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