44th legislature - STATE OF NEW MEXICO - 2nd special session, 2000

EXPRESSING THE LEGISLATURE'S SUPPORT FOR AMENDING THE MUNICIPAL CODE AND THE CHILDREN'S CODE TO ALLOW FOR ORIGINAL JURISDICTION IN MUNICIPAL, MAGISTRATE OR METROPOLITAN COURT OVER JUVENILE CURFEW OFFENDERS.

WHEREAS, serious problems exist relating to crimes committed by juveniles during late hours; and

WHEREAS, jurisdiction over juveniles rests with the children's court except for minor traffic offenses; and

WHEREAS, because curfew offenses are status offenses, they receive low priority in children's court; and

WHEREAS, no effective judicial method of dealing with curfew violators currently exists; and

WHEREAS, because municipal, magistrate and metropolitan courts have no jurisdiction over juvenile curfew violators, municipalities are forced to punish parents for their children's curfew violations; and

WHEREAS, it is in the interests of municipal governments and of the safety of their citizens to deal with these offenders quickly and effectively; and

WHEREAS, bringing juveniles into municipal, magistrate or metropolitan court at the grassroots level of the court system could have a deterrent effect on juveniles committing further or more serious crimes;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that it support amending the Municipal Code and the Children's Code to allow for original jurisdiction in municipal, magistrate or metropolitan court over juvenile curfew offenders; and

BE IT FURTHER RESOLVED that the punishment allowed for juvenile curfew violations be limited to a fine, community service or both so as not to jeopardize federal funding for juvenile programs.