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 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. | 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