CRIMES AGAINST SCHOOL EMPLOYEES

SB0311

SENATE BILL 311

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Larry R. Scott

AN ACT

RELATING TO CRIME; INCREASING THE PENALTIES FOR ASSAULT,
BATTERY AND AGGRAVATED BATTERY INFLICTING GREAT BODILY HARM ON
A SCHOOL EMPLOYEE; CREATING THE CRIMES OF ASSAULT, AGGRAVATED
ASSAULT, BATTERY AND AGGRAVATED BATTERY ON A SCHOOL CAMPUS;
AMENDING THE DEFINITION OF "SERIOUS YOUTHFUL OFFENDER" IN THE
DELINQUENCY ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 30-3-9 NMSA 1978 (being Laws 1989,
Chapter 344, Section 1) is amended to read:

"30-3-9. ASSAULT--BATTERY--SCHOOL PERSONNEL.--

A. As used in this section:

(1) "in the lawful discharge of [
his
]
the
school employee's
duties" means engaged in the performance of
the duties of a school employee; and

(2) "school employee" includes a member of a
local public school board and public school administrators,
teachers and other employees of that board.

B. Assault upon a school employee consists of:

(1) an attempt to commit a battery upon the
person of a school employee while [
he
]
the employee
is in the
lawful discharge of [
his
]
the school employee's
duties; or

(2) any unlawful act, threat or menacing
conduct [
which
]
that
causes a school employee while [
he
]
the
employee
is in the lawful discharge of [
his
]
the school
employee's
duties to reasonably believe that [
he
]
the employee

is in danger of receiving an immediate battery.

[
Whoever
]
C. A person who
commits assault upon a
school employee is guilty of a [
misdemeanor
]
third degree
felony
.

[
C.
]
D.
Aggravated assault upon a school employee
consists of:

(1) unlawfully assaulting or striking at a
school employee with a deadly weapon while [
he
]
the employee
is
in the lawful discharge of [
his
]
the school employee's
duties;

(2) committing assault by threatening or
menacing a school employee who is engaged in the lawful
discharge of [
his
]
the school employee's
duties by a person
wearing a mask, hood, robe or other covering upon the face,
head or body, or while disguised in any manner so as to conceal
identity; or

(3) willfully and intentionally assaulting a
school employee while [
he
]
the employee
is in the lawful
discharge of [
his
]
the school employee's
duties with intent to
commit any felony.

[
Whoever
]
E. A person who
commits aggravated
assault upon a school employee is guilty of a [
third
]
second

degree felony.

[
D.
]
F.
Assault with intent to commit a violent
felony upon a school employee consists of any person assaulting
a school employee while [
he
]
the employee
is in the lawful
discharge of [
his
]
the school employee's
duties with intent to
kill the school employee.

[
Whoever
]
G. A person who
commits assault with
intent to commit a violent felony upon a school employee is
guilty of a second degree felony.

[
E.
]
H.
Battery upon a school employee is the
unlawful, intentional touching or application of force to the
person of a school employee while [
he
]
the employee
is in the
lawful discharge of [
his
]
the school employee's
duties, when
done in a rude, insolent or angry manner.

[
Whoever
]
I. A person who
commits battery upon a
school employee is guilty of a [
fourth
]
third
degree felony.

[
F.
]
J.
Aggravated battery upon a school employee
consists of the unlawful touching or application of force to
the person of a school employee with intent to injure that
school employee while [
he
]
the employee
is in the lawful
discharge of [
his
]
the school employee's
duties.

[
Whoever
]
K. A person who
commits aggravated
battery upon a school employee, inflicting an injury to the
school employee [
which
]
that
is not likely to cause death or
great bodily harm but does cause painful temporary
disfigurement or temporary loss or impairment of the functions
of any member or organ of the body, is guilty of a fourth
degree felony.

[
Whoever
]
L. A person who
commits aggravated
battery upon a school employee, inflicting great bodily harm or
[
does
]
doing
so with a deadly weapon or in any manner whereby
great bodily harm or death can be inflicted, is guilty of a
[
third
]
second
degree felony.

[
G.
]
M.
Every person who assists or is assisted by
one or more other persons to commit a battery upon any school
employee while [
he
]
the employee
is in the lawful discharge of
[
his
]
the school employee's
duties is guilty of a fourth degree
felony."

SECTION 2.
A new section of the Criminal Code, Section
30-3-9.3 NMSA 1978, is enacted to read:

"30-3-9.3. [
NEW MATERIAL
] ASSAULT ON A SCHOOL CAMPUS--AGGRAVATED ASSAULT
ON A SCHOOL CAMPUS.--

A. Assault on a school campus consists of:

(1) an attempt to commit battery upon the
person of another;

(2) an unlawful act, threat or menacing
conduct that causes another person to reasonably believe that
the person is in danger of receiving an immediate battery; or

(3) the use of insulting language toward
another impugning the person's honor, delicacy or reputation.

B. A person who commits assault on a school campus
is guilty of a fourth degree felony.

C. Aggravated assault on a school campus consists
of a person:

(1) assaulting or striking another person with
a deadly weapon;

(2) committing assault by threatening or
menacing another while wearing a mask, hood, robe or other
covering upon the face, head or body, or while disguised in any
manner so as to conceal identity; or

(3) willfully and intentionally assaulting
another with the intent to commit a felony.

D. A person who commits aggravated assault on a
school campus is guilty of a third degree felony."

SECTION 3.
A new section of the Criminal Code, Section
30-3-9.4 NMSA 1978, is enacted to read:

"30-3-9.4. [
NEW MATERIAL
] BATTERY ON A SCHOOL CAMPUS--AGGRAVATED BATTERY ON A SCHOOL CAMPUS.--

A. Battery on a school campus is the intentional
touching or application of force to the person of another, when
done in a rude, insolent or angry manner.

B. A person who commits battery on a school campus
is guilty of a fourth degree felony.

C. Aggravated battery on a school campus consists
of a person touching or applying force to the person of another
with the intent to injure that person or another.

D. A person who commits aggravated battery on a
school campus, inflicting an injury to the person that is not
likely to cause death or great bodily harm, but that does cause
painful temporary disfigurement or temporary loss or impairment
of the functions of any member or organ of the body, is guilty
of a third degree felony.

E. A person who commits aggravated battery on a
school campus is guilty of a second degree felony."

SECTION 4.
Section 32A-2-3 NMSA 1978 (being Laws 1993,
Chapter 77, Section 32, as amended) is amended to read:

"32A-2-3. DEFINITIONS.--As used in the Delinquency Act:

A. "delinquent act" means an act committed by a
child that would be designated as a crime under the law if
committed by an adult, not including a violation of Section
30-9-2 NMSA 1978, including the following offenses:

(1) any of the following offenses pursuant to
municipal traffic codes or the Motor Vehicle Code:

(a) driving while under the influence of
intoxicating liquor or drugs;

(b) failure to stop in the event of an
accident causing death, personal injury or damage to property;

(c) unlawful taking of a vehicle or
motor vehicle;

(d) receiving or transferring of a
stolen vehicle or motor vehicle;

(e) homicide by vehicle;

(f) injuring or tampering with a
vehicle;

(g) altering or changing of an engine
number or other vehicle identification numbers;

(h) altering or forging of a driver's
license or permit or any making of a fictitious license or
permit;

(i) reckless driving;

(j) driving with a suspended or revoked
license; or

(k) an offense punishable as a felony;

(2) buying, attempting to buy, receiving,
possessing or being served any alcoholic liquor or being
present in a licensed liquor establishment, other than a
restaurant or a licensed retail liquor establishment, except in
the presence of the child's parent, guardian, custodian or
adult spouse. As used in this paragraph, "restaurant" means an
establishment where meals are prepared and served primarily for
on-premises consumption and that has a dining room, a kitchen
and the employees necessary for preparing, cooking and serving
meals. "Restaurant" does not include an establishment, as
defined in regulations promulgated by the director of the
special investigations unit of the department of public safety,
that serves only hamburgers, sandwiches, salads and other fast
foods;

(3) a violation of Section 30-29-2 NMSA 1978,
regarding the illegal use of a glue, aerosol spray product or
other chemical substance;

(4) a violation of the Controlled Substances
Act;

(5) escape from the custody of a law
enforcement officer or a juvenile probation or parole officer
or from any placement made by the department by a child who has
been adjudicated a delinquent child;

(6) a violation of Section 30-15-1.1 NMSA 1978
regarding unauthorized graffiti on personal or real property;

(7) a violation of an order of protection
issued pursuant to the provisions of the Family Violence
Protection Act; or

(8) trafficking cannabis as provided in
Section 26-2C-28 NMSA 1978;

B. "delinquent child" means a child who has
committed a delinquent act;

C. "delinquent offender" means a delinquent child
who is subject to juvenile sanctions only and who is not a
youthful offender or a serious youthful offender;

D. "detention facility" means a place where a child
may be detained under the Children's Code pending
a
court
hearing and does not include a facility for the care and
rehabilitation of an adjudicated delinquent child;

E. "felony" means an act that would be a felony if
committed by an adult;

F. "misdemeanor" means an act that would be a
misdemeanor or petty misdemeanor if committed by an adult;

G. "restitution" means financial reimbursement by
the child to the victim or community service imposed by the
court and is limited to easily ascertainable damages for injury
to or loss of property, actual expenses incurred for medical,
psychiatric and psychological treatment for injury to a person
and lost wages resulting from physical injury, which are a
direct and proximate result of a delinquent act. "Restitution"
does not include reimbursement for damages for mental anguish,
pain and suffering or other intangible losses. As used in this
subsection, "victim" means a person who is injured or suffers
damage of any kind by an act that is the subject of a complaint
or referral to law enforcement officers or juvenile probation
authorities. Nothing contained in this definition limits or
replaces the provisions of Subsections A and B of Section
32A-2-27 NMSA 1978;

H. "serious youthful offender" means an individual
fifteen to eighteen years of age who is charged with and
indicted or bound over for [
trial for first degree murder. A
"serious youthful offender" is not a delinquent child as
defined pursuant to the provisions of this section
]
at least
one of the following crimes:

(1) murder in the first degree;

(2) assault or aggravated assault on a school
campus, as provided in Section 30-3-9.3 NMSA 1978; or

(3) battery or aggravated battery on a school
campus, as provided in Section 30-3-9.4 NMSA 1978;

I. "supervised release" means the release of a
juvenile, whose term of commitment has not expired, from a
facility for the care and rehabilitation of adjudicated
delinquent children, with specified conditions to protect
public safety and promote successful transition and
reintegration into the community. A juvenile on supervised
release is subject to monitoring by the department until the
term of commitment has expired and may be returned to custody
for violating conditions of release; and

J. "youthful offender" means a delinquent child
subject to adult or juvenile sanctions who is:

(1) fourteen to eighteen years of age at the
time of the offense and who is adjudicated for at least one of
the following offenses:

(a) second degree murder, as provided in
Section 30-2-1 NMSA 1978;

(b) assault with intent to commit a
violent felony, as provided in Section 30-3-3 NMSA 1978;

(c) kidnapping, as provided in Section
30-4-1 NMSA 1978;

(d) aggravated battery, as provided in
Subsection C of Section 30-3-5 NMSA 1978;

(e) aggravated battery against a
household member, as provided in Subsection C of Section
30-3-16 NMSA 1978;

(f) aggravated battery upon a peace
officer, as provided in Subsection C of Section 30-22-25 NMSA
1978;

(g) shooting at a dwelling or occupied
building or shooting at or from a motor vehicle, as provided in
Section 30-3-8 NMSA 1978;

(h) dangerous use of explosives, as
provided in Section 30-7-5 NMSA 1978;

(i) criminal sexual penetration, as
provided in Section 30-9-11 NMSA 1978;

(j) robbery, as provided in Section
30-16-2 NMSA 1978;

(k) aggravated burglary, as provided in
Section 30-16-4 NMSA 1978;

(l) aggravated arson, as provided in
Section 30-17-6 NMSA 1978; or

(m) abuse of a child that results in
great bodily harm or death to the child, as provided in Section
30-6-1 NMSA 1978;

(2) fourteen to eighteen years of age at the
time of the offense, who is adjudicated for any felony offense
and who has had three prior, separate felony adjudications
within a three-year time period immediately preceding the
instant offense. The felony adjudications relied upon as prior
adjudications shall not have arisen out of the same transaction
or occurrence or series of events related in time and location.
Successful completion of consent decrees is not considered a
prior adjudication for the purposes of this paragraph; or

(3) fourteen years of age and who is
adjudicated for first degree murder, as provided in Section
30-2-1 NMSA 1978."

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