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of professional practice or except as otherwise authorized by the Controlled Substances Act.
It is unlawful for a person intentionally to u [ possess a controlled substance analog.
It is unlawful for a person intentionally to possess a controlled substance analog.
.218582.1SA B.
B.
(1) up to one-half ounce of marijuana shall be issued a penalty assessment, pursuant to Section [3 of this 2019 act] 31-19A-1 NMSA 1978 and is subject to a fine of fifty dollars ($50.00);
(1) up to one-half ounce of marijuana shall be issued a penalty assessment, pursuant to Section 31-19A-1 NMSA 1978 and is subject to a fine of fifty dollars ($50.00);
(2) more than one-half ounce but up to and including one ounce of marijuana is, for the first offense, guilty of a petty misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) or more than one hundred dollars ($100) and by imprisonment for not more than fifteen days, and, for a second or subsequent offense, is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term of less than one year, or both;
(2) more than one-half ounce but up to and including one ounce of marijuana is, for the first offense, guilty of a petty misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) or more than one HB 183 Page 1 hundred dollars ($100) and by imprisonment for not more than fifteen days, and, for a second or subsequent offense, is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term of less than one year, or both;
e t 17 (3) more than one ounce but less than eight w l n d 18 ounces of marijuana is guilty of a misdemeanor and shall be = = 19 a l punished by a fine of not less than one hundred dollars ($100) i a e r 20 or more than one thousand dollars ($1,000) or by imprisonment a t m m 21 for a definite term of less than one year, or both;
(3) more than one ounce but less than eight ounces of marijuana is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term of less than one year, or both;
or d r e 22 (4) eight ounces or more of marijuana is c e s k 23 guilty of a fourth degree felony and shall be sentenced e a n b 24 pursuant to the provisions of Section 31-18-15 NMSA 1978.
or (4) eight ounces or more of marijuana is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
u [ C.
C.
A person who violates this section with respect .218582.1SA - 2 - to:
A person who violates this section with respect to:
(1) one ounce or less of synthetic cannabinoids is, for the first offense, guilty of a petty misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) or more than one hundred dollars ($100) and by imprisonment for not more than fifteen days, and, for the second and subsequent offenses, is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both;
(1) one ounce or less of synthetic cannabinoids is, for the first offense, guilty of a petty misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) or more than one hundred dollars ($100) and by imprisonment for not more than fifteen days, and, for the second and subsequent offenses, is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars HB 183 Page 2 ($1,000) or by imprisonment for a definite term less than one year, or both;
or e t 17 (3) eight ounces or more of synthetic w l n d 18 cannabinoids is guilty of a fourth degree felony and shall be = = 19 a l sentenced pursuant to the provisions of Section 31-18-15 NMSA i a e r 20 1978.
or (3) eight ounces or more of synthetic cannabinoids is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
a t m m 21 D.
D.
A minor who violates this section with respect d r e 22 to the substances listed in this subsection is guilty of a c e s k 23 petty misdemeanor and, notwithstanding the provisions of e a n b 24 Sections 32A-1-5 and 32A-2-19 NMSA 1978, shall be [punished by u [ a fine not to exceed one hundred dollars ($100) or] required to .218582.1SA - 3 - perform no more than forty-eight hours of community service.
A minor who violates this section with respect to the substances listed in this subsection is guilty of a petty misdemeanor and, notwithstanding the provisions of Sections 32A-1-5 and 32A-2-19 NMSA 1978, shall be required to perform no more than forty-eight hours of community service.
(2) any of the substances listed in Paragraphs (20) through (25) of Subsection C of Section 30-31-6 NMSA 1978;
(2) any of the substances listed in HB 183 Page 3 Paragraphs (20) through (25) of Subsection C of Section 30-31-6 NMSA 1978;
or (3) a substance added to Schedule I by a rule of the board adopted on or after March 31, 2011 if the board determines that the pharmacological effect of the substance, the risk to the public health by abuse of the substance and the potential of the substance to produce psychic or physiological e t 17 dependence liability is similar to the substances described in w l n d 18 Paragraph (1) or (2) of this subsection.
or (3) a substance added to Schedule I by a rule of the board adopted on or after March 31, 2011 if the board determines that the pharmacological effect of the substance, the risk to the public health by abuse of the substance and the potential of the substance to produce psychic or physiological dependence liability is similar to the substances described in Paragraph (1) or (2) of this subsection.
= = 19 a l E.
E.
Except as provided in Subsections B, C and G of i a e r 20 this section, and for those substances listed in Subsection F a t m m 21 of this section, a person who violates this section with d r e 22 respect to any amount of any controlled substance enumerated in c e s k 23 Schedule I, II, III or IV or a controlled substance analog of a e a n b 24 substance enumerated in Schedule I, II, III or IV is guilty of u [ a misdemeanor and shall be punished by a fine of not less than .218582.1SA - 4 - five hundred dollars ($500) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both.
Except as provided in Subsections B, C and G of this section, and for those substances listed in Subsection F of this section, a person who violates this section with respect to any amount of any controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of a substance enumerated in Schedule I, II, III or IV is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both.
methamphetamine, its salts, isomers or salts of isomers as enumerated in Schedule II or a controlled substance analog of methamphetamine, its salts, isomers or salts of isomers;
methamphetamine, its salts, isomers or salts of isomers as enumerated in Schedule II or a controlled substance analog of HB 183 Page 4 methamphetamine, its salts, isomers or salts of isomers;
gamma hydroxybutyric acid and any chemical compound that is metabolically converted to gamma hydroxybutyric acid, its salts, isomers or salts of isomers as enumerated in Schedule I or a controlled substance analog of gamma hydroxybutyric acid, e t 17 its salts, isomers or salts of isomers;
gamma hydroxybutyric acid and any chemical compound that is metabolically converted to gamma hydroxybutyric acid, its salts, isomers or salts of isomers as enumerated in Schedule I or a controlled substance analog of gamma hydroxybutyric acid, its salts, isomers or salts of isomers;
gamma butyrolactone and w l n d 18 any chemical compound that is metabolically converted to gamma = = 19 a l hydroxybutyric acid, its salts, isomers or salts of isomers as i a e r 20 enumerated in Schedule I or a controlled substance analog of a t m m 21 gamma butyrolactone, its salts, isomers or salts of isomers;
gamma butyrolactone and any chemical compound that is metabolically converted to gamma hydroxybutyric acid, its salts, isomers or salts of isomers as enumerated in Schedule I or a controlled substance analog of gamma butyrolactone, its salts, isomers or salts of isomers;
1- d r e 22 4 butane diol and any chemical compound that is metabolically c e s k 23 converted to gamma hydroxybutyric acid, its salts, isomers or e a n b 24 salts of isomers as enumerated in Schedule I or a controlled u [ substance analog of 1-4 butane diol, its salts, isomers or .218582.1SA - 5 - salts of isomers;
1-4 butane diol and any chemical compound that is metabolically converted to gamma hydroxybutyric acid, its salts, isomers or salts of isomers as enumerated in Schedule I or a controlled substance analog of 1-4 butane diol, its salts, isomers or salts of isomers;
Except for a minor as defined in Subsection D of this section, a person who violates Subsection A of this section while within a posted drug-free school zone, excluding private property residentially zoned or used primarily as a residence and excluding a person in or on a motor vehicle in transit through the posted drug-free school zone, with respect to:
Except for a minor as defined in Subsection D of this section, a person who violates Subsection A of this HB 183 Page 5 section while within a posted drug-free school zone, excluding private property residentially zoned or used primarily as a residence and excluding a person in or on a motor vehicle in transit through the posted drug-free school zone, with respect to:
(1) one ounce or less of marijuana or synthetic cannabinoids is, for the first offense, guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars e t 17 ($1,000) or by imprisonment for a definite term less than one w l n d 18 year, or both, and for the second or subsequent offense, is = = 19 a l guilty of a fourth degree felony and shall be sentenced i a e r 20 pursuant to the provisions of Section 31-18-15 NMSA 1978;
(1) one ounce or less of marijuana or synthetic cannabinoids is, for the first offense, guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year, or both, and for the second or subsequent offense, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
a t m m 21 (2) more than one ounce and less than eight d r e 22 ounces of marijuana or synthetic cannabinoids is guilty of a c e s k 23 fourth degree felony and shall be sentenced pursuant to the e a n b 24 provisions of Section 31-18-15 NMSA 1978;
(2) more than one ounce and less than eight ounces of marijuana or synthetic cannabinoids is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
u [ (3) eight ounces or more of marijuana or .218582.1SA - 6 - synthetic cannabinoids is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(3) eight ounces or more of marijuana or synthetic cannabinoids is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(4) any amount of any other controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of a substance enumerated in Schedule I, II, III or IV, except phencyclidine as enumerated in Schedule III, a narcotic drug enumerated in Schedule I or II or a controlled substance analog of a narcotic drug enumerated in Schedule I or II, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(4) any amount of any other controlled substance enumerated in Schedule I, II, III or IV or a controlled substance analog of a substance enumerated in Schedule I, II, III or IV, except phencyclidine as enumerated HB 183 Page 6 in Schedule III, a narcotic drug enumerated in Schedule I or II or a controlled substance analog of a narcotic drug enumerated in Schedule I or II, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
and (5) phencyclidine as enumerated in Schedule III, a narcotic drug enumerated in Schedule I or II, a controlled substance analog of phencyclidine or a controlled substance analog of a narcotic drug enumerated in Schedule I or e t 17 II is guilty of a third degree felony and shall be sentenced w l n d 18 pursuant to the provisions of Section 31-18-15 NMSA 1978." = = 19 a l SECTION 2.
and (5) phencyclidine as enumerated in Schedule III, a narcotic drug enumerated in Schedule I or II, a controlled substance analog of phencyclidine or a controlled substance analog of a narcotic drug enumerated in Schedule I or II is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978." SECTION 2.
Section 31-15-12 NMSA 1978 (being Laws 1973, i a e r 20 Chapter 156, Section 12, as amended) is amended to read:
Section 31-15-12 NMSA 1978 (being Laws 1973, Chapter 156, Section 12, as amended) is amended to read:
a t m m 21 "31-15-12.
"31-15-12.
EXPLANATION OF RIGHTS--WAIVER OF COUNSEL-- d r e 22 APPLICATION FEE--INDIGENCY DETERMINATION.-- c e s k 23 A.
EXPLANATION OF RIGHTS--WAIVER OF COUNSEL-- APPLICATION FEE--INDIGENCY DETERMINATION.-- A.
If any person charged with any crime or a e a n b 24 delinquent act that carries a possible sentence of imprisonment u [ appears in any court without counsel, the judge shall inform .218582.1SA - 7 - [him] the person of [his] the person's right:
If any person charged with any crime or a delinquent act that carries a possible sentence of imprisonment appears in any court without counsel, the judge shall inform the person of the person's right:
and (2) if [he] the person is financially unable to obtain counsel, to be represented by the district public defender at all stages of the proceedings against [him] the person.
and (2) if the person is financially unable to obtain counsel, to be represented by the district public defender at all stages of the proceedings against the person.
B.
HB 183 Page 7 B.
A person shall pay a [non-refundable] nonrefundable application fee of ten dollars ($10.00) at the time the person applies with the public defender for representation.
A person shall pay a nonrefundable application fee of ten dollars ($10.00) at the time the person applies with the public defender for representation.
The public defender shall determine e t 17 if the person is indigent and unable to pay the fee, subject to w l n d 18 review by the court.
The public defender shall determine if the person is indigent and unable to pay the fee, subject to review by the court.
When the person remains in custody and is = = 19 a l unable to pay the fee, the court may waive payment of the fee.
When the person remains in custody and is unable to pay the fee, the court may waive payment of the fee.
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i a e r 20 A child subject to the provisions of the Delinquency Act shall a t m m 21 not be required to pay the application fee.
A child subject to the provisions of the Delinquency Act shall not be required to pay the application fee.
d r e 22 D.
D.
Peace officers shall notify the district public c e s k 23 defender of any person not represented by counsel who is being e a n b 24 forcibly detained and who is charged with, or under suspicion u [ of, the commission of any crime that carries a possible .218582.1SA - 8 - sentence of imprisonment, unless the person has previously appeared in court upon that charge.
Peace officers shall notify the district public defender of any person not represented by counsel who is being forcibly detained and who is charged with, or under suspicion of, the commission of any crime that carries a possible sentence of imprisonment, unless the person has previously appeared in court upon that charge.
Any person entitled to representation by the district public defender may intelligently waive [his] the right to representation.
Any person entitled to representation by the district public defender may intelligently waive the right to representation.
The waiver shall be in writing and countersigned by a district public defender." SECTION 3.
The waiver shall be in writing and countersigned by a district public defender." HB 183 Page 8 SECTION 3.
(2) reasonable compensation for services and related expenses of a guardian ad litem or a child's attorney e t 17 appointed by the court;
(2) reasonable compensation for services and related expenses of a guardian ad litem or a child's attorney appointed by the court;
and w l n d 18 (3) the expenses of service of summonses, = = 19 a l notices, subpoenas, traveling expenses of witnesses and other i a e r 20 like expenses incurred in any proceeding under the Children's a t m m 21 Code.
and (3) the expenses of service of summonses, notices, subpoenas, traveling expenses of witnesses and other like expenses incurred in any proceeding under the Children's Code.
d r e 22 B.
B.
[The court may order the parent or other person c e s k 23 legally obligated to care for and support a child to pay all or e a n b 24 part of the costs and expenses pursuant to Subsection A of this u [ section when:
A child, the family of a child or a person legally obligated to care for and support a child who is subject to the provisions of the Delinquency Act shall not be required to pay any court costs, expenses pursuant to Subsection A of this section, fees or fines.
.218582.1SA - 9 - (1) the child has been found to be a delinquent child, a child of a family in need of court-ordered services, an abused or neglected child or a child with a mental illness or a developmental disability;
C.
(2) the parent or other person legally obligated to care for and support a child is given notice and a hearing to determine the parent or person's financial ability to pay the costs and expenses;
Whenever legal custody of an adjudicated child is vested in someone other than the child's parents, including an agency, institution or department of this state, if the court, after notice to the parents or other persons legally obligated to support the child and after a hearing, finds that the parents or other legally obligated persons are HB 183 Page 9 financially able to pay all or part of the costs and expenses of the support and treatment, the court may order the parents or other legally obligated persons to pay to the custodian in the manner the court directs a reasonable sum that will cover all or part of the expenses of the support and treatment of the child subsequent to the entry of the custody order.
and (3) the court finds that the parent or person is able to pay all or part of the costs and expenses.
Unless otherwise ordered, payment shall be made to the court for remittance to those to whom compensation is due or, if costs and expenses have been paid by the court, to the court for remittance to the state.
The court may prescribe the manner of payment.] A child, the family of a child or a person legally obligated to care for and support a child who is e t 17 subject to the provisions of the Delinquency Act shall not be w l n d 18 required to pay any court costs, expenses pursuant to = = 19 a l Subsection A of this section, fees or fines.
i a e r 20 C.
Whenever legal custody of an adjudicated child a t m m 21 is vested in someone other than the child's parents, including d r e 22 an agency, institution or department of this state, if the c e s k 23 court, after notice to the parents or other persons legally e a n b 24 obligated to support the child and after a hearing, finds that u [ the parents or other legally obligated persons are financially .218582.1SA - 10 - able to pay all or part of the costs and expenses of the support and treatment, the court may order the parents or other legally obligated persons to pay to the custodian in the manner the court directs a reasonable sum that will cover all or part of the expenses of the support and treatment of the child subsequent to the entry of the custody order.
DISPOSITION OF AN ADJUDICATED DELINQUENT OFFENDER.-- e t 17 A.
DISPOSITION OF AN ADJUDICATED DELINQUENT OFFENDER.-- A.
At the conclusion of the dispositional hearing, w l n d 18 the court may make and include in the dispositional judgment = = 19 a l its findings on the following:
At the conclusion of the dispositional hearing, the court may make and include in the dispositional judgment its findings on the following:
i a e r 20 (1) the interaction and interrelationship of a t m m 21 the child with the child's parents and siblings and any other d r e 22 person who may significantly affect the child's best interests;
(1) the interaction and interrelationship of the child with the child's parents and siblings and any other person who may significantly affect the child's best interests;
c e s k 23 (2) the child's adjustment to the child's e a n b 24 home, school and community;
(2) the child's adjustment to the child's HB 183 Page 10 home, school and community;
u [ (3) the mental and physical health of all .218582.1SA - 11 - individuals involved, including consideration of such factors as the child's brain development, maturity, trauma history and disability;
(3) the mental and physical health of all individuals involved, including consideration of such factors as the child's brain development, maturity, trauma history and disability;
If a child is found to be delinquent, the court may [impose a fine not to exceed the fine that could be imposed e t 17 if the child were an adult and may] enter its judgment making w l n d 18 any of the following dispositions for the supervision, care and = = 19 a l rehabilitation of the child:
If a child is found to be delinquent, the court may enter its judgment making any of the following dispositions for the supervision, care and rehabilitation of the child:
i a e r 20 (1) transfer legal custody to the department, a t m m 21 an agency responsible for the care and rehabilitation of d r e 22 delinquent children, which shall receive the child at a c e s k 23 facility designated by the secretary of the department as a e a n b 24 juvenile reception facility.
(1) transfer legal custody to the department, an agency responsible for the care and rehabilitation of delinquent children, which shall receive the child at a facility designated by the secretary of the department as a juvenile reception facility.
The department shall thereafter u [ determine the appropriate placement, supervision and .218582.1SA - 12 - rehabilitation program for the child.
The department HB 183 Page 11 shall thereafter determine the appropriate placement, supervision and rehabilitation program for the child.
No more than twenty-one e t 17 months shall be served at the facility and no less than ninety w l n d 18 days shall be served on supervised release, unless:
No more than twenty-one months shall be served at the facility and no less than ninety days shall be served on supervised release, unless:
1) = = 19 a l supervised release is revoked pursuant to Section 32A-2-25 NMSA i a e r 20 1978;
1) supervised release is revoked pursuant to Section 32A-2-25 NMSA 1978;
or 2) the commitment is extended pursuant to Section a t m m 21 32A-2-23 NMSA 1978;
or 2) the commitment is extended pursuant to Section 32A-2-23 NMSA 1978;
d r e 22 (c) if the child is a delinquent c e s k 23 offender who committed one of the criminal offenses set forth e a n b 24 in Subsection [I] J of Section 32A-2-3 NMSA 1978, a commitment u [ to age twenty-one, unless sooner discharged;
(c) if the child is a delinquent HB 183 Page 12 offender who committed one of the criminal offenses set forth in Subsection J of Section 32A-2-3 NMSA 1978, a commitment to age twenty-one, unless sooner discharged;
or .218582.1SA - 13 - (d) if the child is a youthful offender, a commitment to age twenty-one, unless sooner discharged;
or (d) if the child is a youthful offender, a commitment to age twenty-one, unless sooner discharged;
or if a child is found to be delinquent solely on the basis of Paragraph (3) of Subsection A of Section 32A-2-3 NMSA 1978, the court shall only enter a judgment placing the child on probation or ordering restitution or [imposing a fine not to exceed the fine that could be imposed if the child were an adult or any combination of these dispositions] both;
or if a child is found to be delinquent solely on the basis of Paragraph (3) of Subsection A of Section 32A-2-3 NMSA 1978, the court shall only enter a judgment placing the child on probation or ordering restitution or both;
or (4) if a child is found to be delinquent solely on the basis of Paragraph (2), (3) or (4) of Subsection e t 17 A of Section 32A-2-3 NMSA 1978, the court may make any w l n d 18 disposition provided by this section and may enter its judgment = = 19 a l placing the child on probation and, as a condition of i a e r 20 probation, transfer custody of the child to the department for a t m m 21 a period not to exceed six months without further order of the d r e 22 court;
or (4) if a child is found to be delinquent solely on the basis of Paragraph (2), (3) or (4) of Subsection A of Section 32A-2-3 NMSA 1978, the court may make any disposition provided by this section and may enter its judgment placing the child on probation and, as a condition of probation, transfer custody of the child to the department for a period not to exceed six months without further order of the court;
provided that this transfer shall not be made unless the c e s k 23 court first determines that the department is able to provide e a n b 24 or contract for adequate and appropriate treatment for the u [ child and that the treatment is likely to be beneficial.
provided that this transfer shall not be made HB 183 Page 13 unless the court first determines that the department is able to provide or contract for adequate and appropriate treatment for the child and that the treatment is likely to be beneficial.
.218582.1SA - 14 - C.
C.
Prior to any child being placed in the custody of the department, the department shall be provided with reasonable oral or written notification and an opportunity to e t 17 be heard.
Prior to any child being placed in the custody of the department, the department shall be provided with reasonable oral or written notification and an opportunity to be heard.
w l n d 18 G.
G.
In addition to any other disposition pursuant to = = 19 a l Subsection B of this section, the court may make an abuse or i a e r 20 neglect report for investigation and proceedings as provided a t m m 21 for in the Abuse and Neglect Act.
In addition to any other disposition pursuant to Subsection B of this section, the court may make an abuse or neglect report for investigation and proceedings as provided for in the Abuse and Neglect Act.
The report may be made to a d r e 22 local law enforcement agency, the department or a tribal law c e s k 23 enforcement or social service agency for an Indian child e a n b 24 residing in Indian country.
The report may be HB 183 Page 14 made to a local law enforcement agency, the department or a tribal law enforcement or social service agency for an Indian child residing in Indian country.
u [ H.
H.
In addition to any other disposition pursuant to .218582.1SA - 15 - this section or any other penalty provided by law, if a child who is fifteen years of age or older is adjudicated delinquent on the basis of Paragraph (2), (3) or (4) of Subsection A of Section 32A-2-3 NMSA 1978, the child's driving privileges may be denied or the child's driver's license may be revoked for a period of ninety days.
In addition to any other disposition pursuant to this section or any other penalty provided by law, if a child who is fifteen years of age or older is adjudicated delinquent on the basis of Paragraph (2), (3) or (4) of Subsection A of Section 32A-2-3 NMSA 1978, the child's driving privileges may be denied or the child's driver's license may be revoked for a period of ninety days.
Nothing in this section may prohibit the delinquent from applying for a e t 17 limited driving privilege pursuant to Section 66-5-35 NMSA 1978 w l n d 18 or an ignition interlock license pursuant to the Ignition = = 19 a l Interlock Licensing Act, and nothing in this section precludes i a e r 20 the delinquent's participation in an appropriate educational, a t m m 21 counseling or rehabilitation program.
Nothing in this section may prohibit the delinquent from applying for a limited driving privilege pursuant to Section 66-5-35 NMSA 1978 or an ignition interlock license pursuant to the Ignition Interlock Licensing Act, and nothing in this section precludes the delinquent's participation in an appropriate educational, HB 183 Page 15 counseling or rehabilitation program.
d r e 22 I.
I.
In addition to any other disposition pursuant to c e s k 23 this section or any other penalty provided by law, when a child e a n b 24 is adjudicated delinquent on the basis of Paragraph (6) of u [ Subsection A of Section 32A-2-3 NMSA 1978, the child shall .218582.1SA - 16 - perform the mandatory community service set forth in Section 30-15-1.1 NMSA 1978.
In addition to any other disposition pursuant to this section or any other penalty provided by law, when a child is adjudicated delinquent on the basis of Paragraph (6) of Subsection A of Section 32A-2-3 NMSA 1978, the child shall perform the mandatory community service set forth in Section 30-15-1.1 NMSA 1978.
When a child fails to completely perform the mandatory community service, the name and address of the child's parent or legal guardian shall be published in a newspaper of general circulation, accompanied by a notice that the parent or legal guardian is the parent or legal guardian of a child adjudicated delinquent for committing graffiti." - 17 - 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .218582.1SA
When a child fails to completely perform the mandatory community service, the name and address of the child's parent or legal guardian shall be published in a newspaper of general circulation, accompanied by a notice that the parent or legal guardian is the parent or legal guardian of a child adjudicated delinquent for committing graffiti." HB 183 Page 16 25
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Action History

  1. Signed

  2. passed Senate

  3. DO PASS committee report adopted

  4. Sent to Senate Judiciary Committee

  5. passed House

  6. DO PASS committee report adopted

  7. DO PASS committee report adopted

  8. Sent to House Consumer & Public Affairs Committee & House Judiciary Committee

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 183?
HB 183 is sponsored by Chasey, Gail and Rod Montoya (Republican).
What is the current status of HB 183?
This bill has been enacted into law. Introduced January 28, 2021. Enacted.
Where can I track HB 183?
Track HB 183 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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