SB 94

                                1  SENATE BILL 94
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Antoinette Sedillo Lopez
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO DOMESTIC VIOLENCE CRIMINAL OFFENSES; AMENDING
                                12   SECTIONS 30-3-12 THROUGH 30-3-18 NMSA 1978 (BEING LAWS 1995,
                                13   CHAPTER 221, SECTIONS 3 THROUGH 7, LAWS 2008, CHAPTER 16,
                                14   SECTION 4 AND LAWS 2009, CHAPTER 255, SECTION 2) AND
                                15   SUBSECTIONS E AND F OF SECTION 40-13-6 NMSA 1978 (BEING LAWS
                                16   1987, CHAPTER 286, SECTION 6, AS AMENDED); PROVIDING THAT A
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                                17   PERSON CONVICTED OF AND SENTENCED FOR CRIMINAL OFFENSES
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                                18   PROVIDED IN THOSE SECTIONS SHALL PARTICIPATE IN AND COMPLETE A
                                19   DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAM
                                20   APPROVED BY THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT;
                                21   PROVIDING THAT A PERSON WHO VIOLATES A CONDITION OF PROBATION
                                22   ORDERED PURSUANT TO A SUSPENDED OR DEFERRED SENTENCE MAY BE
                                23   SUBJECT TO ANY SENTENCE THE COURT COULD ORIGINALLY HAVE IMPOSED
                                24   AND NOT RECEIVE CREDIT FOR TIME SERVED ON PROBATION; MAKING
                                25   CONFORMING AMENDMENTS.
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                                2    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                3  SECTION 1.    Section 30-3-12 NMSA 1978 (being Laws 1995,
                                4    Chapter 221, Section 3) is amended to read:
                                5  "30-3-12.    ASSAULT AGAINST A HOUSEHOLD MEMBER.--
                                6  A.   Assault against a household member consists of:
                                7  (1)   an attempt to commit a battery against a
                                8    household member; or
                                9  (2)   any unlawful act, threat or menacing
                                10   conduct that causes a household member to reasonably believe
                                11   that [he] the household member is in danger of receiving an
                                12   immediate battery.
                                13  B.   Whoever commits assault against a household
                                14   member is guilty of a petty misdemeanor.
                                15  C.   Upon conviction pursuant to this section, an
                                16   offender shall be required to participate in and complete a
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                                17   domestic violence offender treatment or intervention program
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                                18   approved by the children, youth and families department
                                19   pursuant to rules promulgated by the department that define the
                                20   criteria for such programs.
                                21  D.   If a sentence imposed pursuant to this section
                                22   is suspended or deferred in whole or in part, the period of
                                23   probation may extend beyond one hundred eighty-two days but
                                24   shall not exceed one year.    If an offender violates a condition
                                25   of probation, as a sanction for that violation, the court may
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                                1    impose any sentence that the court was authorized to impose
                                2    upon the offender's conviction, and credit shall not be given
                                3    for time served by the offender on probation; provided that the
                                4    total period of incarceration shall not exceed one hundred
                                5    eighty-two days and the combined period of incarceration and
                                6    probation shall not exceed one year."
                                7  SECTION 2.    Section 30-3-13 NMSA 1978 (being Laws 1995,
                                8    Chapter 221, Section 4) is amended to read:
                                9  "30-3-13.    AGGRAVATED ASSAULT AGAINST A HOUSEHOLD
                                10   MEMBER.--
                                11  A.   Aggravated assault against a household member
                                12   consists of:
                                13  (1)   unlawfully assaulting or striking at a
                                14   household member with a deadly weapon; or
                                15  (2)   willfully and intentionally assaulting a
                                16   household member with intent to commit any felony.
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                                17  B.   Whoever commits aggravated assault against a
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                                18   household member is guilty of a fourth degree felony.
                                19  C.   Upon conviction pursuant to this section, an
                                20   offender shall be required to participate in and complete a
                                21   domestic violence offender treatment or intervention program
                                22   approved by the children, youth and families department
                                23   pursuant to rules promulgated by the department that define the
                                24   criteria for such programs.
                                25  D.   If a sentence imposed pursuant to this section
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                                1    is suspended or deferred in whole or in part and an offender
                                2    violates a condition of probation, as a sanction for that
                                3    violation, the court may impose any sentence that the court was
                                4    authorized to impose upon the offender's conviction, and credit
                                5    shall not be given for time served by the offender on
                                6    probation; provided that the combined period of incarceration
                                7    and probation shall not exceed the maximum period of
                                8    incarceration for the sentence that was suspended or deferred."
                                9  SECTION 3.    Section 30-3-14 NMSA 1978 (being Laws 1995,
                                10   Chapter 221, Section 5) is amended to read:
                                11        "30-3-14.    ASSAULT AGAINST A HOUSEHOLD MEMBER WITH INTENT
                                12   TO COMMIT A VIOLENT FELONY.--
                                13  A.   Assault against a household member with intent
                                14   to commit a violent felony consists of any person assaulting a
                                15   household member with intent to kill or commit any murder,
                                16   mayhem, criminal sexual penetration in the first, second or
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                                17   third degree, robbery, kidnapping, false imprisonment or
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                                18   burglary.
                                19  B.   Whoever commits assault against a household
                                20   member with intent to commit a violent felony is guilty of a
                                21   third degree felony.
                                22  C.   Upon conviction pursuant to this section, an
                                23   offender shall be required to participate in and complete a
                                24   domestic violence offender treatment or intervention program
                                25   approved by the children, youth and families department
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                                1    pursuant to rules promulgated by the department that define the
                                2    criteria for such programs.
                                3  D.   If a sentence imposed pursuant to this section
                                4    is suspended or deferred in whole or in part and an offender
                                5    violates a condition of probation, as a sanction for that
                                6    violation, the court may impose any sentence that the court was
                                7    authorized to impose upon the offender's conviction, and credit
                                8    shall not be given for time served by the offender on
                                9    probation; provided that the combined period of incarceration
                                10   and probation shall not exceed the maximum period of
                                11   incarceration for the sentence that was suspended or deferred."
                                12        SECTION 4.    Section 30-3-15 NMSA 1978 (being Laws 1995,
                                13   Chapter 221, Section 6, as amended) is amended to read:
                                14        "30-3-15.     BATTERY AGAINST A HOUSEHOLD MEMBER.--
                                15  A.   Battery against a household member consists of
                                16   the unlawful, intentional touching or application of force to
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                                17   the person of a household member, when done in a rude, insolent
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                                18   or angry manner.
                                19  B.   Whoever commits battery against a household
                                20   member is guilty of a misdemeanor.
                                21  C.   Upon conviction pursuant to this section, an
                                22   offender shall be required to participate in and complete a
                                23   domestic violence offender treatment or intervention program
                                24   approved by the children, youth and families department
                                25   pursuant to rules promulgated by the department that define the
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                                1    criteria for such programs.
                                2  D.   [Notwithstanding any provision of law to the
                                3    contrary] If a sentence imposed pursuant to this section is
                                4    suspended or deferred in whole or in part, the period of
                                5    probation may extend beyond three hundred sixty-four days but
                                6    may not exceed two years.    If an offender violates a condition
                                7    of probation, as a sanction for that violation, the court may
                                8    impose any sentence that the court [could originally have
                                9    imposed] was authorized to impose upon the offender's
                                10   conviction, and credit shall not be given for time served by
                                11   the offender on probation; provided that the total period of
                                12   incarceration shall not exceed three hundred sixty-four days
                                13   and the combined period of incarceration and probation shall
                                14   not exceed two years."
                                15        SECTION 5.    Section 30-3-16 NMSA 1978 (being Laws 1995,
                                16   Chapter 221, Section 7, as amended) is amended to read:
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                                17        "30-3-16.    AGGRAVATED BATTERY AGAINST A HOUSEHOLD
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                                18   MEMBER.--
                                19  A.   Aggravated battery against a household member
                                20   consists of the unlawful touching or application of force to
                                21   the person of a household member with intent to injure that
                                22   person or another.
                                23  B.   Whoever commits aggravated battery against a
                                24   household member is guilty of a misdemeanor if the aggravated
                                25   battery against a household member is committed by inflicting
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                                1    an injury to that person that is not likely to cause death or
                                2    great bodily harm, but that does cause painful temporary
                                3    disfigurement or temporary loss or impairment of the functions
                                4    of any member or organ of the body.
                                5  C.   Whoever commits aggravated battery against a
                                6    household member is guilty of a third degree felony if the
                                7    aggravated battery against a household member is committed:
                                8  (1)   by inflicting great bodily harm;
                                9  (2)   with a deadly weapon;
                                10  (3)   by strangulation or suffocation; or
                                11  (4)   in any manner whereby great bodily harm or
                                12   death can be inflicted.
                                13  D.   Upon conviction pursuant to [Subsection B of]
                                14   this section, an offender shall be required to participate in
                                15   and complete a domestic violence offender treatment or
                                16   intervention program approved by the children, youth and
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                                17   families department pursuant to rules promulgated by the
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                                18   department that define the criteria for such programs.
                                19  E.   [Notwithstanding any provision of law to the
                                20   contrary] If [a] an offender is convicted of a misdemeanor
                                21   pursuant to this section and the sentence imposed [pursuant to
                                22   the provisions of Subsection B of this section] is suspended or
                                23   deferred in whole or in part, the period of probation may
                                24   extend beyond three hundred sixty-four days but may not exceed
                                25   two years; provided that if an offender violates a condition of
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                                1    probation, the court may impose any sentence that the court
                                2    [could originally have imposed] was authorized to impose upon
                                3    the offender's conviction, and credit shall not be given for
                                4    time served by the offender on probation; and provided further
                                5    that the total period of incarceration shall not exceed three
                                6    hundred sixty-four days and the combined period of
                                7    incarceration and probation shall not exceed two years.
                                8  F.   If an offender is convicted of a felony pursuant
                                9    to this section and the sentence imposed is suspended or
                                10   deferred in whole or in part and the offender violates a
                                11   condition of probation, as a sanction for that violation, the
                                12   court may impose any sentence that the court was authorized to
                                13   impose upon the offender's conviction, and credit shall not be
                                14   given for time served by the offender on probation; provided
                                15   that the combined period of incarceration and probation shall
                                16   not exceed the maximum period of incarceration for the sentence
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                                17   that was suspended or deferred."
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                                18        SECTION 6.     Section 30-3-17 NMSA 1978 (being Laws 2008,
                                19   Chapter 16, Section 4) is amended to read:
                                20        "30-3-17.     MULTIPLE CONVICTIONS OF BATTERY OR AGGRAVATED
                                21   BATTERY.--
                                22  A.   Whoever commits three offenses of battery
                                23   against a household member as provided in Section 30-3-15 NMSA
                                24   1978 or aggravated battery against a household member as
                                25   provided in Subsection B of Section 30-3-16 NMSA 1978, or any
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                                1    combination thereof, when the household member is a spouse, a
                                2    former spouse, a co-parent of a child or a person with whom the
                                3    offender has had a continuing personal relationship is guilty
                                4    of a fourth degree felony.
                                5  B.   Whoever commits four or more offenses of battery
                                6    against a household member as provided in Section 30-3-15 NMSA
                                7    1978 or aggravated battery against a household member as
                                8    provided in Subsection B of Section 30-3-16 NMSA 1978, or any
                                9    combination thereof, when the household member is a spouse, a
                                10   former spouse, a co-parent of a child or a person with whom the
                                11   offender has had a continuing personal relationship is guilty
                                12   of a third degree felony.
                                13  C.   For the purpose of determining the number of
                                14   offenses committed, each offense must have been committed after
                                15   conviction for the preceding offense.
                                16  D.   Upon conviction pursuant to this section, an
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                                17   offender shall be required to participate in and complete a
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                                18   domestic violence offender treatment or intervention program
                                19   approved by the children, youth and families department
                                20   pursuant to rules promulgated by the department that define the
                                21   criteria for such programs.
                                22  E.   If a sentence imposed pursuant to this section
                                23   is suspended or deferred in whole or in part and an offender
                                24   violates a condition of probation, as a sanction for that
                                25   violation, the court may impose any sentence that the court was
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                                1    authorized to impose upon the offender's conviction, and credit
                                2    shall not be given for time served by the offender on
                                3    probation; provided that the combined period of incarceration
                                4    and probation shall not exceed the maximum period of
                                5    incarceration for the sentence that was suspended or deferred."
                                6  SECTION 7.    Section 30-3-18 NMSA 1978 (being Laws 2009,
                                7    Chapter 255, Section 2) is amended to read:
                                8  "30-3-18.    CRIMINAL DAMAGE TO PROPERTY OF HOUSEHOLD
                                9    MEMBER--DEPRIVATION OF PROPERTY OF HOUSEHOLD MEMBER.--
                                10  A.   Criminal damage to the property of a household
                                11   member consists of intentionally damaging real, personal,
                                12   community or jointly owned property of a household member with
                                13   the intent to intimidate, threaten or harass that household
                                14   member.
                                15  B.   Whoever commits criminal damage to the property
                                16   of a household member is guilty of a misdemeanor, except that
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                                17   when the damage to the household member's interest in the
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                                18   property amounts to more than one thousand dollars ($1,000),
                                19   the offender is guilty of a fourth degree felony.
                                20  C.   Deprivation of the property of a household
                                21   member consists of intentionally depriving a household member
                                22   of the use of separate, community or jointly owned personal
                                23   property of the household member with the intent to intimidate
                                24   or threaten that household member.
                                25  D.   Whoever commits deprivation of the property of a
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                                1    household member is guilty of a misdemeanor.
                                2  E.   Upon conviction pursuant to this section, an
                                3    offender shall be required to participate in and complete a
                                4    domestic violence offender treatment or intervention program
                                5    approved by the children, youth and families department
                                6    pursuant to rules promulgated by the department that define the
                                7    criteria for such programs.
                                8  F.   If an offender is convicted of a misdemeanor
                                9    pursuant to this section and the sentence imposed is suspended
                                10   or deferred in whole or in part, the period of probation may
                                11   extend beyond three hundred sixty-four days but shall not
                                12   exceed two years; provided that if the offender violates a
                                13   condition of probation, as a sanction for that violation, the
                                14   court may impose any sentence that the court was authorized to
                                15   impose upon the offender's conviction, and credit shall not be
                                16   given for time served by the offender on probation; and
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                                17   provided further that the total period of incarceration shall
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                                18   not exceed three hundred sixty-four days and the combined
                                19   period of incarceration and probation shall not exceed two
                                20   years.
                                21  G.   If an offender is convicted of a felony pursuant
                                22   to this section and the sentence imposed is suspended or
                                23   deferred in whole or in part and the offender violates a
                                24   condition of probation, as a sanction for that violation, the
                                25   court may impose any sentence that the court was authorized to
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                                1    impose upon the offender's conviction, and credit shall not be
                                2    given for time served by the offender on probation; provided
                                3    that the combined period of incarceration and probation shall
                                4    not exceed the maximum period of incarceration for the sentence
                                5    that was suspended or deferred."
                                6  SECTION 8.      Section 40-13-6 NMSA 1978 (being Laws 1987,
                                7    Chapter 286, Section 6, as amended) is amended to read:
                                8  "40-13-6.      SERVICE OF ORDER--DURATION--PENALTY--REMEDIES
                                9    NOT EXCLUSIVE.--
                                10  A.    An order of protection granted under the Family
                                11   Violence Protection Act shall be filed with the clerk of the
                                12   court, and a copy shall be sent by the clerk to the local law
                                13   enforcement agency.     The order shall be personally served upon
                                14   the restrained party, unless the restrained party or the
                                15   restrained party's attorney was present at the time the order
                                16   was issued.      The order shall be filed and served without cost
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                                17   to the protected party.
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                                18  B.    A local law enforcement agency receiving an
                                19   order of protection from the clerk of the court that was issued
                                20   under the Family Violence Protection Act shall have the order
                                21   entered in the national crime information center's order of
                                22   protection file within seventy-two hours of receipt.     This does
                                23   not include temporary orders of protection entered pursuant to
                                24   the provisions of Section 40-13-4 NMSA 1978.
                                25  C.    An order of protection granted by the court
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                                1    involving custody or support shall be effective for a fixed
                                2    period of time not to exceed six months.     The order may be
                                3    extended for good cause upon motion of the protected party for
                                4    an additional period of time not to exceed six months.
                                5    Injunctive orders shall continue until modified or rescinded
                                6    upon motion by either party or until the court approves a
                                7    subsequent consent agreement entered into by the parties.
                                8  D.    A peace officer may arrest without a warrant and
                                9    take into custody a restrained party [whom] who the peace
                                10   officer has probable cause to believe has violated an order of
                                11   protection that is issued pursuant to the Family Violence
                                12   Protection Act or entitled to full faith and credit.
                                13  E.    A restrained party convicted of violating an
                                14   order of protection granted by a court under the Family
                                15   Violence Protection Act is guilty of a misdemeanor and shall be
                                16   sentenced in accordance with Section 31-19-1 NMSA 1978.     Upon a
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                                17   second or subsequent conviction, an offender shall be sentenced
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                                18   to a jail term of not less than seventy-two consecutive hours
                                19   that shall not be suspended, deferred or taken under
                                20   advisement.      If a sentence imposed pursuant to this subsection
                                21   is suspended or deferred in whole or in part, the period of
                                22   probation may extend beyond three hundred sixty-four days but
                                23   shall not exceed two years; provided that if an offender
                                24   violates a condition of probation, as a sanction for that
                                25   violation, the court may impose any sentence that the court was
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                                1    authorized to impose upon the offender's conviction, and credit
                                2    shall not be given for time served by the offender on
                                3    probation; and provided further that the total period of
                                4    incarceration shall not exceed three hundred sixty-four days
                                5    and the combined period of incarceration and probation shall
                                6    not exceed two years.
                                7  F.   In addition to any other punishment provided in
                                8    the Family Violence Protection Act, the court shall order a
                                9    person convicted to make full restitution to the party injured
                                10   by the violation of an order of protection and shall order the
                                11   person convicted to participate in and complete a [program of
                                12   professional counseling, at the person's own expense, if
                                13   possible] domestic violence offender treatment or intervention
                                14   program approved by the children, youth and families department
                                15   pursuant to rules promulgated by the department that define the
                                16   criteria for such programs.
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                                17  G.   In addition to charging the person with
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                                18   violating an order of protection, a peace officer shall file
                                19   all other possible criminal charges arising from an incident of
                                20   domestic abuse when probable cause exists.
                                21  H.   The remedies provided in the Family Violence
                                22   Protection Act are in addition to any other civil or criminal
                                23   remedy available to the protected party or the state."
                                24        SECTION 9.    TEMPORARY PROVISION.--If the children, youth
                                25   and families department has not promulgated the rules required
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                                1    by this act by the effective date of this act, the department
                                2    shall promulgate the rules on or before July 1, 2026.
                                3  SECTION 10.   APPLICABILITY.--The provisions of Sections 1
                                4    through 8 of this act apply to sentences imposed for crimes
                                5    committed on or after July 1, 2026.
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