HOUSE BILL 32

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Paul C. Bandy

AN ACT

RELATING TO JUVENILES; REQUIRING NOTIFICATION TO THE APPROPRIATE SCHOOL DISTRICT WHEN A CHILD IS THE SUBJECT OF A DELINQUENCY PETITION INVOLVING CERTAIN OFFENSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Delinquency Act is enacted to read:

     "[NEW MATERIAL] SCHOOL NOTIFICATION.--

          A. Notwithstanding any other provision of law, the department shall immediately notify the superintendent of the school district where the child resides and the principal of any private school in which the child is enrolled of a delinquency petition filed concerning the child, if the petition involves one of the following offenses:

                (1) murder, as provided in Section 30-2-1 NMSA 1978;

                (2) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;

                (3) kidnapping, as provided in Section 30-4-1 NMSA 1978;

                (4) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978;

                (5) aggravated battery against a household member, as provided in Subsection C of Section 30-3-16 NMSA 1978;

                (6) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978;

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

                (8) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;

                (9) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

                (10) criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978;

                (11) aggravated stalking, as provided in Section 30-3A-3.1 NMSA 1978;

                (12) robbery, as provided in Section 30-16-2 NMSA 1978;

                (13) aggravated burglary, as provided in Section 30-16-4 NMSA 1978;

                (14) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or

                (15) abuse of a child that results in great bodily harm or death to the child, as provided in Section 30-6-1 NMSA 1978.

          B. Notification of the filing of a delinquency petition pursuant to Subsection A of this section shall become part of a child's school record until the child obtains a high school diploma or a general educational development certificate, at which time the notification of and all reference to the delinquency petition shall be purged from school records.

          C. All reference to a delinquency petition filed concerning a child shall be confidential and not subject to disclosure, except to authorized employees and agents of the school district or private school.

           D. The department and the public education department shall promulgate rules for implementing school notification procedures pursuant to this section."

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