SENATE BILL 315
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Sue Wilson Beffort
AN ACT
RELATING TO DOMESTIC ABUSE; PROVIDING FOR AN ARREST WITHOUT A WARRANT OF A PERSON WITHIN TWENTY-FOUR HOURS AFTER AN OFFICER ARRIVES AT THE SCENE OF A DOMESTIC DISTURBANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 31-1-7 NMSA 1978 (being Laws 1979, Chapter 178, Section 1, as amended) is amended to read:
"31-1-7. ARREST WITHOUT WARRANT--LIABILITY.--
A. Notwithstanding the provisions of any other law to the contrary, a peace officer may arrest a person and take that person into custody without a warrant:
(1) when the officer is at the scene of a domestic disturbance and has probable cause to believe that the person has committed an assault or a battery upon a household member; or
(2) within twenty-four hours after the officer arrives at the scene of a domestic disturbance where the person is not present and the officer has probable cause to believe that the person has committed an assault or a battery upon a household member.
B. As used in this section, "household member" means a spouse; former spouse; family member, including a relative, parent, present or former step-parent, present or former in-law, child or co-parent of a child; or a person with whom the victim has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section.
[B.] C. No peace officer shall be held criminally or civilly liable for making an arrest pursuant to this section, provided [he] the officer acts in good faith and without malice.
[C.] D. Whether or not an arrest is made pursuant to this section, a peace officer may remain with the victim and assist the victim in getting to a shelter or receiving proper medical attention."
Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.
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