LJC LEGISLATIVE UPDATE # 5

LJC LEGISLATIVE UPDATE # 5

 

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) last week. SPAC amended the bill so that the basic term of incarceration for “possession of child porn” was reduced to three (3) years instead of the possibility of hundreds of years. An additional provision was added to permit enhancement of the basic sentence. The bill now is in the Senate Judiciary (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 more liberal Senate will continue to exert a moderating influence on the extremely punitive legislation that was moved rapidly through the House of Representatives.

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. Passed the House of Representatives and is no in the Senate awaiting a hearing in the Judiciary Committee.
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 which means it is not germane this session.
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 which means it is not germane this session.
HB 46 would increase the maximum penalties for second and third degree felonies resulting in death. Passed the House of Representatives and is now in the Senate awaiting a hearing in the Judiciary Committee
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 of Representatives and is now awaiting a hearing in the Judiciary Committee.
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 favorably amended in Senate Public Affairs Committee. Now in Senate Judiciary Committee awaiting a hearing.

 

2016 Bill Tracking Table Revised 2-15-16

 

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

Date Scheduled

HB 29 Teen Curfew Rehm (R) & Trujillo (D) Oppose SJC
HB 30 Communication/Images Fajarodo (R) Oppose Passed House

Now in SJC

HB 35 Habitual Offender Sentencing Rehm (R) Oppose Rules Committee

Not germane

HB 36 Statute of Limitations Rehm (R) Oppose Passed Committees

Now on House Floor

HB37 Three Strikes Law Rehm (R) Oppose Not Moving because of HB 56
HB 42 Juvenile Delinquency Rehm (R) Oppose Passed House

Now in SJC

HB 44 DWI for Certain Drugs Rehm (R) Oppose Rules Committee

Not germane

HB 46 Sentencing for Felons Montoya (R) Oppose Passed House

Now in SJC

HB 56 Three Strikes Law Pacheco (R) Oppose Passed House

Now in SJC

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 SPAC

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

Now in SPAC

HB 72 Allow Juvenile Disposition as Evidence Gentry (R) & James (R) Oppose Passed House

Now in SJC

HB 81 Increase DWI Penalties Pacheco (R) Oppose Passed House

Now in SPAC

HB 82 Habitual Sentencing & DWI Dines (R) Oppose Passed House

Now in SPAC

HB 83 Increase DWI Penalties S. Maestas-Barnes (R) & Montoya (R) Oppose Passed House

Now in SFC

HB 86 Warrantless Arrests DV Fajarado (R) Oppose Passed House

Now in SJC

HB 95 Add Police Officers to Hate Crimes Gentry (R) & Pacheco (R) Oppose Passed House

Tabled in SPAC

HB 100 Firearm Sentencing Enhancements Rhem (R) Neutral Rules Committee

Not Germane

SB 45 Create New Crime of DWI with minor in car Torraco (R) Oppose Senate Judiciary Committee
SJR 1 Denial of Bail

Constitutional

Wirth (D) & Antonio Maestas (D) Neutral Passed Senate

Now in HRPAC

HJR 13 Denial of Bail

Constitutional Amendment

David Adkins (R) &

Patricio Ruiloba (D)

Oppose House Calendar
HJR 20 Denial of Bail

Constitutional Amendment

Rhem (R) Oppose HJC

 

Key to Committee Abbreviations:

HJC=House Judiciary Committee

SJC=Senate Judiciary Committee

SFC=Senate Finance Committee

SPAC=Senate Public Affairs Committee

HRPAC=House Regulatory & Public Affairs Committee

 

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