2016 Legislative Update #2

LJC LEGISLATIVE UPDATE # 2

As we told you in the previous update, we are tracking more than 20 legislative proposals this session.  The full text of the bills is available on the New Mexico Legislative website (bill tracker). http://www.nmlegis.gov/lcs/billfinder/number.aspx

The bills that have the highest priority for LJC are:

  • HB 30: Sponsored by Representative Fajarado (R).
  • HB 35: Sponsored by Representative Bill Rhem (R).
  • HB 36: Sponsored by Bill Rhem (R).
  • HB 37: Sponsored by Bill Rhem (R).
  • HB 46: Sponsored by Bill Rhem (R).
  • HB 56: Sponsored by Paul Pacheco (R).
  • HB 65: Sponsored by Sarah Maestas-Barnes (R).
HB 30 would amend current law to make it unlawful to transmit images of any person’s intimate parts to a minor. This proposal is too broad because as written it would potentially criminalize transmission of your own child’s picture in the bathtub. Scheduled for Committee hearing on 2-2-16
HB 35 would eliminate judicial discretion to defer or suspend imposition of habitual enhancements for non-violent felonies. We oppose for the simple reason that removing judicial discretion seldom leads to a good outcome.

 

Still in House Rules Committee. Probably because the bill does not have an Executive Message.
HB 37 would add more than a dozen offenses to New Mexico’s existing three-strikes law. This approach has proven to be very costly in other states and results in people being sentenced to life for non-violent felonies. Still in House Rules Committee. Probably because the bill does not have an Executive Message.
HB 46 would increase the maximum penalties for second and third degree felonies resulting in death.

 

Still in House Rules Committee. Probably because the bill does not have an Executive Message.
HB 56 would dramatically expand New Mexico’s existing three-strikes law. As noted with HB 37, this approach has proven to be very costly in other states and results in people sentenced to life for non-violent felonies. Passed House Judiciary Committee and is awaiting House Vote.
HB 65 would define a “unit of possession” for child porn to be each individual image. This approach would subject people to absurdly long sentences that are totally disproportionate to the crime. Passed House and is now in the Senate.
Bill Number Subject/Title   Sponsor(s) LJC’s Position Committee/

Date Scheduled  

HB 29 Teen Curfew Rehm (R) & Trujillo (D) Oppose HJC
HB 30 Communication/Images Fajarodo (R) Oppose HSCAC 2-2-16
HB 35 Habitual Offender Sentencing Rehm (R) Oppose Rules Committee
HB 36 Statute of Limitations Rehm (R) Oppose Rules Committee
HB37 Three Strikes Law Rehm (R) Oppose Rules Committee
HB 42 Juvenile Delinquency Rehm (R) Oppose HJC
HB 44 DWI for Certain Drugs Rehm (R) Oppose Rules Committee
HB 46 Sentencing for Felons Montoya (R) Oppose Rules Committee
HB 56 Three Strikes Law Pacheco (R) Oppose House Floor
HB 60 Sentencing Changes Pacheco (R) Oppose HJC 1-28-16
HB 65 Child Porn Units of Possession S. Maestas-Barnes (R) Oppose Passed House

Now in Senate

HB 68 Increase Child Abuse Penalties James (R) Oppose Passed House

Now in Senate

HB 69 Child Abuse Resulting in Death (age of child) James (R) Oppose Passed House

Now in Senate

HB 72 Allow Juvenile Disposition as Evidence Gentry (R) & James (R) Oppose HJC 1-27-16
HB 81 Increase DWI Penalties Pacheco (R) Oppose HSCAC 1-28-16
HB 82 Habitual Sentencing & DWI Dines (R) Oppose HSCAC 1-28-16
HB 83 Increase DWI Penalties S. Maestas-Barnes (R) & Montoya (R) Oppose HSCAC 1-28-16
HB 86 Warrantless Arrests DV Fajarado (R) Oppose Rules
HB 95 Add Police Officers to Hate Crimes Gentry (R) & Pacheco (R) Oppose HJC
HB 100 Firearm Sentencing Enhancements Rhem (R) Neutral Rules Committee
SB 45 Create New Crime of DWI with minor in car Torraco (R) Oppose Senate Committees Committee
SJR 1 Denial of Bail Constitutional Amendment Wirth (D) & Antonio Maestas (D) Neutral SJC 1-27-16
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