0001| HOUSE BILL 196
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| DARA A. DANA
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO JUVENILE JUSTICE; PROVIDING MUNICIPAL, MAGISTRATE
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0012| OR METROPOLITAN COURTS WITH CONCURRENT JURISDICTION OVER
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0013| CERTAIN MISDEMEANOR OFFENSES AND COMPULSORY SCHOOL ATTENDANCE
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0014| LAW VIOLATIONS ALLEGEDLY COMMITTED BY CHILDREN; AMENDING
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0015| SECTIONS OF THE NMSA 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 22-12-7 NMSA 1978 (being Laws 1967,
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0019| Chapter 16, Section 175, as amended) is amended to read:
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0020| "22-12-7. ENFORCEMENT OF ATTENDANCE LAW--PENALTY.--
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0021| A. Each local school board and each governing
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0022| authority of a private school shall initiate the enforcement
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0023| of the provisions of the Compulsory School Attendance Law for
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0024| students enrolled in their respective schools.
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0025| B. To initiate enforcement of the provisions of
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0001| the Compulsory School Attendance Law, a local school board or
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0002| governing authority of a private school or its authorized
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0003| representatives shall give written notice by certified mail to
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0004| or by personal service on the parent, guardian or custodian of
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0005| a student subject to and in noncompliance with the provisions
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0006| of the Compulsory School Attendance Law.
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0007| C. If violations of the provisions of the
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0008| Compulsory School Attendance Law continue after written notice
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0009| as provided in Subsection B of this section has occurred, the
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0010| student shall be reported to the probation services office of
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0011| the judicial district where the student resides, the
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0012| municipal court, the magistrate court or the metropolitan
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0013| court for an investigation as to whether the student shall be
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0014| considered to be a neglected child or a child in need of su-
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0015|
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0016| pervision and thus subject to the provisions of the Children's
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0017| Code.
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0018| D. If, after review by the juvenile probation
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0019| office of the children's court division, [or by] the
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0020| district judge of the children's court division where the
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0021| student resides, the municipal court, the magistrate court or
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0022| the metropolitan court, a determination and finding is made
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0023| that the nonattendance by the student may have been caused by
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0024| the parent, guardian or one having custody of the student,
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0025| then the matter will be referred by the juvenile probation
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0001| office, [or by] the children's court division of the
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0002| district court, the municipal court, the magistrate court or
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0003| the metropolitan court to the district attorney's office or
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0004| any law enforcement agency having jurisdiction for appropriate
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0005| investigation and filing of charges allowed under the Com-
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0006|
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0007| pulsory School Attendance Law.
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0008| E. A parent, guardian or one having custody of the
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0009| student who, after receiving written notice as provided in
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0010| Subsection B of this section and after the matter has been
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0011| reviewed in accordance with Subsection D of this section,
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0012| knowingly allows the student to continue to violate the
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0013| Compulsory School [Attendence] Attendance Law shall be
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0014| guilty of a petty misdemeanor. Upon the first conviction, a
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0015| fine of not less than twenty-five dollars ($25.00) or more
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0016| than one hundred dollars ($100) may be imposed, or the parent,
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0017| guardian or one having custody of the student may be ordered
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0018| to perform community service. If violations of the Compulsory
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0019| School Attendance Law continue, upon the second and subsequent
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0020| convictions, the parent, guardian or one having custody of the
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0021| student who knowingly allows the student to continue to
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0022| violate the Compulsory School Attendance Law shall be guilty
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0023| of a petty misdemeanor and shall be subject to a fine of not
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0024| more than five hundred dollars ($500) or incarceration for a
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0025| period not to exceed six months or both.
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0001| [F. The provisions of this section shall apply
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beginning July 1, 1987.]"
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0003| Section 2. Section 32A-1-8 NMSA 1978 (being Laws 1993,
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0004| Chapter 77, Section 17, as amended) is amended to read:
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0005| "32A-1-8. JURISDICTION OF THE COURT--TRIBAL COURT
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0006| JURISDICTION.--
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0007| A. The court has exclusive original jurisdiction,
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0008| except as modified by Subsection B of this section, of all
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0009| proceedings under the Children's Code in which a person is
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0010| eighteen years of age or older and was a child at the time the
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0011| alleged act in question was committed or is a child alleged to
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0012| be:
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0013| (1) a delinquent child;
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0014| (2) a child of a family in need of services;
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0015| (3) a neglected child;
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0016| (4) an abused child;
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0017| (5) a child subject to adoption; or
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0018| (6) a child subject to placement for a
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0019| developmental disability or a mental disorder.
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0020| B. The municipal, magistrate or metropolitan court
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0021| shall have concurrent jurisdiction over the following petty
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0022| misdemeanor and misdemeanor offenses, when the person alleged
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0023| to have committed the offense is a child:
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0024| (1) assault, as provided in Section 30-3-1 NMSA
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0025| 1978;
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0001| (2) battery, as provided in Section 30-3-4 NMSA
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0002| 1978;
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0003| (3) criminal trespass, as provided in Section
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0004| 30-14-1 NMSA 1978;
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0005| (4) graffiti, as provided in Subsection B of
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0006| Section 30-15-1.1 NMSA 1978;
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0007| (5) shoplifting, as provided in Paragraph (1)
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0008| or (2) of Subsection B of Section 30-16-20 NMSA 1978;
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0009| (6) possession of one ounce or less of
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0010| marijuana, as provided in Paragraph (1) of Subsection B of
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0011| Section 30-31-23 NMSA 1978; and
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0012| (7) possession of alcohol by a minor, as
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0013| provided in Section 60-7B-1 NMSA 1978.
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0014| C. A municipal, magistrate or metropolitan court
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0015| shall not incarcerate a child who has been adjudicated for an
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0016| offense set forth in Subsection B of this section without
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0017| first securing the approval of the children's court.
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0018| D. If the children's court acquires jurisdiction
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0019| over a child pursuant to the alleged commission of a
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0020| delinquent act not set forth in Subsection B of this section,
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0021| it shall have jurisdiction over all offenses alleged to have
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0022| been committed by the child arising out of the same
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0023| occurrence.
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0024| [B.] E. The court has exclusive original
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0025| jurisdiction to emancipate a minor.
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0001| [C.] F. During abuse or neglect proceedings in
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0002| which New Mexico is the home state, pursuant to the provisions
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0003| of the Child Custody Jurisdiction Act, the court shall have
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0004| jurisdiction over both parents to determine the best interest
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0005| of the child and to decide all matters incident to the court
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0006| proceedings.
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0007| [D.] G. Nothing in this section shall be
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0008| construed to [in any way] abridge the rights of [any] an
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0009| Indian tribe to exercise jurisdiction over child custody
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0010| matters as defined by and in accordance with the federal
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0011| Indian Child Welfare Act of 1978.
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0012| [E.] H. A tribal court order pertaining to an
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0013| Indian child in an action under the Children's Code shall be
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0014| recognized and enforced by the district court for the judicial
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0015| district in which the tribal court is located. A tribal court
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0016| order pertaining to an Indian child that is not subject to the
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0017| provisions of the Children's Mental Health and Developmental
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0018| Disabilities Act and that accesses state resources shall be
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0019| recognized and enforced pursuant to the provisions of
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0020| intergovernmental agreements entered into by the Indian
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0021| child's tribe and the department or another state agency."
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0022| Section 3. Section 35-14-2 NMSA 1978 (being Laws 1961,
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0023| Chapter 208, Section 2, as amended) is amended to read:
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0024| "35-14-2. JURISDICTION.--
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0025| A. Each municipal court has jurisdiction over all
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0001| offenses and complaints under ordinances of the municipality
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0002| and over the petty misdemeanor and misdemeanor offenses set
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0003| forth in Subsection B of Section 32A-1-8 NMSA 1978 and over
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0004| violations of the Compulsory School Attendance Law and may
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0005| issue subpoenas and warrants and punish for contempt.
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0006| B. Upon written agreement between the board of
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0007| regents of a state educational institution designated in
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0008| Article 12, Section 11 of the constitution of New Mexico and
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0009| the governing body of a municipality contiguous to land under
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0010| control of the board of regents or within which any portion of
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0011| such land is located, the municipal court has jurisdiction
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0012| over violations of campus traffic regulations adopted under
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0013| Section 29-5-1 NMSA 1978 as to areas under control of the
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0014| board of regents. Fines and forfeitures collected by the
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0015| municipal court under campus traffic regulations may be
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0016| credited to the state educational institution on whose campus
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0017| the violation occurred.
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0018| C. Each municipal court's personal jurisdiction
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0019| extends to any defendant who has been properly served with
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0020| criminal process of the court anywhere in the state if that
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0021| criminal process arises out of a charge of violation of a
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0022| municipal ordinance prohibiting driving while under the
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0023| influence of intoxicating liquor or drugs."
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0024| Section 4. EFFECTIVE DATE.--The effective date of the
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0025| provisions of this act is July 1, 1998.
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