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