HOUSE BILL 462

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Kelly K. Fajardo

AN ACT

RELATING TO DOMESTIC VIOLENCE; ALLOWING WARRANTLESS ARREST AT LOCATIONS OTHER THAN AT THE SCENE OF A DOMESTIC DISTURBANCE IF CERTAIN CONDITIONS ARE MET.

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 and the arrest occurs at the scene of a domestic disturbance or at another location if the arrest is made with reasonable promptness after the domestic disturbance and is reasonably necessary to protect a household member from future domestic abuse. [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) "domestic abuse" has the same meaning as used in the Family Violence Protection Act; and

                (2) "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."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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