February 17, 2020

The 2020 session of the New Mexico Legislature is now nearing conclusion with adjournment scheduled for noon on Thursday. 30-day sessions are limited to adoption of a state budget and items specifically requested by the Governor which tends to reduce the number of bills introduced. As stated in last week’s update, there are 404 bills in the House and 323 pending in the Senate.

Note:   A final Legislative Report on the 2020 session will be provided by the end of this week.

Current SORNA Threat

HB 237 is the bill we are now working to kill. This bill is a massive 32-page proposal that had previously been determined not germane to the session. It received a “Do Pass” recommendation from both House Committees and was passed by the full House. It is now awaiting a hearing in the House Senate Judiciary Committee (SJC). We are working hard to educate the members of SJC that this proposal is misguided and should be amended or killed.

As we reported last week, this 32-page overreaching piece of legislation is being offered in a sinister attempt to moot LJC’s federal lawsuit and in response to the highly sensationalized cases involving Jeffrey Epstein and James Stewart. The purported problem this proposal seeks to remedy is that Jeffrey Epstein’s Florida conviction did not trigger a duty to register in New Mexico. The reason is current New Mexico law requires registration for those CONVICTED of any of the twelve enumerated offenses or an attempt to commit an enumerated sex offense and “their equivalents” from other jurisdictions.

This bill is not limited to the SORNA additions but also seeks to expand the definition and penalties for Human Trafficking, require Property Forfeiture for certain crimes, raise the age of consent, and increase the statute of limitations for certain crimes among numerous other expansions to existing law. While on the surface these may look like an attempt to be tougher on sex crimes, the bill as a whole will suffer from the impossibility of implementation and constitutional challenges.

The bills we are tracking are listed below. The period for introduction closed on the 15^th which means there will be no more bills introduced this session.

The full text of the bills is available on the New Mexico Legislative website (bill tracker). Go to www.nmlegis.gov/Legislation/BillFinder/Number

PRIORITY LEGISLATION LJC HAS IDENTIFIED:

HB 33: THREE STRIKES EQUALS LIFE SENTENCE

This proposal is sponsored by Representative Bill Rhem and is a reintroduction of a bill that has been defeated multiple times in previous years. It provides for additional violent felonies in the Criminal Sentencing Act for the purpose of mandatory life imprisonment without the possibility of parole for three violent felony convictions. An exception provides for parole eligibility for certain inmates who are at least 60 years old. The proposal was determined not germane which means it’s dead for this session.HB 34:  HABITUAL SENTENCING EXPANDED

Providing that a prior felony conviction within twenty-five years of a subsequent felony conviction be considered for the purpose of habitual offender sentencing. Our current statutory scheme does not permit habitual enhancement for convictions more than 10 years old. LJC will oppose this change. The proposal was determined not germane which means it’s dead for this session.

HB 35:  USE OF FIREARM–ALTERATION OF BASIC SENTENCE

This proposal would increase the firearm enhancement from one to three years for a first offense and from three to five years for a second offense. The proposal was merged into HB 263 which LJC opposes.

HB 36: NO TIME LIMIT FOR 2^nd DEGREE MURDER

This bill is sponsored by Representative Bill Rhem and is identical to legislation he has carried the last two years. The proposal amends the Criminal Code to remove the statutory time limitation for commencing prosecution for the crimes of murder in the second degree, felony trafficking of controlled substances, and for capital felonies or first‑degree violent felonies.

LJC will oppose this proposal as we have done in previous years. The proposal was determined not germane which means it’s dead for this session.

 HB 263: PROBATION AND PAROLE BILL

This bill is sponsored by numerous Representatives including Antonio Maestas, Gail Chasey, William “Bill” R. Rehm, Jane E. Powdrell-Culbert and Alonzo Baldonado. This is labeled as a criminal justice reform bill with clarification on probation and parole procedures. At first glance this moves in the right direction with distinguishing between technical and non-technical violations. It requires treatment, sanctions and incentives prior to incarceration. However, a deeper read of this leaves out any of these protections for those on probation or parole for ANY sex offense. Additionally, it takes away judicial discretion on converting from supervised to unsupervised probation on any sex offense. For these reasons, LJC does not support this bill. At present time this bill is moving through the process and we will keep you apprised of the status.

SB 97: NO STATUTE OF LIMITATION FOR SEX CRIMES AGAINST CHILDREN

This bill is sponsored by Senator Jeff Steinborn and would amend the Criminal Code to amend the statute of limitations in cases of sex crimes against children. If passed, the state could commence prosecution at any time until the alleged victim (minor) reaches age thirty. LJC will vigorously oppose this legislation. The bill was heard in the Senate Public Affairs Committee and received a “Do Pass” recommendation. It is now in the Senate Judiciary Committee. At this point, it appears most unlikely that this legislation can make it to the finish line.

February 10, 2020

The 2020 session of the New Mexico Legislature has passed the midway point. There are only ten (10) days remaining. As we have stated previously, 30-day sessions are limited to adoption of a state budget and items specifically requested by the Governor which reduces the number of bills considerably. Even with this constraint, there are 404 bills in the House and 323 pending in the Senate. Most of the bills are not germane and will not be considered.

House Bill 43

HB 43 (SORNA Bill) was derailed by the coordinated work of the Liberty and Justice Coalition along with our advocacy allies. It is safe to say that HB 43 is dead for this session, but it will return in 2021. HB 43 would impose New Mexico’s SORNA on anyone convicted in another state if that state requires registration, regardless of what offense the person was convicted of in the other state. The supporters of HB 43 used Jeffrey Epstein as the boogeyman to justify this misguided legislation.

New SORNA Threat

Last week we reported on HB 237, a new SORNA threat, which was determined to be germane. This bill is a massive 32-page proposal that had previously been determined not germane to the session. It received a “Do Pass” recommendation in the House Consumer and Public Affairs Committee last Tuesday. It is now awaiting a hearing in the House Judiciary Committee.

The bills we are tracking are listed below. The period for introduction closed on the 15^th which means there will be no more bills introduced this session.

The full text of the bills is available on the New Mexico Legislative website (bill tracker). Go to www.nmlegis.gov/Legislation/BillFinder/Number

PRIORITY LEGISLATION LJC HAS IDENTIFIED:

HB 33: THREE STRIKES EQUALS LIFE SENTENCE

This proposal is sponsored by Representative Bill Rhem and is a reintroduction of a bill that has been defeated multiple times in previous years. It provides for additional violent felonies in the Criminal Sentencing Act for the purpose of mandatory life imprisonment without the possibility of parole for three violent felony convictions. An exception provides for parole eligibility for certain inmates who are at least 60 years old. The proposal was determined not germane which means it’s dead for this session.

HB 34:  HABITUAL SENTENCING EXPANDED

Providing that a prior felony conviction within twenty-five years of a subsequent felony conviction be considered for the purpose of habitual offender sentencing. Our current statutory scheme does not permit habitual enhancement for convictions more than 10 years old. LJC will oppose this change. The proposal was determined not germane which means it’s dead for this session.

HB 35:  USE OF FIREARM–ALTERATION OF BASIC SENTENCE

This proposal would increase the firearm enhancement from one to three years for a first offense and from three to five years for a second offense. The proposal is in limbo and appears to have been subsumed into another bill. More details in next update.

HB 36: NO TIME LIMIT FOR 2^nd DEGREE MURDER

This bill is sponsored by Representative Bill Rhem and is identical to legislation he has carried the last two years. The proposal amends the Criminal Code to remove the statutory time limitation for commencing prosecution for the crimes of murder in the second degree, felony trafficking of controlled substances, and for capital felonies or first‑degree violent felonies.

LJC will oppose this proposal as we have done in previous years. The proposal was determined not germane which means it’s dead for this session.

 HB 237: SORNA AND OMNIBUS CRIME BILL

As we reported last week, this 32-page overreaching piece of legislation is being offered in a sinister attempt to moot LJC’s federal lawsuit and in response to the highly sensationalized cases involving Jeffrey Epstein and James Stewart. The purported problem this proposal seeks to remedy is that Jeffrey Epstein’s Florida conviction did not trigger a duty to register in New Mexico. The reason is current New Mexico law requires registration for those CONVICTED of any of the twelve enumerated offenses or an attempt to commit an enumerated sex offense and “their equivalents” from other jurisdictions. The proposal did receive a “Do Pass” recommendation in the House Consumer & Public Affairs Committee and is now in the House Judiciary Committee.

This bill is not limited to the SORNA additions but also seeks to expand the definition and penalties for Human Trafficking, require Property Forfeiture for certain crimes, raise the age of consent, and increase the statute of limitations for certain crimes among numerous other expansions to existing law. While on the surface these may look like an attempt to be tougher on sex crimes, the bill as a whole will suffer from the impossibility of implementation and constitutional challenges.

HB 263: PROBATION AND PAROLE BILL

This bill is sponsored by numerous Representatives including Antonio Maestas, Gail Chasey, William “Bill” R. Rehm, Jane E. Powdrell-Culbert and Alonzo Baldonado. This is labeled as a criminal justice reform bill with clarification on probation and parole procedures. At first glance this moves in the right direction with distinguishing between technical and non-technical violations. It requires treatment, sanctions and incentives prior to incarceration. However, a deeper read of this leaves out any of these protections for those on probation or parole for ANY sex offense. Additionally, it takes away judicial discretion on converting from supervised to unsupervised probation on any sex offense. For these reasons, LJC does not support this bill. At present time this bill is moving through the process and we will keep you apprised of the status.

SB 97: NO STATUTE OF LIMITATION FOR SEX CRIMES AGAINST CHILDREN

This bill is sponsored by Senator Jeff Steinborn and would amend the Criminal Code to amend the statute of limitations in cases of sex crimes against children. If passed, the state could commence prosecution at any time until the alleged victim (minor) reaches age thirty. LJC will vigorously oppose this legislation. The bill was heard in the Senate Public Affairs Committee and received a “Do Pass” recommendation. It is now in the Senate Judiciary Committee.

 ATTENTION !!!     LJC Booth Cancelled

LJC had a booth scheduled in the capitol on February 11^th, 2020. Due to the inclement weather  and hazardous travel prediction the exhibit has been cancelled.

February 3, 2020

The 2020 session of the New Mexico Legislature is nearing the end of its second week. 30-day sessions are limited to adoption of a state budget and items specifically requested by the Governor which reduces the number of bills considerably. As we have stated previously, bills must be determined to be germane to the session which means that all bills must be accompanied by an executive message and go through an additional committee process. At this time, there are 328 bills in the House and 239 pending in the Senate. Most of the bills are not germane and will not be considered.

House Bill 43

HB 43 (SORNA Bill) was derailed by the coordinated work of the Liberty and Justice Coalition along with our advocacy allies. HB 43 would impose New Mexico’s SORNA on anyone convicted in another state if that state requires registration, regardless of what offense the person was convicted of in the other state. As we have stated repeatedly, the supporters of HB 43 are using Jeffrey Epstein as the boogeyman to justify this misguided legislation.

The proposal was heard in the House Consumer and Public Affairs Committee (CPAC) which is a key committee in terms of analyzing the public policy ramifications of legislative proposals. As we stated in our Special Update on HB 43, the threat of a SORNA bill did not end last Tuesday. The reason the bill did not move is that the sponsor with the strong backing of the Department of Public Safety sought to substitute a much larger bill in place of the introduced version. This meant that the bill grew from five pages to ten pages at the last minute. Members of the committee were not comfortable with the last-minute changes, which had not been thoroughly analyzed by the time the proposal was considered.

New SORNA Threat

The bad news is that there is a new threat since the special update. Now we are having to fight HB 237. This bill is a massive 32-page proposal that had previously been determined not germane to the session. It now has been assigned to the House Consumer and Public Affairs Committee to be heard on Tuesday.

The bills we are tracking are listed below. Keep in mind that there will be more bills introduced which means we will be adding to this list. The period for introduction closes on the 15^th day of the session which is Wednesday February 5^th.

The full text of the bills is available on the New Mexico Legislative website (bill tracker). Go to www.nmlegis.gov/Legislation/BillFinder/Number

PRIORITY LEGISLATION LJC HAS IDENTIFIED:

HB 33: THREE STRIKES EQUALS LIFE SENTENCE

This proposal is sponsored by Representative Bill Rhem and is a reintroduction of a bill that has been defeated multiple times in previous years. It provides for additional violent felonies in the Criminal Sentencing Act for the purpose of mandatory life imprisonment without the possibility of parole for three violent felony convictions. An exception provides for parole eligibility for certain inmates who are at least 60 years old. The proposal is currently in the House Rules and Order of Business and appears to be stuck there.

HB 34:  HABITUAL SENTENCING EXPANDED

Providing that a prior felony conviction within twenty-five years of a subsequent felony conviction be considered for the purpose of habitual offender sentencing. Our current statutory scheme does not permit habitual enhancement for convictions more than 10 years old. LJC will oppose this change. The proposal is currently in the House Rules and Order of Business and appears to be stuck there.

HB 35:  USE OF FIREARM–ALTERATION OF BASIC SENTENCE

This proposal would increase the firearm enhancement from one to three years for a first offense and from three to five years for a second offense. The proposal is in the House Judiciary Committee awaiting a hearing.

HB 36: NO TIME LIMIT FOR 2^nd DEGREE MURDER

This bill is sponsored by Representative Bill Rhem and is identical to legislation he has carried the last two years. The proposal amends the Criminal Code to remove the statutory time limitation for commencing prosecution for the crimes of murder in the second degree, felony trafficking of controlled substances, and for capital felonies or first‑degree violent felonies.

LJC will oppose this proposal as we have done in previous years. The proposal is currently in the House Rules and Order of Business and appears to be stuck there.

HB 237: SORNA AND OMNIBUS CRIME BILL

This 32-page overreaching piece of legislation is being offered in a sinister attempt to moot LJC’s federal lawsuit and in response to the highly sensationalized cases involving Jeffrey Epstein and James Stewart. The purported problem this proposal seeks to remedy is that Jeffrey Epstein’s Florida conviction did not trigger a duty to register in New Mexico. The reason is current New Mexico law requires registration for those CONVICTED of any of the twelve enumerated offenses or an attempt to commit an enumerated sex offense and “their equivalents” from other jurisdictions. See 29-11A-3(I) NMSA. Since some states have a broader list of enumerated sexual offenses, this situation can result in an out-of-state conviction not being “equivalent” to any offense that triggers a registration obligation in New Mexico. In addition, those granted a Conditional Discharge for an enumerated sex offense in New Mexico are not required to register.

This bill is not limited to the SORNA additions but also seeks to expand the definition and penalties for Human Trafficking, require Property Forfeiture for certain crimes, raise the age of consent, and increase the statute of limitations for certain crimes among numerous other expansions to existing law. While on the surface these may look like an attempt to be tougher on sex crimes, the bill as a whole will suffer from the impossibility of implementation and constitutional challenges.

SB 97: NO STATUTE OF LIMITATION FOR SEX CRIMES AGAINST CHILDREN

This bill is sponsored by Senator Jeff Steinborn and would amend the Criminal Code to amend the statute of limitations in cases of sex crimes against children. If passed, the state could commence prosecution at any time until the alleged victim (minor) reaches age thirty. LJC will vigorously oppose this legislation. The bill was heard in the Senate Public Affairs Committee and received a “Do Pass” recommendation. It is now in the Senate Judiciary Committee.

Volunteers Needed

LJC will have a booth in the capitol on February 11^th, 2020. We have done this for many years now and the reaction from lawmakers and the public continues to be positive.  Although we have enough volunteers for this year, we would be grateful for anyone wishing to help us. It is always good if we have extras in the event some cannot make it. We prefer that you join for the entire day, but we are grateful for any amount of time you can contribute. Contact Rick at libjusco.com@gmail.com or call (505)832-4291, leave a message if you would like to volunteer or inquire about year round volunteer positions.

Update #2

January 27, 2020

The 2020 session of the New Mexico Legislature convened Tuesday. Since this is a 30-day session limited to adoption of a state budget and items specifically requested by the Governor, there are additional steps legislation must go through prior to consideration. Bills must be determined to be germane to the session which means that all bills must be accompanied by an executive message and go through an additional committee process. House Bills are referred to the House Rules and Order of Business Committee and Senate Bills are referred to the Committees’ Committee. 

We are hoping to build on some positive reforms passed during the 2019 session. Since the governor has some ambitious goals including legalization of marijuana, we are hopeful that some of the undesirable proposals already introduced by Bill Rhem do not pass. Examples of bad bills he routinely introduces are three strikes results in life imprisonment and the abolition of the statute of limitations for second degree murder and other offenses. 

HB 43, a SORNA bill, was pre-filed and has been determined to be germane by the House Rules and Order of Business Committee. Because legislation must move quickly in a short session, the proposal is scheduled to be heard in the House Consumer and Public Affairs Committee (CPAC) on Tuesday afternoon. HB 43 would impose New Mexico’s SORNA on anyone convicted in another state if that state requires registration, regardless of what offense the person was convicted of in the other state. Proponents of HB 43 are using Jeffrey Epstein as the boogeyman to justify this misguided legislation. LJC is gearing up to oppose this bill and any other SORNA enhancements DPS may attempt to insert as HB 43 moves through the legislative process. The legislation is a sinister attempt by the state to moot our lawsuit currently pending in the United States District Court for the District of New Mexico. 

The bills we are tracking are listed below and we hope to have a tracking table as well by the end of the week. Keep in mind that there will be more bills introduced which means we will be adding to this list. The period for introduction closes on the 15th day of the session. 

The full text of the bills is available on the New Mexico Legislative website (bill tracker). Go to www.nmlegis.gov/Legislation/BillFinder/Number

PRIORITY LEGISLATION LJC HAS IDENTIFIED: 

HB 33: THREE STRIKES EQUALS LIFE SENTENCE 

This proposal is sponsored by Representative Bill Rhem and is a reintroduction of a bill that has been defeated multiple times in previous years. It provides for additional violent felonies in the Criminal Sentencing Act for the purpose of mandatory life imprisonment without the possibility of parole for three violent felony convictions. An exception provides for parole eligibility for certain inmates who are at least 60 years old.

HB 34:  HABITUAL SENTENCING EXPANDED

Providing that a prior felony conviction within twenty-five years of a subsequent felony conviction be considered for the purpose of habitual offender sentencing. Our current statutory scheme does not permit habitual enhancement for convictions more than 10 years old. LJC will oppose this change.

HB 35:  USE OF FIREARM–ALTERATION OF BASIC SENTENCE

This proposal would increase the firearm enhancement from one to three years for a first offense and from three to five years for a second offense. 

HB 36: NO TIME LIMIT FOR 2ND DEGREE MURDER 

This bill is sponsored by Representative Bill Rhem and is identical to legislation he has carried the last two years. The proposal amends the Criminal Code to remove the statutory time limitation for commencing prosecution for the crimes of murder in the second degree, felony trafficking of controlled substances, and for capital felonies or first-degree violent felonies.

LJC will oppose this proposal as we have done in previous years. 

HB 43:  SORNA PROPOSAL 

The proposal as written would require anyone convicted in another state to be required to register in New Mexico. Proponents are using Jeffrey Epstein as the boogeyman to justify this misguided legislation. In addition to requiring registration for all out of state convictions, the proposal is to reduce the period of time a person can be present in New Mexico before a duty to register is triggered. Law enforcement has expressed concerns to us privately that this provision is impossible to enforce. 

HB 237: OMNIBUS SORNA AND CRIME BILL

This comprehensive bill was just introduced on Friday which means we have not had time to fully analyze it. We can see based on our first reading that this is a very dangerous bill and LJC will be in strong opposition. HB 237 would:

• revise the definitions used in the sex offender registration and notification act; 
• expand the definition of sex offender; 
• change the definition of “conviction” to cover offenses without adjudication, including conditional discharges, fines and sanctions in ANY jurisdiction;
• expand the convictions that are considered sex offenses requiring registration;
• expand the definition of resident to include those who merely own property here;
• abolish the statute of limitations for the crime of human trafficking; 
• increase the age of a child from 16 to 18 for the crime of sexual exploitation of children by prostitution; 
• amend the crime of human trafficking; 
• require mandatory restitution; 
• provide for forfeiture; 
• expand the definition of criminal offense in the Victims of Crime Act; and
• expand the definition of serious violent offense. 

SB 97: NO STATUTE OF LIMITATION FOR SEX CRIMES AGAINST CHILDREN

This bill is sponsored by Senator Jeff Steinborn and would amend the Criminal Code to amend the statute of limitations in cases of sex crimes against children. If passed, the state could commence prosecution at any time until the alleged victim (minor) reaches age thirty. LJC will vigorously oppose this legislation.  

Volunteers Needed 

LJC plans to have a booth in the capitol on February 11, 2020. We have done this for many years now and the reaction from lawmakers and the public continues to be overwhelmingly favorable. We would be grateful for anyone wishing to volunteer to help us. We prefer that you join for the entire day, but we are grateful for any amount of time you can contribute. Contact Rick at libjusco.com@gmail.com or call (505)832-4291, if you would like to volunteer. Lunch will be provided to you. 

Ashley reported that we have sent cease and desist letter to threes New Mexico sheriffs so far and we anticipate more to come. Letters have been sent to Bernalillo County, Quay County, and Lea County. You can view the letters by clicking on the county name.  In addition to the letters, we distributed a Notice to Registrants prepared by LJC providing vital information in terms of what a registrant is required to provide the sheriff as well as alerting registrants to some of law enforcement’s invented requirements which are not in New Mexico’s SORNA statute.

Now that Ashley has joined our team, we anticipate that LJC will be collaborating more closely with other organization such as the ACLU. The challenges we face are enormous which means working with other organizations is crucial because no organization has adequate resources to fight this battle alone.

LJC expects to be filing multiple lawsuits in the coming months. We expect to launch the lawsuit regarding translation of out-of-state convictions very soon. We have assembled a good group of plaintiffs for that lawsuit. In addition to that case, our board has prioritized: (1) the issue of those being held in prison simply because they do not have an address which the Parole Board finds satisfactory; (2) forcing the Parole Board to provide due process to those facing revocation for technical violations; and (3) initiation of action to help those that have had registration requirements imposed retroactively or increased after registration began. As an offshoot of priority number 3, LJC will seek credit for the time people have registered in other states and for the time the obligation to register was unknown to the former offender. If this challenge is successful, some could have years shaved from their registration periods.

It is our intention to have more frequent meetings going forward to provide our supporters the opportunity to interact with our team. We are grateful that Titus House Ministries invited us to their Circle of Concern support group.

In closing, we ask that you consider our financial needs and donate at any level you can afford. We are the only NARSOL affiliate to have a staff attorney, and it is only possible to do the work if we have the necessary resources. You can become a member of LJC or donate here. LJC has been granted 501(c)(3) status by the IRS which means your contributions are tax deductible.