2016 LegislativeUpdate #4

LJC LEGISLATIVE UPDATE # 4

This is our fourth update this session. As you know, we are tracking more than twenty (20) legislative proposals this session. We have added two Constitutional Amendments (Denial of Bail) to our list. Those proposals are SJR 1, HJR 13, and HJR 20. LJC is neutral on SJR 1 and we oppose HJR 13 and HJR 20.

Some bills on our opposition list have moved rapidly through the House of Representatives. The “Three Strikes Bill (HB 56) and the “Units of Possession” (HB 65) and are now pending in the Senate. HB 65 was heard in the Senate Public Affairs Committee (SPAC) on Saturday. SPAC amended the bill so that the basic term of incarceration for “possession of child porn” will be nine (9) years instead of the possibility of hundreds of years. The bill now is in the SJC. Although this is a vast improvement over the version passed by the House of Representatives, we still question the wisdom of this proposal. At this point, we must hope that the Democratically-controlled Senate will continue to exert a moderating influence on the extremely punitive legislation moving through the House.

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. Passed House Committees and is now awaiting a vote of the full House. We anticipate that it will pass.
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. Passed HSCAC and is now in House Judiciary Committee (HJC) scheduled for hearing on 2-8-16.
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 Public Affairs Committee (SPAC).
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 was amended in Senate Public Affairs Committee. Now in Senate Judiciary Committee scheduled 2-8-16.

2016 Bill Tracking Table Revised 2-8-16

 

Bill Number Subject/Title  Sponsor(s) LJC’s Position Committee/Status

Date Scheduled  

HB 29 Teen Curfew Rehm (R) & Trujillo (D) Oppose SPAC
HB 30 Communication/Images Fajarodo (R) Oppose House Calendar
HB 35 Habitual Offender Sentencing Rehm (R) Oppose Rules Committee
HB 36 Statute of Limitations Rehm (R) Oppose HSCAC 2-9-16
HB37 Three Strikes Law Rehm (R) Oppose Rules Committee
HB 42 Juvenile Delinquency Rehm (R) Oppose SPAC
HB 44 DWI for Certain Drugs Rehm (R) Oppose Rules Committee
HB 46 Sentencing for Felons Montoya (R) Oppose HJC 2-8-16
HB 56 Three Strikes Law Pacheco (R) Oppose SPAC
HB 60 Sentencing Changes Pacheco (R) Oppose HJC
HB 65 Child Porn Units of Possession S. Maestas-Barnes (R) Oppose Passed House

Now in SJC

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 Passed House Now in Senate Public Affairs
HB 81 Increase DWI Penalties Pacheco (R) Oppose Passed House

Now Senate Public Affairs (SPAC)

HB 82 Habitual Sentencing & DWI Dines (R) Oppose SPAC
HB 83 Increase DWI Penalties S. Maestas-Barnes (R) & Montoya (R) Oppose Senate Judicial Committee
HB 86 Warrantless Arrests DV Fajarado (R) Oppose Passed Committees Now on House Calendar
HB 95 Add Police Officers to Hate Crimes Gentry (R) & Pacheco (R) Oppose SPAC
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 Judiciary Committee
SJR 1 Denial of Bail

Constitutional Amendment

Wirth (D) & Antonio Maestas (D) Neutral HJC

 

SJR 13 Denial of Bail

Constitutional Amendment

David Adkins (R) &

Patricio Ruiloba (D)

Oppose House Calendar
SJR 20 Denial of Bail

Constitutional Amendment

Rhem (R) Oppose House Judiciary Committee

 

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