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 https://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 |