HOUSE BILL 301

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Candy Spence Ezzell

AN ACT

RELATING TO CRIME; AMENDING THE CRIMINAL PROCEDURE ACT TO DEFINE "AT THE SCENE" FOR SITUATIONS WHERE A DOMESTIC DISTURBANCE HAS OCCURRED.

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 a domestic disturbance and has probable cause to believe that the person has committed an assault or a battery upon a household member. [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. No peace officer shall be held criminally or civilly liable for making an arrest pursuant to this section; provided [he] that the officer acts in good faith and without malice.

          C. 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.

          D. As used in this section:

                (1) "at the scene" means:

                     (a) at the actual location of a domestic disturbance; or

                     (b) at a place other than where the domestic disturbance has occurred if: 1) an arrest has been made with reasonable promptness after the domestic disturbance; 2) domestic abuse is suspected to have been a part of the domestic disturbance; and 3) the arrest is reasonably necessary to protect a household member from domestic abuse occurring after the domestic disturbance;

                (2) "domestic abuse" means any incident by a household member against another household member resulting in:

                     (a) physical harm;

                     (b) severe emotional distress;

                     (c) threat causing imminent fear of physical harm by any household member;

                     (d) criminal trespass;

                     (e) criminal damage to property;

                     (f) stalking or aggravated stalking, as provided in Sections 30-3A-3 and 30-3A-3.1 NMSA 1978; or

                     (g) harassment, as provided in Section 30-3A-2 NMSA 1978; and

                (3) "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."

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