HOUSE BILL 5
48th legislature - STATE OF NEW MEXICO - first special session, 2007
INTRODUCED BY
Al Park
AN ACT
RELATING TO DOMESTIC VIOLENCE; INCREASING PENALTIES FOR BATTERY AGAINST A HOUSEHOLD MEMBER AND AGGRAVATED BATTERY AGAINST A HOUSEHOLD MEMBER; REQUIRING OFFENDERS TO PARTICIPATE IN AND COMPLETE A DOMESTIC VIOLENCE OFFENDER TREATMENT PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-3-15 NMSA 1978 (being Laws 1995, Chapter 221, Section 6, as amended) is amended to read:
"30-3-15. BATTERY AGAINST A HOUSEHOLD MEMBER.--
A. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner.
B. Whoever commits battery against a household member is:
(1) for a first offense, guilty of a misdemeanor;
(2) for a second offense against the same victim, guilty of a misdemeanor and, as part of the sentence, shall be imprisoned for a term of at least forty-eight hours that shall not be suspended, deferred or taken under advisement;
(3) for a third offense against the same victim, guilty of a misdemeanor and, as part of the sentence, shall be imprisoned for a term of at least thirty days that shall not be suspended, deferred or taken under advisement; or
(4) for a fourth or subsequent offense against the same victim, guilty of a fourth degree felony and, as part of the sentence, shall be imprisoned for a term of at least six months that shall not be suspended, deferred or taken under advisement.
C. Upon conviction pursuant to this section, an offender shall be required to participate in and complete a domestic violence offender treatment program approved by the children, youth and families department pursuant to rules promulgated by the department that define the criteria for such programs. The requirement imposed pursuant to this subsection shall not be suspended, deferred or taken under advisement.
D. Notwithstanding any provision of law to the contrary, if an offender's sentence was suspended or deferred in whole or in part, the period of probation may extend beyond three hundred sixty-four days but shall not exceed two years. If an offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed and credit shall not be given for time served by the offender on probation; provided that the total period of incarceration shall not exceed three hundred sixty-four days and the combined period of incarceration and probation shall not exceed two years."
Section 2. Section 30-3-16 NMSA 1978 (being Laws 1995, Chapter 221, Section 7) is amended to read:
"30-3-16. AGGRAVATED BATTERY AGAINST A HOUSEHOLD MEMBER.--
A. Aggravated battery against a household member consists of the unlawful touching or application of force to the person of a household member with intent to injure that person or another.
B. Whoever commits aggravated battery against a household member by inflicting an injury to that person that is not likely to cause death or great bodily harm, but that does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is:
(1) for a first offense, guilty of a misdemeanor;
(2) for a second offense against the same victim, guilty of a misdemeanor and, as part of the sentence, shall be imprisoned for a term of at least forty-eight hours that shall not be suspended, deferred or taken under advisement;
(3) for a third offense against the same victim, guilty of a misdemeanor and, as part of the sentence, shall be imprisoned for a term of at least thirty days that shall not be suspended, deferred or taken under advisement; or
(4) for a fourth or subsequent offense against the same victim, guilty of a fourth degree felony and, as part of the sentence, shall be imprisoned for a term of at least six months that shall not be suspended, deferred or taken under advisement.
C. Whoever commits aggravated battery against a household member by inflicting great bodily harm or doing so with a deadly weapon or doing so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.
D. Upon conviction pursuant to this section, an offender shall be required to participate in and complete a domestic violence offender treatment program approved by the children, youth and families department pursuant to rules promulgated by the department that define the criteria for such programs. The requirement imposed pursuant to this subsection shall not be suspended, deferred or taken under advisement.
E. Notwithstanding any provision of law to the contrary, if an offender's sentence was suspended or deferred in whole or in part, the period of probation may extend beyond three hundred sixty-four days but shall not exceed two years. If an offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed and credit shall not be given for time served by the offender on probation; provided that the total period of incarceration shall not exceed three hundred sixty-four days and the combined period of incarceration and probation shall not exceed two years."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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