0001| HOUSE BILL 388 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MIMI STEWART | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO LAW ENFORCEMENT; PROVIDING FOR WARRANTLESS ARREST | 0012| IN CASES OF DOMESTIC ABUSE. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 31-1-7 NMSA 1978 (being Laws 1979, | 0016| Chapter 178, Section 1, as amended) is amended to read: | 0017| "31-1-7. ARREST WITHOUT WARRANT--LIABILITY.-- | 0018| A. Notwithstanding the provisions of any other law | 0019| to the contrary, a peace officer may arrest a person and take | 0020| that person into custody without a warrant [when the officer | 0021| is at the scene of a domestic disturbance and has] within | 0022| seventy-two hours of forming probable cause to believe that | 0023| the person has committed an assault or a battery upon a | 0024| household member. [As used in this section: "household | 0025| member" means a spouse; former spouse; family member, including | 0001| a relative, parent, present or former step-parent, present or | 0002| former in-law, child or co-parent of a child; or a person with | 0003| whom the victim has had a continuing personal relationship. | 0004| Cohabitation is not necessary to be deemed a household member | 0005| for purposes of this section.] | 0006| B. No peace officer shall be held criminally or | 0007| civilly liable for making an arrest pursuant to this section, | 0008| provided he acts in good faith and without malice. | 0009| C. Whether or not an arrest is made pursuant to | 0010| this section, a peace officer may remain with the victim and | 0011| assist the victim in getting to a shelter or receiving proper | 0012| medical attention. | 0013| D. As used in this section, "household member" | 0014| means a spouse; former spouse; family member, including a | 0015| relative, parent, present or former step-parent, present or | 0016| former in-law, child or co-parent of a child; or a person with | 0017| whom the victim has had a continuing personal relationship. | 0018| Cohabitation is not necessary to be deemed a household member | 0019| for purposes of this section." | 0020| Section 2. Section 40-13-7 NMSA 1978 (being Laws 1987, | 0021| Chapter 286, Section 7, as amended) is amended to read: | 0022| "40-13-7. LAW ENFORCEMENT OFFICERS--EMERGENCY | 0023| ASSISTANCE--LIMITED LIABILITY--PROVIDING NOTIFICATION TO | 0024| VICTIMS WHEN AN ABUSING HOUSEHOLD MEMBER IS RELEASED FROM | 0025| DETENTION--STATEMENT IN JUDGMENT AND SENTENCE DOCUMENT.-- | 0001| A. A person who allegedly has been a victim of | 0002| domestic abuse may request the assistance of a local law | 0003| enforcement agency. | 0004| B. A local law enforcement officer responding to | 0005| the request for assistance shall be required to take whatever | 0006| steps are reasonably necessary to protect the victim from | 0007| further domestic abuse, including: | 0008| (1) advising the victim of the remedies | 0009| available under the Family Violence Protection Act, the right | 0010| to file a written statement or request for an arrest warrant | 0011| and the availability of domestic violence shelters, medical | 0012| care, counseling and other services; | 0013| (2) upon the request of the [petitioner] | 0014| victim, providing or arranging for transportation of the | 0015| victim to a medical facility or place of shelter; | 0016| (3) upon the request of the [petitioner] | 0017| victim, accompanying the victim to the victim's residence to | 0018| remove the victim's clothing and personal effects required for | 0019| immediate needs and the clothing and personal effects of any | 0020| children then in the care of the victim; | 0021| (4) upon the request of the [petitioner] | 0022| victim, assist in placing the [petitioner] victim in | 0023| possession of the dwelling or premises or otherwise assist in | 0024| execution or service of [the] an order of protection; | 0025| (5) arresting the abusing household member | 0001| without a warrant within seventy-two hours of forming probable | 0002| cause, when appropriate, and including a written statement in | 0003| the attendant police report to indicate that the arrest of the | 0004| abusing household member was, in whole or in part, premised | 0005| upon probable cause to believe that the abusing household | 0006| member committed domestic abuse against the victim; and | 0007| (6) advising the victim when appropriate of | 0008| the procedure for initiating proceedings under the Family | 0009| Violence Protection Act or criminal proceedings and of the | 0010| importance of preserving evidence. | 0011| C. The jail or detention center shall make a | 0012| reasonable attempt to notify the arresting law enforcement | 0013| agency or officer when the abusing household member is released | 0014| from custody. The arresting law enforcement agency shall make | 0015| a reasonable attempt to notify the victim that the abusing | 0016| household member is released from custody. | 0017| D. Any law enforcement officer responding to | 0018| [the] a request for assistance under the Family Violence | 0019| Protection Act is immune from civil liability to the extent | 0020| allowed by law. Any jail, detention center or law enforcement | 0021| agency that makes a reasonable attempt to provide notification | 0022| that an abusing household member is released from custody is | 0023| immune from civil liability to the extent allowed by law. | 0024| E. A statement shall be included in a judgment and | 0025| sentence document to indicate when a conviction results from | 0001| the commission of domestic abuse." | 0002|  State of New Mexico | 0003| House of Representatives | 0004| | 0005| FORTY-THIRD LEGISLATURE | 0006| FIRST SESSION, 1997 | 0007| | 0008| | 0009| February 12, 1997 | 0010| | 0011| | 0012| Mr. Speaker: | 0013| | 0014| Your JUDICIARY COMMITTEE, to whom has been referred | 0015| | 0016| HOUSE BILL 388 | 0017| | 0018| has had it under consideration and reports same with | 0019| recommendation that it DO PASS, and thence referred to the | 0020| APPROPRIATIONS AND FINANCE COMMITTEE. | 0021| | 0022| Respectfully submitted, | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| Thomas P. Foy, Chairman | 0004| | 0005| | 0006| Adopted Not Adopted | 0007| | 0008| (Chief Clerk) (Chief Clerk) | 0009| | 0010| Date | 0011| | 0012| The roll call vote was 8 For 1 Against | 0013| Yes: 8 | 0014| No: Carpenter | 0015| Excused: King, Pederson, Rios, Sanchez | 0016| Absent: None | 0017| | 0018| | 0019| G:\BILLTEXT\BILLW_97\H0388 State of New Mexico | 0020| House of Representatives | 0021| | 0022| FORTY-THIRD LEGISLATURE | 0023| FIRST SESSION, 1997 | 0024| | 0025| | 0001| February 27, 1997 | 0002| | 0003| | 0004| Mr. Speaker: | 0005| | 0006| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0007| whom has been referred | 0008| | 0009| HOUSE BILL 388 | 0010| | 0011| has had it under consideration and reports same with | 0012| recommendation that it DO PASS. | 0013| | 0014| Respectfully submitted, | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| Max Coll, Chairman | 0021| | 0022| | 0023| Adopted Not Adopted | 0024| | 0025| (Chief Clerk) (Chief Clerk) | 0001| | 0002| Date | 0003| | 0004| The roll call vote was 16 For 0 Against | 0005| Yes: 16 | 0006| Excused: Watchman | 0007| Absent: None | 0008| | 0009| | 0010| G:\BILLTEXT\BILLW_97\H0388 | 0011| | 0012| FORTY-THIRD LEGISLATURE HB 388/a | 0013| FIRST SESSION, 1997 | 0014| | 0015| | 0016| March 16, 1997 | 0017| | 0018| Mr. President: | 0019| | 0020| Your JUDICIARY COMMITTEE, to whom has been referred | 0021| | 0022| HOUSE BILL 388, as amended | 0023| | 0024| has had it under consideration and reports same with | 0025| recommendation that it DO PASS, amended as follows: | 0001| | 0002| 1. On page 1, lines 20 and 21, remove the brackets and the | 0003| line-through. | 0004| | 0005| 2. On page 1, line 21, strike the word "and" and insert | 0006| "or". | 0007| | 0008| 3. On page 1, line 22, strike "forming" and insert in lieu | 0009| thereof "the incident formed" | 0010| | 0011| 4. On page 1, line 23, after the word "member" insert ", | 0012| provided that the officer is otherwise unable to secure an arrest | 0013| warrant due to the time constraint or urgency of the situation". | 0014| | 0015| 5. On page 4, line 1, before the word "forming" insert "the | 0016| incident" | 0017| | 0018| 6. On page 4, line 2, after the word "cause" insert ", | 0019| provided that the officer is otherwise unable to secure an arrest | 0020| warrant due to the time constraint or urgency of the situation". | 0021| | 0022| | 0023| | 0024| Respectfully submitted, | 0025| | 0001| | 0002| | 0003| | 0004| __________________________________ | 0005| Fernando R. Macias, Chairman | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| Adopted_______________________ Not | 0018| Adopted_______________________ | 0019| (Chief Clerk) (Chief Clerk) | 0020| | 0021| | 0022| Date ________________________ | 0023| | 0024| | 0025| The roll call vote was 5 For 2 Against | 0001| Yes: 5 | 0002| No: Tsosie, McSorley | 0003| Excused: Sanchez | 0004| Absent: None | 0005| | 0006| | 0007| H0388JU1 | 0008| |