Resolution No. SI-R23-015: Domestic Violence Prevention Act Amendment of 2023
WHEREAS, in 2018, the Council enacted the Domestic Violation Prevention Act ("Act") to prohibit acts of domestic violence among family members and partners; and,
WHEREAS, the Act provides a mechanism for anyone to obtain an Order of Protection against an alleged abuser, and establishes criminal penalties for violations of an Order of Protection; and,
WHEREAS, the Act does not include an express criminal penalty for committing an Act of Domestic Violation; and,
WHEREAS, the Council has determined that, for the protection of the citizens of the Pueblo, it is in the best interests of the Pueblo to establish a criminal penalty for violations of the Domestic Violation Prevention Act in addition to violations of an Order of Protection.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled the, "DOMESTIC VIOLENCE PREVENTION ACT AMENDMENT OF 2023."
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on December 15, 2023, at a meeting with a vote of 5 in favor, 0 opposed, 2 abstaining and 3 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Tom Garcia | X | |||
| Thomas Gonzales | X | |||
| M. Wayne Martinez | X | |||
| Michael Martinez | X | |||
| Nichole Martinez | X | |||
| Perry Martinez | X | |||
| Raymond J. Martinez | X | |||
| Thomas Martinez | X | |||
| Denise Moquino | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R23-015 was presented to the Governor of the Pueblo de San Ildefonso on the
15th day of December, 2023, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4 (c), and will become effective after signature by the Governor or veto override by the Council.
Irene Tse-Pe, Council Secretary
{ X } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this 22nd day of December 2023.
Christopher Moquino, Governor
Presented by the Governor to the Council on the ____ day of ____________, 2023.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Tom Garcia | ||||
| Thomas Gonzales | ||||
| M. Wayne Martinez | ||||
| Michael Martinez | ||||
| Nichole Martinez | ||||
| Perry Martinez | ||||
| Raymond J. Martinez | ||||
| Thomas Martinez | ||||
| Denise Moquino | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2023, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
DOMESTIC VIOLENCE PREVENTION ACT AMENDMENT OF 2023
Section 1.1. Short Title
This enactment shall be known as the "DOMESTIC VIOLENCE PREVENTION ACT AMENDMENT OF 2023."
Section 1.2. Purpose
The purpose of this Act is to establish criminal penalties for violations of the Domestic Violence Prevention Act.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) In 2018, the Council enacted the Domestic Violation Prevention Act ("Act") to prohibit acts of domestic violence among family members and partners; and
(b) The Act provides a mechanism for anyone to obtain an Order of Protection against an alleged abuser, and establishes criminal penalties for violations of an Order of Protection; and
(c) The Act does not include an express criminal penalty for committing an Act of Domestic Violation; and
(d) The Council has determined that, for the protection of the citizens of the Pueblo, it is in the best interests of the Pueblo to establish criminal penalties for violations of the Domestic Violation Prevention Act in addition to the listed penalties for violations of an Order of Protection.
Section 1.4. Penalties
A new subsection (c) shall be added to Title 10, Section 10.1.6.080 as follows:
10.1.6.080 Criminal Penalties for Committing an Act of Domestic Violence.
(c) Any person who commits an Act of Domestic Violence shall be guilty of Domestic Violence and upon conviction thereof, may be sentenced to confinement for a period not to exceed one (1) year or pay of fine of up to $5,000 or both with costs.
