Legislative Bill Tracker Update 2/12/16

There will be faster reports of the  Legislative and Bill Tracker Chart Updates.  In the closing week of the Legislation things will be moving fast, and we will try to stay on top of it.  Below is the latest Bill Tracker

2016 Bill Tracking Table Revised 2-12-16

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

Date Scheduled  

HB 29 Teen Curfew Rehm (R) & Trujillo (D) Oppose SJC 2-13-16
HB 30 Communication/Images Fajarodo (R) Oppose Passed House

SPAC 2-13-16

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

Not Germaine

HB 36 Statute of Limitations Rehm (R) Oppose HJC 2-12-16
HB37 Three Strikes Law Rehm (R) Oppose Not Moving because of HB 56
HB 42 Juvenile Delinquency Rehm (R) Oppose SPAC 2-12-16
HB 44 DWI for Certain Drugs Rehm (R) Oppose Rules Committee

Not Germaine

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

Now in SJC

HB 56 Three Strikes Law Pacheco (R) Oppose SPAC 2-12-16
HB 60 Sentencing Changes Pacheco (R) Oppose HJC
HB 65 Child Porn Units of Possession S. Maestas-Barnes (R) Oppose Passed House

SJC 2-12-16

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

SAPC 2-12-16

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

SPAC 2-12-16

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

SJC 2-12-16

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

SPAC 2-12-16

HB 82 Habitual Sentencing & DWI Dines (R) Oppose SPAC 2-12-16
HB 83 Increase DWI Penalties S. Maestas-Barnes (R) & Montoya (R) Oppose Passed House

Now in SJC

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

Now in SPAC

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

SPAC 2-12-16

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

Not Germaine

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 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

SPAC=Senate Public Affairs Committee

HRPAC=House Regulatory & Public Affairs Committee

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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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National RSOL in Action Conference Call

RSOL IN ACTION!
Breaking News: International Megan’s Law
RSOL to file lawsuit challenging HR 515

This is your first notice of RSOL’s monthly RSOL Review conference call scheduled
Wednesday evening (February 10th) at 7:30 p.m. eastern time.

Janice Bellucci, President of California RSOL, and Paul Rigney will be our special
guests on the call. Ms. Bellucci will briefly outline her plans to challenge IML upon
the president’s signature. Paul Rigney will explain other aspects of the campaign
including fundraising.

Agenda will include:

IML lawsuit
Update on lawsuit pending in Rhode Island
General Q & A.

The phone number is 641 715-3660 followed by access code 957605#. We ask that you
sign up if you plan to attend so that we have some idea how many participants to expect.

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International Megans Law / HB 515 Passed

For Immediate Release…                                                     SandyRozek

February 3, 2016

RSOL PLANNING TO CHALLENGE HR 515 WHICH MANDATES THE ADDITION OF “UNIQUE IDENTIFIERS” TO PASSPORTS OF AMERICAN CITIZENS

Albuquerque, N.M.— Reform Sex Offender Laws, Inc. is disappointed that the U.S.House of Representatives ​concurred with HR 515​ as amended by the Senate on February 1​. HR 515 will require, for the first time in the history of the United States, the addition of “unique​identifiers” to the passports of American citizens. ​ ​​The U.S. Senate added the historic requirement as a Floor Amendment offered by Senator Mitch McConnell on December 17, 2015​. ​

RSOL believes that the Senate amendment requiring the unique identifier ​may be in​ violation of Wooley v Maynard, 430 U.S. 705 (1997), which holds that the government cannot force someone to physically carry the government's message. The passports with their identifying marks would be doing just that​.

“The citizens of this nation should be afraid, very afraid,that a unique identifier will soon be added to their passports,” stated Brenda Jones, RSOL’s E.D. “​Who will be the next targeted group​? ​” As passed by Congress, the Secretary of State is required to add a “unique identifier” to the passports of citizens convicted of a sex offense involving a minor. The list of offenses includes non-violent, non-contact offenses ​and even some that are non-sexual. “Passports today are used as a primary form of identification,not ​just to enter a foreign country,” stated Jones. “A passport symbol that identifies an individual as a registered sex offender places that person and others traveling with him or her at significant risk of physical harm.”

In addition, HR 515 establishes a center designed to notify foreign countries that the individual plans to visit that he has been convicted of a sex offense involving a minor. This notification will be sent regardless of whether the individual has been deemed to be rehabilitated by a state and therefore is no longer required to register as a sex offender.

RSOL is gravely concerned that the notification provisions of HR 515 have the potential to harm thousands of Americans who ​have completed their sentences and are no longer required to register as sex offenders. In such instances, the federal government ​will substitute​ its judgment,which will not be based upon an investigation of the individual, for the judgment of a state government that has conducted such an investigation. Furthermore, no evidence exists suggesting that the passage of this bill or its subsequent enforcement will address the issue for which it is intended.

National RSOL and many of its state organizations lobbied in opposition to the passage of HR 515. Before it becomes law, the President must approve the legislation​.

RSOL does not in any way condone sexual activity between adults and children, nor does it condone any sexual activity that would break laws in any state. We do not advocate lowering the age of consent, and we have no affiliation with any group that does condone such activities.

Copyright © 2016 National RSOL. All rights reserved.

Contact email: contact@reformsexoffenderlaws.org

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