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AN ACT
RELATING TO DOMESTIC VIOLENCE; INCREASING PENALTIES FOR THREE
OR MORE BATTERIES OR AGGRAVATED BATTERIES AGAINST CERTAIN
HOUSEHOLD MEMBERS; PROVIDING A DEFINITION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-3-11 NMSA 1978 (being Laws 1995,
Chapter 221, Section 2) is amended to read:
"30-3-11. DEFINITIONS.--As used in the Crimes Against
Household Members Act:
A. "household member" means a spouse, former
spouse or family member, including a relative, parent,
present or former step-parent, present or former in-law, a
co-parent of a child or a person with whom a person has had a
continuing personal relationship. Cohabitation is not
necessary to be deemed a household member for the purposes of
the Crimes Against Household Members Act; and
B. "continuing personal relationship" means a
dating or intimate relationship."
Section 2. 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,
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insolent or angry manner.
B. Whoever commits battery against a household
member is guilty of a misdemeanor.
C. Upon conviction pursuant to this section, an
offender shall be required to participate in and complete a
domestic violence offender treatment or intervention program
approved by the children, youth and families department
pursuant to rules promulgated by the department that define
the criteria for such programs.
D. 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. If an offender violates a
condition of probation, the court may impose any sentence
that the court could originally have imposed and credit shall
not be given for time served by the offender on probation;
provided that the total period of incarceration shall not
exceed three hundred sixty-four days and the combined period
of incarceration and probation shall not exceed two years."
Section 3. Section 30-3-16 NMSA 1978 (being Laws 1995,
Chapter 221, Section 7, as amended) is amended to read:
"30-3-16. AGGRAVATED BATTERY AGAINST A HOUSEHOLD
MEMBER.--
A. Aggravated battery against a household member
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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. Upon conviction pursuant to Subsection B of
this section, an offender shall be required to participate in
and complete a domestic violence offender treatment or
intervention program approved by the children, youth and
families department pursuant to rules promulgated by the
department that define the criteria for such programs.
E. 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.
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If an offender violates a condition of probation, the court
may impose any sentence that the court could originally have
imposed and credit shall not be given for time served by the
offender on probation; provided that the total period of
incarceration shall not exceed three hundred sixty-four days
and the combined period of incarceration and probation shall
not exceed two years."
Section 4. A new section of the Crimes Against
Household Members Act is enacted to read:
"MULTIPLE CONVICTIONS OF BATTERY OR AGGRAVATED
BATTERY.--
A. Whoever commits three offenses of battery
against a household member as provided in Section 30-3-15
NMSA 1978 or aggravated battery against a household member as
provided in Subsection B of Section 30-3-16 NMSA 1978, or any
combination thereof, when the household member is a spouse, a
former spouse, a co-parent of a child or a person with whom
the offender has had a continuing personal relationship is
guilty of a fourth degree felony.
B. Whoever commits four or more offenses of
battery against a household member as provided in Section
30-3-15 NMSA 1978 or aggravated battery against a household
member as provided in Subsection B of Section 30-3-16 NMSA
1978, or any combination thereof, when the household member
is a spouse, a former spouse, a co-parent of a child or a
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person with whom the offender has had a continuing personal
relationship is guilty of a third degree felony.
C. For the purpose of determining the number of
offenses committed, each offense must have been committed
after conviction for the preceding offense."
Section 5. APPLICABILITY.--The provisions of Section 4
of this act apply to convictions obtained on or after
July 1, 2008.
Section 6. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2008.