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February 25, 2005

Senate wants to review child abuse laws

February 25, 2005 [Silver City Sun-News]
By Walter Rubel

SANTA FE, New Mexico — After passing a bill earlier in the session calling for mandatory life sentences for the crime of child abuse resulting in death, the Senate passed a memorial Friday directing that a study be done of all the state’s child abuse laws.

Senate Minority Whip Mary Jane Garcia, D-Doña Ana, sponsored both the mandatory sentencing bill and the memorial that passed Friday. She said the memorial directs the Legislative Council to appoint a committee of experts to report back to the Legislature on the state’s laws dealing with child abuse.

“We would get the professional opinion of prosecutors, criminal defense attorneys and victims advocates,” she said.

During debate on the life-sentence bill passed earlier in the session, there was considerable discussion of the state’s laws dealing with negligence. Several senators expressed concern that those who were simply negligent in not preventing abuse were being treated the same as the actual abusers.
Garcia said those definitions and laws would be reviewed in the study.
Senate Majority Floor Leader Michael Sanchez, who argued against passage of the earlier bill mandating life sentences, said he supported the memorial.
“I think it gives this Legislature a chance to look at these laws and make them more in conformity with other laws in the state of New Mexico,” Sanchez said.
“I know that was part of the discussion that we had the other day when the bill went through, and I think it’s real important for us to look at these issues.”
Sen. Mark Boitano, R-Albuquerque, said that along with looking at laws and sentencing guidelines, the study should also examine ways to prevent child abuse.
“I think it’s important for the state to be aware that child abuse and domestic violence occurs in certain types of relationships,” he said. “Long-term married relationships have less incidence of domestic violence and less incidence of child abuse, where short-term noncommitted relationships, a lot of times cohabitating relationships, have higher incidence of domestic violence and higher incidence of child abuse.”
The memorial passed unanimously 27-0, and will now move to the House for consideration.

Walter Rubel can be reached at wrubel@lcsun-news.com

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