Bill > HB136

This bill amends New Mexico's child abuse statute to explicitly include exposure to fentanyl as prima facie (legally accepted as true unless proven otherwise) evidence of child abuse. Specifically, the bill adds language to Section 30-6-1 of New Mexico law that makes it clear that knowingly and intentionally exposing a child to fentanyl can be considered legal grounds for a child abuse charge. This addition follows a similar existing provision in the law that already treats methamphetamine exposure as prima facie evidence of child abuse. The bill defines a child as a person under 18 years old and allows for criminal prosecution ranging from misdemeanors to felonies depending on the severity of the abuse and its consequences. The new provision will take effect on July 1, 2025, giving law enforcement and child protection agencies time to prepare for the updated legal standard. By adding fentanyl to the list of substances whose exposure can be considered child abuse, the bill aims to provide additional legal tools to protect children from dangerous drug environments and potentially harmful parental behaviors.

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https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=136&year=25