SB0012

SENATE BILL 12

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Antoinette Sedillo Lopez and Pamelya Herndon

AN ACT

RELATING TO DOMESTIC AFFAIRS; RENAMING THE FAMILY VIOLENCE PROTECTION ACT AS THE PROTECTION AGAINST ABUSE AND VIOLENCE ACT; CLARIFYING DEFINITIONS; SPECIFYING THE STANDARD TO BE IMPLEMENTED FOR CERTAIN ORDERS OF PROTECTION; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

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

SECTION 1. Section 1-4-5.1 NMSA 1978 (being Laws 1993, Chapter 314, Section 7 and Laws 1993, Chapter 316, Section 7, as amended) is amended to read:

"1-4-5.1. METHOD OF REGISTRATION--FORM.--

A. A qualified elector may apply for registration using the paper form by mail, in the office of the secretary of state or county clerk or with a registration agent or officer.

B. A person may request certificate of registration forms from the secretary of state or any county clerk in person, by telephone or by mail for that person or for other persons.

C. A qualified elector who wishes to register to vote shall fill out completely and sign the certificate of registration. The qualified elector may seek the assistance of any person in completing the certificate of registration.

D. A qualified elector who has filed for an order of protection pursuant to the provisions of the [Family Violence] Protection Against Abuse and Violence Act and who presents a copy of that order from a state or tribal court to the registration officer shall be referred to the confidential address program administered by the secretary of state pursuant to the Confidential Substitute Address Act.

E. Completed certificates of registration may be mailed or presented in person by the registrant or any other person to the secretary of state, to the county clerk of the county in which the registrant resides or to any other county clerk in this state.

F. If the registrant wishes to vote in the next election, the completed and signed certificate of registration shall be delivered or mailed and postmarked within the time frame provided in Subsection A of Section 1-4-8 NMSA 1978.

G. Within one business day after receipt of a certificate of registration, the secretary of state shall send the certificate to the county clerk in the county where the qualified elector resides. Within one business day after receipt of a certificate of registration of another county, a county clerk shall send the certificate of registration to the county clerk in the county where the qualified elector resides.

H. Only when the certificate of registration is properly filled out, signed by the qualified elector and accepted for filing by the county clerk as evidenced by the county clerk's signature or stamp and the date of acceptance thereon shall it constitute an official public record of the registration of the qualified elector. A qualified elector complies with a voter registration deadline established in the Election Code when a properly filled-out voter registration certificate has been received by a county clerk or the secretary of state, regardless of the date the certificate is processed.

I. The secretary of state shall prescribe the form of the certificate of registration, which form shall be a postpaid mail-in format and shall be printed in Spanish and English. The certificate of registration form shall be clear and understandable to the average person and shall include brief but sufficient instructions to enable the qualified elector to complete the form without assistance. The form shall also include:

(1) the question "Are you a citizen of the United States of America?" and boxes for the applicant to check to indicate whether the applicant is or is not a citizen;

(2) the statement "If you checked 'no', do not complete this form.";

(3) a statement informing the applicant that:

(a) if the form is submitted by mail by the applicant and the applicant is registering for the first time in New Mexico, the applicant must submit with the form a copy of: 1) a photo identification issued by a government or educational institution; or 2) a current utility bill, bank statement, government check, paycheck, student identification card or other government document, including identification issued by an Indian nation, tribe or pueblo, that shows the name and current address of the applicant; and

(b) if the applicant does not submit the required documentary identification, the applicant will be required to do so when voting in person or absentee; and

(4) a statement requiring the applicant to swear or affirm that the information supplied by the applicant is true."

SECTION 2. Section 29-15-2 NMSA 1978 (being Laws 1995, Chapter 146, Section 2, as amended) is amended to read:

"29-15-2. DEFINITIONS.--As used in the Missing Persons Information and Reporting Act:

A. "Brittany alert" means a notification relating to an endangered person:

(1) who is a missing person; and

(2) about whom there is a clear indication that the person has a developmental disability as defined in Subsection A of Section 28-16A-6 NMSA 1978 and that the person's health or safety is at risk;

B. "child" means a person under the age of eighteen years who is not emancipated;

C. "clearinghouse" means the missing persons information clearinghouse;

D. "custodian" means a parent, guardian or other person who exercises legal physical control, care or custody of a child or of an adult with a developmental disability; or a person who performs one or more activities of daily living for an adult;

E. "endangered person" means a missing person who:

(1) is in imminent danger of causing harm to the person's self;

(2) is in imminent danger of causing harm to another;

(3) is in imminent danger of being harmed by another or who has been harmed by another;

(4) has been a victim of a crime as provided in the Crimes Against Household Members Act or in Section 30-3A-3 or 30-3A-3.1 NMSA 1978, or their equivalents in any other jurisdiction;

(5) is or was protected by an order of protection pursuant to the [Family Violence] Protection Against Abuse and Violence Act;

(6) has Alzheimer's disease, dementia or another degenerative brain disorder or a brain injury; or

(7) has a developmental disability as defined in Subsection A of Section 28-16A-6 NMSA 1978 and that person's health or safety is at risk;

F. "immediate family member" means the spouse, nearest relative or close friend of a person;

G. "law enforcement agency" means a law enforcement agency of the state, a state agency or a political subdivision of the state;

H. "lead station" means an AM radio station that has been designated as the "state primary station" by the federal communications commission for the emergency alert system;

I. "missing person" means a person whose whereabouts are unknown to the person's custodian or immediate family member and the circumstances of whose absence indicate that:

(1) the person did not leave the care and control of the custodian or immediate family member voluntarily and the taking of the person was not authorized by law; or

(2) the person voluntarily left the care and control of the custodian without the custodian's consent and without intent to return;

J. "missing person report" means information that is:

(1) given to a law enforcement agency on a form used for sending information to the national crime information center; and

(2) about a person whose whereabouts are unknown to the reporter and who is alleged in the form submitted by the reporter to be missing;

K. "person" means an individual, regardless of age;

L. "possible match" means the similarities between unidentified human remains and a missing person that would lead one to believe they are the same person;

M. "reporter" means the person who reports a missing person;

N. "silver alert" means a notification relating to an endangered person:

(1) who is a missing person; and

(2) who is fifty years or older; or

(3) about whom there is a clear indication that the individual suffers from Alzheimer's disease or another form of dementia, regardless of age;

O. "state agency" means an agency of the state, a political subdivision of the state or a public post-secondary educational institution; and

P. "state registrar" means the employee so designated by the public health division of the department of health pursuant to the Vital Statistics Act."

SECTION 3. Section 30-1-15 NMSA 1978 (being Laws 2002, Chapter 34, Section 1 and Laws 2002, Chapter 35, Section 1, as amended) is amended to read:

"30-1-15. ALLEGED VICTIMS OF DOMESTIC ABUSE, STALKING OR SEXUAL ASSAULT--FORBEARANCE OF COSTS.--

A. An alleged victim of an offense specified in Subsection B of this section is not required to bear the cost of:

(1) the prosecution of a misdemeanor or felony domestic violence offense, including costs associated with filing a criminal charge against an alleged perpetrator of the offense;

(2) the filing, issuance or service of a warrant;

(3) the filing, issuance or service of a witness subpoena; or

(4) the filing, issuance, registration or service of a protection order.

B. The provisions of Subsection A of this section apply to:

(1) alleged victims of domestic abuse as defined in Section 40-13-2 NMSA 1978;

(2) sexual offenses described in Sections 30-9-11 through 30-9-14 and 30-9-14.3 NMSA 1978;

(3) crimes against household members described in Sections 30-3-12 through 30-3-16 NMSA 1978;

(4) harassment, stalking and aggravated stalking described in Sections 30-3A-2 through 30-3A-3.1 NMSA 1978; and

(5) the violation of an order of protection that is issued pursuant to the [Family Violence] Protection Against Abuse and Violence Act or entitled to full faith and credit."

SECTION 4. That version of Section 31-12-12 NMSA 1978 (being Laws 2003, Chapter 387, Section 2, as amended) that is to become effective July 1, 2024 is amended to read:

"31-12-12. DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION FUND CREATED--APPROPRIATION--PROGRAM REQUIREMENTS.--

A. The "domestic violence offender treatment or intervention fund" is created in the state treasury. The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.

B. Balances in the domestic violence offender treatment or intervention fund are appropriated to the children, youth and families department to provide funds to domestic violence offender treatment or intervention programs to defray the cost of providing treatment or intervention to domestic violence offenders. Unexpended or unencumbered balances remaining in the fund at the end of any fiscal year shall not revert to the general fund.

C. Payment out of the domestic violence offender treatment or intervention fund shall be made on vouchers issued and signed by the secretary of children, youth and families upon warrants drawn by the department of finance and administration.

D. In order to be eligible for money from the domestic violence offender treatment or intervention fund, a domestic violence offender treatment or intervention program shall include the following components in its program:

(1) an initial assessment to determine if a domestic violence offender will benefit from participation in the program;

(2) a written contract, which must be signed by the domestic violence offender, that sets forth:

(a) attendance and participation requirements;

(b) consequences for failure to attend or participate in the program; and

(c) a confidentiality clause that prohibits disclosure of information revealed during treatment or intervention sessions;

(3) strategies to hold domestic violence offenders accountable for their violent behavior;

(4) a requirement that group discussions are limited to members of the same gender;

(5) an education component that:

(a) defines physical, emotional, sexual, economic and verbal abuse and techniques for stopping those forms of abuse; and

(b) examines gender roles, socialization, the nature of violence, the dynamics of power and control and the effects of domestic violence on children;

(6) a requirement that a domestic violence offender not be under the influence of alcohol or drugs during a treatment or intervention session;

(7) a requirement, except with respect to a domestic violence offender who is a voluntary participant in the program, that the program provide monthly written reports to the presiding judge or the domestic violence offender's probation or parole officer regarding:

(a) proof of the domestic violence offender's enrollment in the program;

(b) progress reports that address the domestic violence offender's attendance, fee payments and compliance with other program requirements; and

(c) evaluations of progress made by the domestic violence offender and recommendations as to whether or not to require the offender's further participation in the program; and

(8) a requirement that the term of the program be at least fifty-two weeks.

E. Counseling for couples shall not be a component of a domestic violence offender treatment or intervention program.

F. As used in this section, "domestic violence offender" means a person:

(1) convicted for an offense pursuant to the provisions of the Crimes Against Household Members Act;

(2) convicted for violating an order of protection granted by a court pursuant to the provisions of the [Family Violence] Protection Against Abuse and Violence Act;

(3) referred to a domestic violence offender treatment or intervention program by a judge, a domestic violence special commissioner or the parole board; or

(4) who voluntarily participates in a domestic violence offender treatment or intervention program."

SECTION 5. Section 32A-2-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 32, as amended) is amended to read:

"32A-2-3. DEFINITIONS.--As used in the Delinquency Act:

A. "delinquent act" means an act committed by a child that would be designated as a crime under the law if committed by an adult, not including a violation of Section 30-9-2 NMSA 1978, including the following offenses:

(1) any of the following offenses pursuant to municipal traffic codes or the Motor Vehicle Code:

(a) driving while under the influence of intoxicating liquor or drugs;

(b) failure to stop in the event of an accident causing death, personal injury or damage to property;

(d) receiving or transferring of a stolen vehicle or motor vehicle;

(e) homicide by vehicle;

(f) injuring or tampering with a vehicle;

(g) altering or changing of an engine number or other vehicle identification numbers;

(h) altering or forging of a driver's license or permit or any making of a fictitious license or permit;

(i) reckless driving;

(j) driving with a suspended or revoked license; or

(k) an offense punishable as a felony;

(2) buying, attempting to buy, receiving, possessing or being served any alcoholic liquor or being present in a licensed liquor establishment, other than a restaurant or a licensed retail liquor establishment, except in the presence of the child's parent, guardian, custodian or adult spouse. As used in this paragraph, "restaurant" means an establishment where meals are prepared and served primarily for on-premises consumption and that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals. "Restaurant" does not include an establishment, as defined in regulations promulgated by the director of the special investigations unit of the department of public safety, that serves only hamburgers, sandwiches, salads and other fast foods;

(3) a violation of Section 30-29-2 NMSA 1978, regarding the illegal use of a glue, aerosol spray product or other chemical substance;

(4) a violation of the Controlled Substances Act;

(5) escape from the custody of a law enforcement officer or a juvenile probation or parole officer or from any placement made by the department by a child who has been adjudicated a delinquent child;

(6) a violation of Section 30-15-1.1 NMSA 1978 regarding unauthorized graffiti on personal or real property; or

(7) a violation of an order of protection issued pursuant to the provisions of the [Family Violence] Protection Against Abuse and Violence Act;

B. "delinquent child" means a child who has committed a delinquent act;

C. "delinquent offender" means a delinquent child who is subject to juvenile sanctions only and who is not a youthful offender or a serious youthful offender;

D. "detention facility" means a place where a child may be detained under the Children's Code pending court hearing and does not include a facility for the care and rehabilitation of an adjudicated delinquent child;

E. "felony" means an act that would be a felony if committed by an adult;

F. "misdemeanor" means an act that would be a misdemeanor or petty misdemeanor if committed by an adult;

G. "restitution" means financial reimbursement by the child to the victim or community service imposed by the court and is limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical, psychiatric and psychological treatment for injury to a person and lost wages resulting from physical injury, which are a direct and proximate result of a delinquent act. "Restitution" does not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses. As used in this subsection, "victim" means a person who is injured or suffers damage of any kind by an act that is the subject of a complaint or referral to law enforcement officers or juvenile probation authorities. Nothing contained in this definition limits or replaces the provisions of Subsections A and B of Section 32A-2-27 NMSA 1978;

H. "serious youthful offender" means an individual fifteen to eighteen years of age who is charged with and indicted or bound over for trial for first degree murder. A "serious youthful offender" is not a delinquent child as defined pursuant to the provisions of this section;

I. "supervised release" means the release of a juvenile, whose term of commitment has not expired, from a facility for the care and rehabilitation of adjudicated delinquent children, with specified conditions to protect public safety and promote successful transition and reintegration into the community. A juvenile on supervised release is subject to monitoring by the department until the term of commitment has expired and may be returned to custody for violating conditions of release; and

J. "youthful offender" means a delinquent child subject to adult or juvenile sanctions who is:

(1) fourteen to eighteen years of age at the time of the offense and who is adjudicated for at least one of the following offenses:

(a) second degree murder, as provided in Section 30-2-1 NMSA 1978;

(b) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;

(d) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978;

(e) aggravated battery against a household member, as provided in Subsection C of Section 30-3-16 NMSA 1978;

(f) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978;

(g) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978;

(h) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;

(i) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

(j) robbery, as provided in Section

30-16-2 NMSA 1978;

(k) aggravated burglary, as provided in Section 30-16-4 NMSA 1978;

(l) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or

(m) abuse of a child that results in great bodily harm or death to the child, as provided in Section 30-6-1 NMSA 1978;

(2) fourteen to eighteen years of age at the time of the offense, who is adjudicated for any felony offense and who has had three prior, separate felony adjudications within a three-year time period immediately preceding the instant offense. The felony adjudications relied upon as prior adjudications shall not have arisen out of the same transaction or occurrence or series of events related in time and location. Successful completion of consent decrees is not considered a prior adjudication for the purposes of this paragraph; or

(3) fourteen years of age and who is adjudicated for first degree murder, as provided in Section 30-2-1 NMSA 1978."

SECTION 6. Section 34-8A-6 NMSA 1978 (being Laws 1979, Chapter 346, Section 6, as amended) is amended to read:

"34-8A-6. METROPOLITAN COURT--RULES--APPEAL.--

A. The supreme court shall adopt separate rules of procedure for the metropolitan courts. The rules shall provide simple procedures for the just, speedy and inexpensive determination of any metropolitan court action.

B. Other than for actions brought pursuant to the Uniform Owner-Resident Relations Act, the metropolitan court is a court of record for civil actions. Any party aggrieved by a judgment rendered by the metropolitan court in a civil action may appeal to the court of appeals. The manner and method for the appeal shall be set forth by supreme court rule.

C. The metropolitan court is not a court of record for civil actions brought pursuant to the Uniform Owner-Resident Relations Act. Any party aggrieved by a judgment rendered by the metropolitan court in a civil action brought pursuant to the Uniform Owner-Resident Relations Act may appeal to the district court of the county in which the metropolitan court is located within fifteen days after the judgment was rendered. The appeal shall be de novo.

D. The metropolitan court is a court of record for criminal actions involving driving while under the influence of intoxicating liquor or drugs or involving domestic violence. A criminal action involving domestic violence means an assault or battery under any state law or municipal or county ordinance in which the alleged victim is a household member as defined in the [Family Violence] Protection Against Abuse and Violence Act. Any party aggrieved by a judgment rendered by the metropolitan court in a criminal action involving driving while under the influence of intoxicating liquor or drugs or involving domestic violence may appeal to the court of appeals. The manner and method of appeal shall be set forth by supreme court rule.

E. The metropolitan court is not a court of record for criminal actions other than driving while under the influence of intoxicating liquor or drugs or domestic violence actions. Any party aggrieved by a judgment rendered by the metropolitan court in a criminal action, other than driving while under the influence of intoxicating liquor or drugs or domestic violence action, may appeal to the district court of the county in which the metropolitan court is located within fifteen days after the judgment was rendered. The appeal shall be de novo.

F. All judgments rendered in civil actions in the metropolitan court shall be subject to the same provisions of law as those rendered in district court."

SECTION 7. Section 40-4-7.2 NMSA 1978 (being Laws 1999, Chapter 123, Section 1) is amended to read:

"40-4-7.2. BINDING ARBITRATION OPTION--PROCEDURE.--

A. Parties to an action for divorce, separation, custody or time-sharing, child support, spousal support, marital property and debt division or attorney fees related to such matters, including any post-judgment proceeding, may stipulate to binding arbitration by a signed agreement that provides for an award with respect to one or more of the following issues:

(1) valuation and division of real and personal property;

(2) child support, custody, time-sharing or visitation;

(3) spousal support;

(4) costs, expenses and attorney fees;

(5) enforceability of prenuptial and post-nuptial agreements;

(6) determination and allocation of responsibility for debt as between the parties;

(7) any civil tort claims related to any of the foregoing; or

(8) other contested domestic relations matters.

B. A court may not order a party to participate in arbitration except to the extent a party has agreed to participate pursuant to a written arbitration agreement. When the party involved is a minor, [then his] the minor's parent must consent to arbitration. When the party involved is a minor with a guardian ad litem, the guardian ad litem must provide written consent. When the party involved is a minor without a guardian ad litem, [then] in order for arbitration to proceed the court must find that arbitration is in the best interest of the minor.

C. Arbitration pursuant to this section shall be heard by one or more [arbitrator] arbitrators. The court shall appoint an arbitrator agreed to by the parties if the arbitrator consents to the appointment.

D. If the parties have not agreed to an arbitrator, the court shall appoint an arbitrator who:

(1) is an attorney in good standing with the state bar of New Mexico;

(2) has practiced as an attorney for not less than five years immediately preceding the appointment and actively practiced in the area of domestic relations during three of those five years. Any period of time during which a person serves as a judge, special master or child support hearing officer is considered as actively practicing in the area of domestic relations; or

(3) is another professional licensed and experienced in the subject matter that is the area of the dispute.

E. An arbitrator [appointed pursuant to this section] is immune from liability in regard to the arbitration proceeding to the same extent as the judge who has jurisdiction of the action [that is] submitted to arbitration.

F. Objections to the qualifications of an arbitrator must be raised in connection with the appointment by the court or they are waived. The court will permit parties to raise objections based on qualifications within ten days of appointment of an arbitrator. Parties who agree on an arbitrator waive objections to [his] the arbitrator's qualifications.

G. An arbitrator appointed pursuant to this section:

(1) shall hear and make an award on each issue submitted for arbitration pursuant to the arbitration agreement subject to the provisions of the agreement; and

(2) has all of the following powers and duties:

(a) to administer an oath or issue a subpoena as provided by court rule;

(b) to issue orders regarding discovery proceedings relative to the issues being arbitrated, including appointment of experts; and

(c) to allocate arbitration fees and expenses between the parties, including imposing a fee or expense on a party or attorney as a sanction for failure to provide information, subject to provisions of the arbitration agreement.

H. An arbitrator, attorney or party in an arbitration proceeding [pursuant to this section] shall disclose in writing any circumstances that may affect an arbitrator's impartiality, including bias, financial interests, personal interests or family relationships. Upon disclosure of such a circumstance, a party may request disqualification of the arbitrator. If the arbitrator does not withdraw within seven days after a request for disqualification, the party may file a motion for disqualification with the court.

I. If the court finds that the arbitrator is disqualified, the court may appoint another arbitrator, subject to the provisions of the arbitration agreement.

J. As soon as practicable after the appointment of the arbitrator, the parties and attorneys shall confer with the arbitrator to consider all of the following:

(1) scope of the issues submitted;

(2) date, time and place of the hearing;

(3) witnesses, including experts, who may testify;

(4) appointment of experts and a schedule for exchange of expert reports or summary of expert testimony; and

(5) subject to the provisions of Subsection K of this section, exhibits, documents or other information each party considers material to the case and a schedule for production or exchange of the information. An objection not made before the hearing to production or lack of production of information is waived.

K. The arbitrator shall order reasonable access to information for each party that is material to the arbitration issues prior to the hearing, including the following:

(1) a current complete sworn financial disclosure statement, when financial matters are at issue;

(2) if a court has issued an order concerning an issue subject to arbitration, a copy of the order;

(3) any relevant documents related to the arbitration issues defined by the arbitrator;

(4) proposed award by each party for each issue subject to arbitration; and

(5) expert opinions of experts to be used by either party or appointed by the arbitrator.

L. Except as otherwise provided by this section, court rule or the arbitration agreement, a record shall not [ordinarily] be made of an arbitration hearing [pursuant to this section] unless either party requests it. If a record is not required, an arbitrator may make a record to be used only by the arbitrator to aid in reaching the decision.

M. Unless waived by the parties, a record shall be made of that portion of the hearing that concerns child custody, visitation or time-sharing.

N. The arbitration agreement may set forth any standards on which an award should be based, including the law to be applied. An arbitration agreement shall provide that in deciding child support issues, the arbitrator shall apply Section 40-4-11.1 NMSA 1978 when setting or modifying a child support order.

O. Unless otherwise agreed to by the parties and arbitrator in writing or on the record, the arbitrator shall issue the written award on each issue within sixty days after the end of the hearing and after receipt of proposed findings of fact and conclusions of law if requested by the arbitrator.

P. If the parties reach an agreement regarding child custody, time-sharing or visitation, the agreement shall be placed on the record by the parties under oath and shall be included in the arbitrator's written award.

Q. The arbitrator retains jurisdiction to correct errors or omissions in an award upon motion by a party to the arbitrator within twenty days after the award is issued or upon the arbitrator's own motion. Another party to the arbitration may respond to the motion within seven days after the motion is made. The arbitrator shall make a decision on the motion within seven days after the expiration of the response time period.

R. The court shall enforce an arbitrator's award or other order [issued pursuant to this section] in the same manner as an order issued by the court. A party may make a motion to the court to enforce an arbitrator's award or order.

S. [Any] A party in an action that was submitted to arbitration [pursuant to this section] shall file with the court a stipulated order or a motion to enforce the award within twenty-one days after the arbitrator's award is issued unless otherwise agreed to by the parties in writing or unless the arbitrator or court grants an extension.

T. If a party applies to the court for vacation of an arbitrator's award [in binding arbitration issued pursuant to this section] that concerns child custody, time-sharing or visitation, the court shall review the award [based] using only [upon] the record of the arbitration hearing and factual matters that have arisen since the arbitration hearing that are relevant to the claim. The court may vacate an award of custody, time-sharing or visitation made in binding arbitration if the court finds that circumstances have changed since issuance of the award that are adverse to the best interests of the child, upon a finding that the award will cause harm or be detrimental to a child or pursuant to Subsections U and V of this section. An arbitration agreement may provide a broader scope of review of custody, time-sharing or visitation issues by the court, and such review will apply if broader than this section.

U. If a party applies to the court for vacation or modification of an arbitrator's award [issued pursuant to this section], the court shall review the award only as provided in Subsections T and V of this section.

V. [If a party applies under this section] The court may vacate, modify or correct an award under any of the following circumstances:

(1) the award was procured by corruption, fraud or other undue means;

(2) there was evident partiality by an arbitrator or misconduct prejudicing a party's rights;

(3) the arbitrator exceeded [his] the arbitrator's powers; or

(4) the arbitrator refused to postpone the hearing on a showing of sufficient cause or refused to hear evidence substantial and material to the controversy.

W. An application to vacate an award on grounds stated in Subsections [U] T and V of this section shall be decided by the court. If an award is vacated on grounds stated in Paragraph (3) or (4) of Subsection V of this section, the court may order a rehearing before the arbitrator who made the award when both parties consent to the rehearing before the arbitrator who made the award.

X. An appeal from an arbitration award [pursuant to this section] that the court confirms, vacates, modifies or corrects shall be taken in this same manner as from an order or judgment in other domestic relations actions.

Y. No arbitrator may decide issues of a criminal nature or make decisions on petitions pursuant to the [Family Violence] Protection Against Abuse and Violence Act."

SECTION 8. Section 40-13-1 NMSA 1978 (being Laws 1987, Chapter 286, Section 1, as amended) is amended to read:

"40-13-1. SHORT TITLE.--Chapter 40, Article 13 NMSA 1978 may be cited as the "[Family Violence] Protection Against Abuse and Violence Act"."

SECTION 9. Section 40-13-2 NMSA 1978 (being Laws 1987, Chapter 286, Section 2, as amended) is amended to read:

"40-13-2. DEFINITIONS.--As used in the [Family Violence] Protection Against Abuse and Violence Act:

A. "abuse" means:

(1) an incident or pattern of stalking or sexual assault, whether committed by a household member or not; or

(2) an incident or pattern of behavior by a household member against another household member consisting of or resulting in:

(a) physical harm or temporary or permanent bodily injury;

(b) battery, assault or threats causing imminent fear of abuse;

(d) severe emotional distress that may include fear, depression, anxiety or loss of sleep;

(e) harassment or intimidation that may include repeatedly driving by a residence or workplace for no lawful purpose or following in public places;

(f) telephone harassment, internet harassment or harassment through other digital or electronic means;

(g) kidnapping, false imprisonment or restricting or prohibiting movement;

(h) interference with communication;

(i) exploitation or forced criminal activity;

(j) criminal damage to or deprivation of real or personal property or damage to jointly owned or community property;

(k) harm or threatened harm to children;

(l) harm or threatened harm to an animal;

(m) unauthorized distribution of sensitive images;

(n) criminal trespass; or

(o) threats to disclose immigration status;

[A.] B. "continuing personal relationship" means a dating or intimate relationship;

[B.] C. "co-parents" means persons who have a child in common, regardless of whether they have been married or have lived together at any time;

[C.] D. "court" means the district court of the judicial district where an alleged victim of [domestic] abuse resides or is found or where the alleged abuse occurred;

[D. "domestic abuse":

(1) means an incident of stalking or sexual assault whether committed by a household member or not;

(2) means an incident by a household member against another household member consisting of or resulting in:

(a) physical harm;

(b) severe emotional distress;

(d) a threat causing imminent fear of bodily injury by any household member;

(e) criminal trespass;

(f) criminal damage to property;

(g) repeatedly driving by a residence or work place;

(h) telephone harassment;

(i) harassment;

(j) strangulation;

(k) suffocation; or

(l) harm or threatened harm to children as set forth in this paragraph; and

(3) does not mean the use of force in self-defense or the defense of another;]

E. "credible threat" means a condition or situation that causes a reasonable person, based on the totality of the circumstances, to fear for the person's physical safety or for the physical safety of another and may be demonstrated by evidence of a statement, an act or a course of conduct attributed to the respondent and does not require the use or threatened use of a firearm;

[E.] F. "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame or receiver of any such weapon;

[F.] G. "household member" means a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child or a person with whom the petitioner has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section;

[G.] H. "law enforcement officer" means a public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes;

[H. "mutual order of protection" means an order of protection that includes provisions that protect both parties;]

I. "order of protection" means an injunction or a restraining or other court order granted for the protection of a victim of [domestic] abuse;

J. "protected party" means a person protected by an order of protection;

K. "restrained party" means a person who is restrained by an order of protection;

L. "strangulation" has the same meaning as set forth in Section 30-3-11 NMSA 1978; and

M. "suffocation" has the same meaning as set forth in Section 30-3-11 NMSA 1978."

SECTION 10. Section 40-13-3 NMSA 1978 (being Laws 1987, Chapter 286, Section 3, as amended) is amended to read:

"40-13-3. PETITION FOR ORDER OF PROTECTION--CONTENTS--STANDARD FORMS.--

A. A victim of [domestic] abuse may petition the court under the [Family Violence] Protection Against Abuse and Violence Act for an order of protection.

B. The petition shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the alleged [domestic] abuse.

C. The petition shall state whether any [other] domestic action is pending between the petitioner and the respondent.

D. [If any other domestic action is pending between the petitioner and the respondent] The parties shall not be compelled to mediate any aspect of the case arising from the [Family Violence] Protection Against Abuse and Violence Act unless the court finds that appropriate safeguards exist to protect each of the parties and that both parties can fairly mediate with such safeguards.

E. An action brought under the [Family Violence] Protection Against Abuse and Violence Act is independent of any [proceeding for annulment, separation or divorce between the parties] civil case involving the parties, including a proceeding for annulment, separation or divorce, and a criminal case involving the parties that did not arise from a violation of the Protection Against Abuse and Violence Act.

F. Remedies granted pursuant to the [Family Violence] Protection Against Abuse and Violence Act are in addition to and shall not limit other civil or criminal remedies available to the parties.

G. Standard simplified petition forms with instructions for completion shall be available to all parties. Law enforcement agencies shall keep such forms and make them available upon request to alleged victims of [domestic] abuse.

H. The petitioner shall notify the court if the petitioner's or respondent's primary language is a language other than English and, upon receipt of that notice, the clerk of the court shall arrange for necessary translation or interpretation services to be provided.

I. An order of protection may be issued to protect or restrain a minor.

J. A minor who is thirteen years of age or older and a victim of abuse may petition the court for an order of protection on the minor's own behalf if the minor files a petition:

(1) for protection against the minor's co-parent or a person with whom the minor has had a continuing personal relationship; or

(2) that contains allegations of stalking or sexual assault."

SECTION 11. Section 40-13-3.1 NMSA 1978 (being Laws 1995, Chapter 176, Section 1, as amended) is amended to read:

"40-13-3.1. FORBEARANCE OF COSTS [ASSOCIATED WITH DOMESTIC ABUSE OFFENSES].--

A. An alleged victim of [domestic] abuse shall not be required to bear the cost of:

(1) the prosecution of a misdemeanor or felony offense arising out of an incident of [domestic] abuse, including costs associated with filing a criminal charge against the alleged perpetrator of the abuse;

(2) the filing, issuance or service of a warrant;

(3) the filing, issuance or service of a witness subpoena;

(4) the filing, issuance or service of a petition for an order of protection;

(5) the filing, issuance or service of an order of protection; or

(6) obtaining law enforcement reports or photographs or copies of photographs relating to the alleged abuse or pattern of abuse.

B. No witness fee shall be charged where prohibited by federal law."

SECTION 12. Section 40-13-3.2 NMSA 1978 (being Laws 1999, Chapter 142, Section 2, as amended) is amended to read:

"40-13-3.2. [EX PARTE] EMERGENCY ORDERS OF PROTECTION.--

A. [The district court may issue an ex parte written emergency order of protection when a law enforcement officer states to the court in person, by telephone or via facsimile and files a sworn written statement, setting forth the need for an emergency order of protection, and the court finds reasonable grounds to believe that the alleged victim or the alleged victim's child is in immediate danger of domestic abuse following an incident of domestic abuse. The written statement shall include the location and telephone number of the alleged perpetrator, if known.] A law enforcement officer may request an emergency order of protection by written petition to the court or orally in person, by telephone or by other electronic or digital means. The law enforcement officer shall inform the victim that an officer may petition the court for an emergency order of protection on the victim's behalf. The petition shall set forth the need for the emergency order of protection and, if known, include the location and telephone number of the alleged perpetrator. A criminal complaint does not have to be filed in order for a law enforcement officer to request an emergency order of protection. The court may issue an emergency order of protection when the court finds reasonable grounds that the alleged victim and any other household members are in immediate danger or that an act of abuse has occurred or may occur.

B. A law enforcement officer who receives an emergency order of protection, whether in writing [by telephone, or by facsimile transmission] or orally in person, by telephone or by other electronic or digital means, from the court shall:

(1) if necessary, pursuant to the judge's oral approval, write and sign the order on an approved form;

(2) if possible, immediately serve a signed copy of the order on the restrained party and complete the appropriate affidavit of service;

(3) immediately provide the protected party with a written signed copy of the order; and

(4) provide the original order to the court by the close of business on the next [judicial] day the court is open.

C. The court may grant the following relief in an emergency order of protection upon a probable cause finding that [domestic] abuse has occurred:

(1) enjoin the restrained party from threatening to commit or committing acts of [domestic] abuse against the protected party or any designated household members;

(2) enjoin the restrained party from any contact with the protected party, including harassing, telephoning, contacting or otherwise communicating with the protected party; and

(3) grant temporary custody of any minor child in common with the parties to the protected party, if necessary.

D. A district judge shall be available [as determined by] in each judicial district to hear petitions for emergency orders of protection at all times.

E. An emergency order of protection expires seventy-two hours after issuance or at the end of the next [judicial] day the court is open, whichever time is latest. The expiration date shall be clearly stated on the emergency order of protection.

F. A person may appeal the issuance of an emergency order of protection to the court that issued the order. An appeal may be heard as soon as the [judicial] next day the court is open following the issuance of the order.

G. Upon a proper petition, a [district] court may issue a temporary order of protection that is based upon the same incident of [domestic] abuse that was alleged in an emergency order of protection.

H. Emergency orders of protection are enforceable in the same manner as other orders of protection issued pursuant to the provisions of the [Family Violence] Protection Against Abuse and Violence Act."

SECTION 13. Section 40-13-4 NMSA 1978 (being Laws 1987, Chapter 286, Section 4, as amended) is amended to read:

"40-13-4. TEMPORARY ORDER OF PROTECTION--HEARING--DISMISSAL.--

A. Upon the filing of a petition for an order of protection, the court shall:

(1) [immediately grant] on the same day, issue an ex parte temporary order of protection without bond if there is probable cause from the specific facts shown by the affidavit or by the petition to give the judge reason to believe that an act of [domestic] abuse has occurred or that there is immediate danger of abuse;

(2) cause the temporary order of protection together with notice of hearing to be served immediately on the alleged perpetrator of the [domestic] abuse; and

(3) within ten days after the granting of the temporary order of protection, hold a hearing on the question of continuing the order. [or

(4) if an ex parte order is not granted, serve notice to appear upon the parties and hold a hearing on the petition for order of protection within seventy-two hours after the filing of the petition; provided if notice of hearing cannot be served within seventy-two hours, the temporary order of protection shall be automatically extended for ten days.]

B. [If the court grants a] In the temporary order of protection, [it may award temporary custody and visitation of any children involved when appropriate] the court shall:

(1) enjoin the restrained party from committing or threatening to commit acts of abuse against the protected party or member of the protected party's household;

(2) enjoin the restrained party from any contact or communication with the protected party; and

(3) when appropriate, award temporary custody and visitation or supervised visitation with any children and give primary consideration to the safety of the protected party and the children.

C. Except for petitions alleging stalking or sexual assault, if the court finds that the alleged perpetrator is not a household member, the court shall dismiss the petition.

D. If, upon review of a petition for an order of protection, the court does not have sufficient information to find or does not find probable cause to believe that an act of abuse has occurred, the court shall hold a hearing within seventy-two hours to allow the petitioner to provide additional information to the court. Personal service is not required to conduct a seventy-two-hour hearing. At the conclusion of the hearing, the court shall issue either a temporary order of protection or an order dismissing the petition."

SECTION 14. Section 40-13-5 NMSA 1978 (being Laws 1987, Chapter 286, Section 5, as amended) is amended to read:

"40-13-5. ORDER OF PROTECTION--CONTENTS--REMEDIES--TITLE TO PROPERTY NOT AFFECTED [MUTUAL ORDER OF PROTECTION].--

A. Upon finding that [domestic] abuse has occurred or that there is immediate danger of abuse or upon stipulation of the parties, the court shall enter an order of protection on the same day ordering the restrained party [to]:

(1) to refrain from abusing the protected party or any other household member; and

(2) if the order is issued pursuant to this section and if the court also determines that the restrained party presents a credible threat to the physical safety of the household member after the restrained party has received notice and had an opportunity to be heard or by stipulation of the parties, to:

(a) deliver any firearm in the restrained party's possession, care, custody or control to a law enforcement agency, law enforcement officer or federal firearms licensee while the order of protection is in effect; and

(b) refrain from purchasing, receiving, or possessing or attempting to purchase, receive or possess any firearm while the order of protection is in effect.

B. In an order of protection entered pursuant to Subsection A of this section, the court shall specifically describe the acts the court has ordered the restrained party to do or refrain from doing. As a part of any order of protection, the court [may]:

(1) may grant sole possession of the residence or household to the protected party during the period the order of protection is effective or order the restrained party to provide temporary suitable alternative housing for the protected party and any children to whom the restrained party owes a legal obligation of support;

(2) may award temporary custody of any children involved when appropriate and provide for visitation rights, child support and temporary support for the protected party on a basis that gives primary consideration to the safety of the protected party and the children; provided that any child custody and visitation order issued with the order of protection may only be effective for a period of six months. Any custody or visitation order may be extended for good cause shown for no longer than an additional six months;

(3) may issue the order of protection between the parties for a period of time independent of any custody or property action;

[(3)] (4) may order that the restrained party shall not initiate contact with the protected party;

[(4)] (5) may restrain a party from transferring, concealing, encumbering or otherwise disposing of the other party's property or the joint property of the parties except in the usual course of business or for the necessities of life and require the parties to account to the court for all such transferences, encumbrances and expenditures made after the order is served or communicated to the restrained party;

(6) may grant to a party the exclusive or shared possession and control of any animal kept, owned or leased by either party or by the minor child or minor children residing in the household of either party. The court may order a party to stay away from the animal and may forbid a party from taking, transferring, concealing, mistreating, harming or disposing of the animal;

[(5)] (7) may order the restrained party to reimburse the protected party or any other household member for expenses reasonably related to the occurrence of [domestic] abuse, including medical expenses, counseling expenses, the expense of seeking temporary shelter, expenses for the replacement or repair of damaged property or the expense of lost wages;

[(6)] (8) may order the restrained party to participate in, at the restrained party's expense, professional counseling programs deemed appropriate by the court, including counseling programs for perpetrators of [domestic] abuse, alcohol abuse or abuse of controlled substances; [and]

[(7)] (9) may order other injunctive relief as the court deems necessary for the protection of a party, including orders to law enforcement agencies as provided by this section; and

(10) shall not order that the protected party participate in treatment or counseling related to abuse.

C. The order of protection shall contain notice that violation of any provision of the order of protection is a violation of state law and that federal law, 18 U.S.C. 922, et seq., prohibits possession of firearms by certain persons. When appropriate, the order of protection shall also contain notice that all restrained parties are prohibited from owning or possessing a firearm while the order of protection is in effect. Firearms prohibitions shall apply to stipulated orders and to contested orders when the respondent has been served with notice of the hearing and has had the opportunity to participate.

D. If the order of protection supersedes or alters prior orders of the court pertaining to domestic matters between the parties, the order shall say so on its face. If an action relating to child custody or child support is pending or has concluded with entry of an order at the time the petition for an order of protection was filed, the court may enter an initial order of protection, but the portion of the order dealing with child custody or child support will then be transferred to the court that has or continues to have jurisdiction over the pending or prior custody or support action.

[E. A mutual order of protection shall be issued only in cases where both parties have petitioned the court and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense.

F.] E. No order issued under the [Family Violence] Protection Against Abuse and Violence Act shall affect title to any property or allow a party to transfer, conceal, encumber or otherwise dispose of another party's property or the joint or community property of the parties.

[G.] F. Either party may request a review hearing to amend an order of protection. An order of protection involving child custody or support may be modified without proof of a substantial or material change of circumstances.

[H.] G. An order of protection shall not be issued unless a petition or a counter petition has been filed.

H. An order of protection may be issued against a party who has been served with a copy of a petition for an order of protection and a notice to appear and has had an opportunity to participate; provided that the proof of service is in the court file. If a party fails to appear at the ten-day hearing in which an order of protection is issued, the court shall mail a copy of the order to the party's address of record."

SECTION 15. Section 40-13-5.1 NMSA 1978 (being Laws 2016, Chapter 32, Section 1 and Laws 2016, Chapter 33, Section 1) is amended to read:

"40-13-5.1. EXTENDED ORDER OF PROTECTION.--

A. In the sentencing proceeding for a person convicted of criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978, a prosecutor may request that the criminal court grant the victim an order of protection to remain in effect for the duration of the criminal court's jurisdiction over the person.

B. At any time after the expiration of a criminal court's jurisdiction over a person against whom an order of protection was granted pursuant to a request pursuant to Subsection A of this section, the victim may:

(1) file a petition for an order of protection against the person; and

(2) submit evidence of the person's conviction for criminal sexual penetration, including out-of-state, as cause for the court to grant the order of protection.

C. Based on evidence submitted pursuant to Subsection B of this section, a court may take judicial notice of the facts that led to a person's conviction for criminal sexual penetration and a victim shall not be required to appear before the court on the victim's petition for an order of protection; provided, however, that another person may appear on the victim's behalf.

D. A court may grant an order of protection pursuant to this section for any length of time, including for a victim's lifetime.

E. Notwithstanding the provisions of Subsection C of Section 40-13-6 NMSA 1978, an order of protection granted pursuant to this section shall continue until the expiration provided in the order, if any, or until modified or rescinded upon a motion by the [victim] protected party."

SECTION 16. Section 40-13-6 NMSA 1978 (being Laws 1987, Chapter 286, Section 6, as amended) is amended to read:

"40-13-6. SERVICE OF ORDER--DURATION--PENALTY--REMEDIES NOT EXCLUSIVE.--

A. An order of protection granted under the [Family Violence] Protection Against Abuse and Violence Act shall be filed with the clerk of the court, and a copy shall be sent by the clerk to the local law enforcement agency. The order shall be [personally served upon the restrained party, unless the restrained party or the restrained party's attorney was present at the time the order was issued] provided to the parties or the parties' attorneys. The order shall be filed and [served] provided to the parties and a local law enforcement agency without cost to the protected party.

B. A local law enforcement agency receiving an order of protection from the clerk of the court that was issued under the [Family Violence] Protection Against Abuse and Violence Act shall have the order entered in the national crime information center's order of protection file within seventy-two hours of receipt. This does not include temporary orders of protection entered pursuant to the provisions of Section 40-13-4 NMSA 1978.

C. An order of protection [granted by the court involving custody or support shall be effective for a fixed period of time not to exceed six months. The order may be extended for good cause upon motion of the protected party for an additional period of time not to exceed six months. Injunctive orders shall continue until modified or rescinded upon motion by either party or until the court approves a subsequent consent agreement entered into by the parties] issued by the court may be in effect for a fixed period of time of any length; provided that the court deems the period of time appropriate to protect the safety of the protected party. Upon motion and after a hearing, an existing order of protection that may expire may be extended for good cause shown.

D. A [peace] law enforcement officer may arrest without a warrant and take into custody a restrained party [whom] who the [peace] officer has probable cause to believe has violated an order of protection that is issued pursuant to the [Family Violence] Protection Against Abuse and Violence Act or entitled to full faith and credit.

E. A restrained party convicted of violating an order of protection granted by a court under the [Family Violence] Protection Against Abuse and Violence Act is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978. Upon a second or subsequent conviction, an offender shall be sentenced to a jail term of not less than seventy-two consecutive hours that shall not be suspended, deferred or taken under advisement.

F. In addition to any other punishment provided in the [Family Violence] Protection Against Abuse and Violence Act, the court shall order a person convicted to make full restitution to the party injured by the violation of an order of protection and shall order the person convicted to participate in and complete a [program of professional counseling] domestic violence offender treatment or intervention program or other relevant treatment or intervention program, at the person's own expense, if possible.

G. In addition to charging the person with violating an order of protection, a [peace] law enforcement officer shall file all other possible criminal charges arising from an incident of [domestic] abuse when probable cause exists.

H. The remedies provided in the [Family Violence] Protection Against Abuse and Violence Act are in addition to any other civil or criminal remedy available to the protected party or the state."

SECTION 17. Section 40-13-7 NMSA 1978 (being Laws 1987, Chapter 286, Section 7, as amended) is amended to read:

"40-13-7. LAW ENFORCEMENT OFFICERS--EMERGENCY ASSISTANCE--LIMITED LIABILITY--PROVIDING NOTIFICATION TO VICTIMS WHEN AN ALLEGED PERPETRATOR IS RELEASED FROM DETENTION--STATEMENT IN JUDGMENT AND SENTENCE DOCUMENT.--

A. A person who allegedly has been a victim of [domestic] abuse may request the assistance of a local law enforcement agency.

B. A local law enforcement officer responding to the request for assistance shall be required to take whatever steps are reasonably necessary to protect the victim and other household members from further [domestic] abuse, including:

(1) [advising] informing the victim of the remedies available under the [Family Violence] Protection Against Abuse and Violence Act; the right to file a written statement, a criminal complaint and a request for an arrest warrant; and the availability of [domestic violence] shelters, medical care, counseling and other services;

(2) upon the request of the victim, providing or arranging for transportation of the victim to a medical facility or place of shelter;

(3) upon the request of the victim, accompanying the victim to the victim's residence to obtain the victim's clothing and personal effects required for immediate needs and the clothing and personal effects of any children then in the care of the victim;

(4) upon the request of the victim, [assist] assisting in placing the victim in possession of the dwelling or premises or otherwise assist in execution, enforcement or service of an order of protection;

(5) arresting the alleged perpetrator [when appropriate] and including a written statement in the [attendant] police report to indicate that the arrest of the alleged perpetrator was [in whole or in part, premised] based upon probable cause to believe that the alleged perpetrator committed [domestic] abuse against the victim. [and, when appropriate] A law enforcement officer, in making arrests for abuse, shall identify whether one of the parties acted in self-defense and indicate that the party arrested was the predominant aggressor; [and]

(6) [advising] informing the victim [when appropriate] of the procedure for initiating proceedings under the [Family Violence] Protection Against Abuse and Violence Act or criminal proceedings and of the importance of preserving evidence, including digital evidence; and

(7) identifying and documenting in the criminal complaint and incident report names and relationships between people present at the incident, including any additional victims or witnesses.

C. The jail or detention center shall make [a] reasonable [attempt] efforts to notify the arresting law enforcement agency or officer and victim when the alleged perpetrator of abuse, stalking or sexual assault or a restrained party in violation of an order of protection escapes from custody, is released from custody or is transferred to another facility. The arresting law enforcement agency shall make [a] reasonable [attempt] efforts to notify the victim that the alleged perpetrator is released from custody.

D. Any law enforcement officer responding to a request for assistance under the [Family Violence] Protection Against Abuse and Violence Act is immune from civil liability to the extent allowed by law. Any jail, detention center or law enforcement agency that makes a reasonable attempt to provide notification that an alleged perpetrator is released from custody is immune from civil liability to the extent allowed by law.

E. A statement shall be included in a judgment and sentence document to indicate when a conviction results from the commission of [domestic] abuse."

SECTION 18. Section 40-13-7.1 NMSA 1978 (being Laws 2005, Chapter 281, Section 1) is amended to read:

"40-13-7.1. [MEDICAL PERSONNEL] HEALTH CARE PROFESSIONALS--DOCUMENTATION OF [DOMESTIC] ABUSE.--

A. When [medical personnel who are] a health care professional who is interviewing, examining, attending or treating a person:

(1) [receive] receives a report from the person of an act of [domestic] abuse, the [medical personnel] health care professional shall document the nature of the abuse and the name of the alleged perpetrator of the abuse, if disclosed, in the person's medical file and shall provide the person with information about and referral to services for victims of [domestic] abuse; or

(2) [may have] has reason to believe or suspect that the person is a victim of [domestic] abuse, the [medical personnel] health care professional shall provide the person with information about and referral to services for victims of [domestic] abuse.

B. Medical and other health-care-related information or communications concerning [domestic] abuse of a person obtained by or from [medical personnel] a health care professional during the course of an interview, examination, diagnosis or treatment are confidential communications unless released:

(1) with the prior written consent of the person;

(2) pursuant to a court order; or

(3) when necessary to provide treatment, payment and operations in accordance with the federal Health Insurance Portability and Accountability Act of 1996.

C. As used in this section, "[medical personnel] health care professional" means:

(1) a licensed health care [practitioners] practitioner who interviews, examines, attends or treats patients;

[(2) licensed emergency medical technicians;

(3) health care practitioners who interview, examine, attend or treat a person and who are under the guidance or supervision of licensed health care practitioners; and

(4) residents and interns;]

(2) a person who works under the guidance and supervision of a licensed health care practitioner;

(3) a health care practitioner in training, including a student, a resident and an intern; and

(4) a licensed emergency medical technician."

SECTION 19. Section 40-13-9 NMSA 1978 (being Laws 2005, Chapter 30, Section 1) is amended to read:

"40-13-9. DOMESTIC VIOLENCE SPECIAL COMMISSIONERS--APPOINTMENT--QUALIFICATIONS.--

A. A domestic violence special commissioner shall be appointed by and serve at the pleasure of the chief judge of the judicial district to which the officer is assigned.

B. A domestic violence special commissioner shall:

(1) be an attorney licensed to practice law in New Mexico;

(2) have a minimum of three years experience in the practice of law and be knowledgeable in the area of domestic relations and domestic violence matters; and

(3) conform to Canons 21-100 through [21-500 and 21-700] 21-400 of the Code of Judicial Conduct as adopted by the supreme court. Violation of any such canon shall be grounds for dismissal of any domestic violence special commissioner."

SECTION 20. Section 40-13-10 NMSA 1978 (being Laws 2005, Chapter 30, Section 2) is amended to read:

"40-13-10. SPECIAL COMMISSIONERS--POWERS--DUTIES.--

A. A domestic violence special commissioner shall perform the following duties in carrying out the provisions of the [Family Violence] Protection Against Abuse and Violence Act:

(1) review [petitions] every petition for [orders] an order of protection and all motions to enforce, modify or terminate orders of protection or motions to show cause;

(2) if deemed necessary, interview petitioners. Any interview shall be on the record;

(3) conduct hearings on the merits of petitions for orders of protection and motions to enforce, modify or terminate orders of protection or motions to show cause; and

(4) prepare recommendations to the [district] court regarding petitions for orders of protection and motions to enforce, modify or terminate orders of protection or motions to show cause.

B. All orders must be signed by a district court judge before the recommendations of a domestic violence special commissioner become effective. The recommendation of the commissioner shall be reviewed and signed on the same day of the hearing."

SECTION 21. Section 40-13-12 NMSA 1978 (being Laws 2008, Chapter 40, Section 10) is amended to read:

"40-13-12. LIMITS ON INTERNET PUBLICATION.--A state agency, court or political subdivision of the state, including a magistrate or municipal court, judicial district, law enforcement agency, county, municipality or home-rule municipality, shall not make available publicly on the internet any information [that would likely reveal the identity or location of the party protected under an order of protection] regarding the registration or filing of a petition for or issuance of a protection order, restraining order or injunction pursuant to the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, whether the filing or issuance occurred in New Mexico or any other state; provided that this restriction does not apply to a filing or issuance on the New Mexico state judiciary's statewide case management and e-filing system, but the address of a protected person shall be redacted from that filing or issuance. A state agency, court or political subdivision may share court-generated and law enforcement-generated information contained in secure, government registries for protection order enforcement purposes."

SECTION 22. Section 40-13B-2 NMSA 1978 (being Laws 2018, Chapter 40, Section 2) is amended to read:

"40-13B-2. DEFINITIONS.--As used in the Confidential Substitute Address Act:

A. "agency" means an agency of the state or of a political subdivision of the state;

B. "applicant" means a person who submits an application to participate in the confidential substitute address program;

C. "application assistant" means a person who works or volunteers for a domestic violence or sexual assault program and who assists in preparing an application for the confidential substitute address program;

D. "confidential substitute address" means an address designated for a participant by the secretary of state pursuant to the Confidential Substitute Address Act;

E. "delivery address" means the address where an applicant or a participant receives mail, and it may be the same as the person's residential address;

F. "domestic violence" means "[domestic] abuse", as defined in the [Family Violence] Protection Against Abuse and Violence Act;

G. "participant" means a person certified to participate in the confidential substitute address program pursuant to the Confidential Substitute Address Act;

H. "public record" means "public records", as defined in the Inspection of Public Records Act; and

I. "residential address" means the street address where an applicant or participant resides or will relocate."

SECTION 23. Section 50-4A-2 NMSA 1978 (being Laws 2009, Chapter 14, Section 2) is amended to read:

"50-4A-2. DEFINITIONS.--As used in the Promoting Financial Independence for Victims of Domestic Abuse Act:

A. "domestic abuse" has the same meaning as [it does] "abuse", as defined in the [Family Violence] Protection Against Abuse and Violence Act;

B. "domestic abuse leave" means intermittent paid or unpaid leave time for up to fourteen days in any calendar year, taken by an employee for up to eight hours in one day, to obtain or attempt to obtain an order of protection or other judicial relief from domestic abuse or to meet with law enforcement officials, to consult with attorneys or district attorneys' victim advocates or to attend court proceedings related to the domestic abuse of an employee or an employee's family member;

C. "employee" means a person who is employed by an employer;

D. "employer" includes a person, a firm, a partnership, an association, a corporation, a receiver or an officer of the court of New Mexico, a state agency, or a unit of local government or a school district;

E. "family member" means a minor child of the employee or a person for whom the employee is a legal guardian;

F. "order of protection" means a court order granted pursuant to the [Family Violence] Protection Against Abuse and Violence Act; and

G. "retaliation" means an adverse action against an employee, including threats, reprisals or discrimination for engaging in the protected activity of taking domestic abuse leave."

SECTION 24. REPEAL.--Section 40-13-1.1 NMSA 1978 (being Laws 2002, Chapter 34, Section 2 and Laws 2002, Chapter 35, Section 2) is repealed.

SECTION 25. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024.

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