SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 23

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO ORDERS OF PROTECTION; CREATING A PILOT PROJECT IN THE SECOND JUDICIAL DISTRICT COURT TO ASSESS THE EFFECTIVENESS OF USING EXCLUSION ZONES MONITORED BY A GLOBAL POSITIONING SATELLITE TRACKING SYSTEM UPON VIOLATION OF AN ORDER OF PROTECTION.

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

     SECTION 1. A new section of the Family Violence Protection Act is enacted to read:

     "[NEW MATERIAL] ELECTRONICALLY MONITORED EXCLUSION ZONES PILOT PROJECT.--

          A. The second judicial district court may undertake a pilot project to assess the effectiveness of using a global positioning satellite tracking system to monitor exclusion zones established upon a finding that a restrained party is a credible threat to a protected party or upon noncompliance with the order of protection by the restrained party. The exclusion zones shall be established and monitored pursuant to Subsections B through G of this section.

          B. The second judicial district court may operate, or contract with a third party to operate, a global positioning satellite tracking system. The global positioning satellite tracking system used pursuant to this section shall use the best available global positioning satellite technology with the capability to:

                (1) immediately notify law enforcement or other monitors of any breach of the court-ordered exclusion zone boundaries;

                (2) notify the protected party in near-real time of any breach;

                (3) allow monitors to speak to the restrained party through a cell phone or similar technology implanted in the global positioning satellite tracking device; and

                (4) activate a loud alarm to warn the protected party of the restrained party's presence in an exclusion zone.

          C. When a restrained party has been found to have violated an order of protection, the second judicial district court may, in addition to other remedies, establish geographic exclusion zones into which the restrained party shall not enter for, at a minimum, the duration of the order of protection. The scope and area encompassed by the exclusion zone shall be determined by the court as provided in Section 40-13-6 NMSA 1978.

          D. If a restrained party enters an exclusion zone,

the restrained party may be considered to have violated the

order of protection.

           E. To enforce the exclusion zones, the second judicial district court may order that the restrained party wear a global positioning satellite tracking device designed to transmit and record the restrained party's location data. If the restrained party enters a court-defined exclusion zone, the restrained party's location data shall be immediately transmitted to the protected party and law enforcement.

          F. The order for placement of the global positioning satellite tracking device may remain in place for so long as the second judicial district court deems it necessary to ensure compliance with the order of protection.

          G. Tampering with or removing the global positioning satellite tracking device by the restrained party is a violation of the law.

          H. The second judicial district court may order the restrained party to pay for the global positioning satellite tracking device.

          I. The second judicial district court may seek federal funding or other funding to support the global positioning satellite tracking system monitoring of exclusion zones pilot project."

     SECTION 2. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2017.

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