The 2026 legislative session concluded at noon on Thursday, February 19th.There were a total of 378 bills introduced in the House of Representatives and 313 bills introduced in the Senate. We were extremely successful in our opposition to some bad legislative proposals; however, one such bill unfortunately made it to the finish line and will be signed by the governor. We will provide more information later in this update.
House Bill 69 sought to modify the statute of limitations for civil actions related to sexual abuse. We opposed this legislation. It sought to amend Section 37-1-30 NMSA to allow alleged victims to resuscitate an already expired statute of limitations for civil actions due to childhood sex abuse until they have reached 58 years of age. We expect that this legislation will be back in 2027.
House Bill 74 sought to eliminate the 10-year statute of limitations on prior felonies. This bill was heard by the House Consumer and Public Affairs Committee on February 3rd, 2026. It did not receive the necessary votes to advance; it’s dead for this session but will likely be back in 2027.
House Bill 79 sought 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 criminal proceedings. The bill was assigned to the House Consumer and Public Affairs Committee. It was tabled by a vote of 4-2. This proposal is likely to be back in 2027.
House Bill 199 sought to bring New Mexico into substantial compliance with the federal Adam Walsh Act. The governor did not provide a message, nor did her office push the legislation until February 6th. As we stated previously, the proposal is not perfect. We worked hard to improve the key provisions, and the final draft was acceptable. The House Consumer and Public Affairs Committee passed the bill after the language requiring registration for juveniles over the age of 14 was removed. The legislation died in the House Judiciary Committee. This proposal will definitely be back in 2027.
Senate Bill 32 sought 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 was heard by the Senate Health and Public Affairs Committee. It received a unanimous “do pass” recommendation. The legislation stalled in the Senate Judiciary Committee. We expect that this legislation will be back in 2027.
Senate Bill 41 sought to eliminate the statute of limitations for certain sexual crimes. Due to all the anger directed toward Jeffrey Epstien because of his New Mexico connection, this bill moved through the legislative process with near unanimous support from both political parties. There were several amendments to the original proposal. As a result, we have not completed our analysis yet. Our initial analysis is below. We can say that the changes are likely to result in the prosecution and conviction of individuals who are innocent. Despite what the proponents of the legislation say, it is very difficult to receive a fair trial when facing decades-old charges.
Initial Analysis:
Section 1: Revised Section H: No Statute of Limitations; Enumerates crimes;
H(4) Second degree criminal sexual contact of a minor as per NMSA § 30-9-13; A(1) at 6 Years;
H(5) Second degree criminal sexual penetration as per NMSA § 30-9-11; A(1) at 6 Years.
Section 2: Tolls statute of limitations until 18 years old or first report to authorities for
3rd or 4th degree criminal sexual penetration in 30-9-11; Section A(2) normally 5 years
3rd or 4th degree criminal sexual contact in 30-9-13; Section A(2) normally 5 years.
Section 3: Tolls the statute of limitations when DNA is available for criminal sexual penetration where no suspect identified. This means that in 3rd or 4th degree criminal sexual penetration cases, there is no statute of limitation until a DNA profile is matched.