SENATE BILL 820

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

INTRODUCED BY

Rod Adair

AN ACT

RELATING TO DOMESTIC VIOLENCE; INCREASING THE PERIOD OF PROBATION FOR CERTAIN DOMESTIC VIOLENCE OFFENDERS.

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

     Section 1. Section 30-3-15 NMSA 1978 (being Laws 1995, Chapter 221, Section 6, as amended) is amended to read:

     "30-3-15. BATTERY AGAINST A HOUSEHOLD MEMBER.--

          A. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner.

          B. Whoever commits battery against a household member is guilty of a misdemeanor.

          C. Notwithstanding any provision of law to the contrary, if a sentence imposed pursuant to this section is suspended or deferred in whole or in part, the period of probation may extend beyond three hundred sixty-four days but may not exceed two years."

     Section 2. Section 30-3-16 NMSA 1978 (being Laws 1995, Chapter 221, Section 7) is amended to read:

     "30-3-16. AGGRAVATED BATTERY AGAINST A HOUSEHOLD MEMBER.--

          A. Aggravated battery against a household member consists of the unlawful touching or application of force to the person of a household member with intent to injure that person or another.

          B. Whoever commits aggravated battery against a household member by inflicting an injury to that person that is not likely to cause death or great bodily harm, but that does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a misdemeanor.

          C. Whoever commits aggravated battery against a household member by inflicting great bodily harm or doing so with a deadly weapon or doing so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.

          D. Notwithstanding any provision of law to the contrary, if a sentence imposed pursuant to the provisions of Subsection B of this section is suspended or deferred in whole or in part, the period of probation may extend beyond three hundred sixty-four days but may not exceed two years."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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