Bill > HB303

This bill modifies New Mexico's child abuse laws to explicitly include exposure to certain controlled substances as a form of child abuse. Specifically, the bill amends existing law to define child abuse as occurring when a child tests positive at birth for Schedule I or Schedule II controlled substances, with an exception for lawfully prescribed medications. The bill introduces new provisions allowing law enforcement and healthcare professionals to take newborn children into temporary protective custody under specific circumstances, such as when a newborn is identified as being affected by substance abuse or exposed to an environment involving controlled substance manufacturing. The legislation defines these actions as protective measures rather than arrests and requires court orders for extended detention. Penalties for child abuse remain consistent with existing law, ranging from misdemeanors to felonies depending on the severity and circumstances of the offense. The bill also explicitly states that a defendant cannot use lack of knowledge about a child's presence as a defense in child abuse cases related to controlled substances or drug manufacturing environments. The legislation is declared an emergency, meaning it will take effect immediately upon passage, underscoring the perceived urgency of addressing child exposure to dangerous substances.

Health and Social Services

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=303&year=25