Legislative Update #3 2/1/16

LJC LEGISLATIVE UPDATE # 3

  We are tracking more than 20 legislative proposals this session. Two bills on our opposition list have moved rapidly through the House of Representatives. The “Three Strikes Bill (HB 37) and the “Units of Possession” (HB 65) and are now pending in the Senate. These bills can only be stopped now if the Democratically-controlled Senate opposes them.

You can view the entire list of bills we are tracking on our website http://libjusco.net/. 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. HSCAC 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.

 

HSCAC Scheduled for hearing on 2-4-16.
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 and is now in the Senate.
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 House Floor
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 House Floor
HB 44 DWI for Certain Drugs Rehm (R) Oppose Rules Committee
HB 46 Sentencing for Felons Montoya (R) Oppose HSCAC 2-4-16
HB 56 Three Strikes Law Pacheco (R) Oppose House Floor
HB 60 Sentencing Changes Pacheco (R) Oppose HJC 2-2-16
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 Public Affairs

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

Now in Senate Public Affairs

HB 72 Allow Juvenile Disposition as Evidence Gentry (R) & James (R) Oppose House Floor
HB 81 Increase DWI Penalties Pacheco (R) Oppose HJC 2-1-16
HB 82 Habitual Sentencing & DWI Dines (R) Oppose HJC 2-1-16
HB 83 Increase DWI Penalties S. Maestas-Barnes (R) & Montoya (R) Oppose HJC 2-1-16
HB 86 Warrantless Arrests DV Fajarado (R) Oppose HRPAC 2-1-16
HB 95 Add Police Officers to Hate Crimes Gentry (R) & Pacheco (R) Oppose HJC 2-2-16
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 2-1-16
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