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.
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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 |