HOUSE BILL 423

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

INTRODUCED BY

Mimi Stewart

AN ACT

RELATING TO DOMESTIC ABUSE; PROVIDING FOR AN ARREST WITHOUT A WARRANT WHEN EXIGENT CIRCUMSTANCES SUPPORT THAT ARREST.

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 when the officer [is at the scene of] responds to a domestic disturbance and has probable cause to believe that the person has committed an assault or a battery upon a household member and exigent circumstances support making an immediate arrest.

          B. As used in this section, "household member" means a spouse; former spouse; family member, including a relative, parent, present or former stepparent, 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, 2007.

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