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 |