Final Legislative Update 2/18/16

Final LEGISLATIVE UPDATE 2-18-16

  This is our final update this session as the 2016 session adjourned at noon today. We tracked more than twenty (20) legislative proposals this year. It is disheartening to us that the conservative House of Representatives rubber-stamped a number of hammer down bills without consideration for the long-term ramifications. Also, we remain concerned about SJR 1 (the Constitutional Amendment) which passed and will go to the voters in November. This amendment once passed by the voters will permit Courts to deny bail in certain circumstances. The only upside of the amendment is that it contains a provision that is intended to prevent detention of those that simply cannot afford to pay for a commercial bail bond.

Nearly all the bills on our opposition list have moved rapidly through the House of Representatives. Both the “Three Strikes Bill (HB 56) and the “Units of Possession” (HB 65) passed the House. Fortunately, only HB 65, the units of possession bill made it all the way to the finish line. In fact, the final version of HB 65 passed the Senate late last night. The Senate Public Affairs Committee (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. Unfortunately, the SPAC amendment was altered by subsequent Senate Committees and the final version was much harsher. Penalties for simple possession will be increased from a maximum of eighteen (18) months under current law to ten (10) years beginning July 1st. Although this is a vast improvement over the original version passed by the House of Representatives, we still question the wisdom of such harsh sentencing. Fortunately, the “Three Strikes” bill (HB 56) died in the Senate.

The full text of the bills is available on the New Mexico Legislative website (bill tracker). http://www.nmlegis.gov/lcs/billfinder/number.aspx

 

Disclaimer:

We hope that these legislative updates were helpful to you. The purpose for providing them is informational only because LJC is a non-partisan organization. The visual charts were created so that our members can see which legislators are proposing to increase criminal penalties or diminish due process protections. LJC does not endorse any candidates.

 

The bills that had 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 died in the Senate 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. Not germane to session so it did not move.
HB 36 would lengthen the Statute of Limitations. We oppose this because it is more difficult for an accused to defend against old allegations. Passed the House of Representatives and died in the Senate Judiciary Committee.
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. Not germane to session so it did not move.
HB 46 would increase the maximum penalties for second and third degree felonies resulting in death. Passed the House of Representatives. Died in Senate 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 died in the Senate 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 Senate and is now awaiting the Governor’s signature.

2016 Bill Tracking Table Final 2-18-16

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

Date Scheduled

HB 29 Teen Curfew Rehm (R) & Trujillo (D) Oppose Passed House

Died in SJC

HB 30 Communication/Images Fajarodo (R) Oppose Passed House

Died in SJC

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

Not germane

HB 36 Statute of Limitations Rehm (R) Oppose Passed Committees

Died in SJC

HB37 Three Strikes Law Rehm (R) Oppose Did not move because of HB 56
HB 42 Juvenile Delinquency Rehm (R) Oppose Passed House

Died in Senate

HB 44 DWI for Certain Drugs Rehm (R) Oppose Rules Committee

Not germane

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

Died in SJC

HB 56 Three Strikes Law Pacheco (R) Oppose Passed House

Died in SJC

HB 60 Sentencing Changes Pacheco (R) Oppose Died in HJC
HB 65 Child Porn Units of Possession S. Maestas-Barnes (R) Oppose Passed House and Senate On the Governors Desk
HB 68 Increase Child Abuse Penalties James (R) Oppose Passed House

Died in SPAC

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

Died in SPAC

HB 72 Allow Juvenile Disposition as Evidence Gentry (R) & James (R) Oppose Passed House and Senate On Governors Desk
HB 81 Increase DWI Penalties Pacheco (R) Oppose Passed House

Died in SPAC

HB 82 Habitual Sentencing & DWI Dines (R) Oppose Passed House

Died in SPAC

HB 83 Increase DWI Penalties S. Maestas-Barnes (R) & Montoya (R) Oppose Passed House

Died in SFC

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

Died in SPAC

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 Died in SJC
SB 118 Increased DWI Penalties Munoz & Maestas Barnes Neutral Passed House and Senate, On Governors Desk
SJR 1 Denial of Bail

Constitutional

Wirth (D) & Antonio Maestas (D) Neutral Passed House and Senate
HJR 13 Denial of Bail

Constitutional Amendment

David Adkins (R) &

Patricio Ruiloba (D)

Oppose Died in House
HJR 20 Denial of Bail

Constitutional Amendment

Rhem (R) Oppose Died in 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

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