New Mexico HB 83 - Extreme Risk Protection Order Act


A petitioner may seek an extreme risk protection order by filing a petition in the district court of the judicial district where either the petitioner or respondent resides or is sheltered. Law enforcement agencies and the clerk of the court shall make available upon request standard simplified petition forms with instructions for completion approved by the administrative office of the courts.

B. A petition for an extreme risk protection order shall be made under oath and shall be accompanied by a sworn affidavit setting out specific facts demonstrating the grounds for the order.

C. A petition for an extreme risk protection order shall contain:

(1) the name and address of the petitioner; provided that upon the request of the petitioner, the address shall not be listed on the petition but shall be disclosed to the court;

(2) if known, the respondent’s name and address;

(3) if known or suspected, a description of the number, types and locations of firearms or ammunition that the petitioner believes the respondent has custody of, controls, owns or possesses;

(4) a description of the relationship between the parties;

(5) if known, disclosure of whether there has been issued an extreme risk protection order pursuant to the Extreme Risk Protection Order Act, an order of protection pursuant to the Family Violence Protection Act, a civil restraining order or a similar order under the laws of another state between the parties or against the respondent; and

(6) if known, disclosure of whether there is a pending lawsuit, complaint, petition or other action between the parties under the laws of this state.

D. The court shall not delay granting relief because of the existence of an order or legal action between the parties or the requirement to verify the terms of an existing order.

E. Health care information disclosed is confidential unless released:

(1) with the prior written consent of the person;

(2) pursuant to a court order;

(3) when necessary to provide treatment, payment and operations in accordance with the federal Health Insurance Portability and Accountability Act of 1996; or

(4) to law enforcement, when the information is necessary for law enforcement to fulfill the requirements of the Extreme Risk Protection Order Act.

F. Aggregate statistical data indicating the number of extreme risk protection orders issued, renewed, denied, dissolved or terminated shall be kept by the district courts or court administrator and shall be available to the public upon request.

G. Remedies granted pursuant to the Extreme Risk Protection Order Act are in addition to and shall not limit other civil or criminal remedies available to the parties.