Legislative Update #3 – 2026

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The 2026 legislative session is approaching the midway point. The final day that any new legislation can be introduced is Wednesday, February 4th. There are currently 292 bills pending in the House of Representatives and 218 bills pending in the Senate. The information we have remains somewhat limited since only one of the bills we are tracking has been heard in its respective committee as of this writing.

House Bill 69 seeks to modify the statute of limitations for civil actions related to sexual abuse. We remain concerned about this legislation. If passed, it would amend Section 37-1-30 NMSA to allow alleged victims to resuscitate the already expired statute of limitations for civil actions due to childhood sex abuse until they have reached 58 years of age. If a hearing is scheduled, we will provide reasons to vote no.

House Bill 74 would eliminate the 10-year statute of limitations on prior felonies. This bill is scheduled for House Consumer & Public Affairs Committee today, February 3, 2026, in the afternoon.

House Bill 79 seeks to make it easier for the state to revoke a person’s probation. The language proposed in HB 79 would reduce the burden of proof to a preponderance of the evidence. This legal standard is inadequate and not appropriate in a criminal proceeding. The bill has been assigned to the House Consumer & Public Affairs Committee. No hearing has been scheduled.

Senate Bill 32 proposes to:

  • Revise the time limitation for commencing prosecution of human trafficking.
  • Increase the age applicable to victims of sexual exploitation of children by prostitution to eighteen.
  • Amend the elements of human trafficking.
  • Provide a definition of harm.
  • Prohibit certain defenses in a prosecution for certain crimes.
  • Add victims of human trafficking and sexual exploitation of children to the victims of the crime act; prohibit earned meritorious deductions for a human trafficking sentence.

The bill has been assigned to the Senate Health and Public Affairs Committee. No hearing has been scheduled. We intend to oppose this legislation unless significant amendments are made.

Senate Bill 41 proposes to eliminate the statute of limitations for certain sexual crimes. The bill has been assigned to the Senate Health and Public Affairs Committee. It was heard on a rare Sunday afternoon meetng on February 1st and receved a unanimous “do pass.” Next, the legislation will be heard by the Senate Judiciary Committee. We will continue our strong opposition to this legislation.

Senate Bill 51 proposes to:

  • Enact the wrongful conviction compensation act.
  • Provide for a person who claims to have been wrongfully convicted of a misdemeanor or felony offense in state court to petition the court for an exoneration.
  • Provide for compensation, damages, and other relief for a person who is exonerated.

The bill has not moved because it has been determined that it is not germame to this year’s session agenda. We intend to support this legislation in the future.

 

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