The 2022 legislative session will adjourn at noon on Thursday. The session has had some surprises that we had not anticipated. Although this year’s session has proven to be focused on cracking down on crime, nothing has passed through the process as of this writing. Due to the fact that 2022 is an election year for the office of Governor…
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Legislative Update #3 This 30-day session has unfolded as we had anticipated. This year’s session has proven to be focused on cracking down on crime, and there are several competing proposals. The cutoff for introduction of legislation was February 2nd which means all the bills we need to analyze are in the system. Although crime has been an issue in New Mexico for several years, many have gotten on the bandwagon since this is an…
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We had anticipated that this year’s session would be dueling get-tough on crime proposals. As we approach the mid-point of the session, that has proven to be the case. The cutoff for introduction of legislation is February 2nd which means more bills are yet to come. Crime has been an issue in New Mexico for several years and now many…
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The New Mexico Legislature convened for a 30-day session on January 18th. As we had anticipated, early indications are this will be a year of dueling get-tough on crime proposals from the governor as well as those seeking the office. The governor announced her proposals in advance of the session. Those priorities include: Imposing a “rebuttable presumption,” which shifts the…
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y Larry . . . NARSOL previously reported on the case of Brian Hope v. Commissioner of Indiana Department of Correction, which was favorably decided by a three-judge panel back in January. Unfortunately, the Seventh Circuit granted Indiana’s request for en banc review, and the full court has now turned that victory into a defeat. Trial Court History United States District Court…
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By Larry . . . The case of The People of the State of Michigan v. Paul Betts is an awesome win for our cause. The Michigan Supreme Court was asked to decide whether the retroactive application of Michigan’s Sex Offenders Registration Act (SORA), MCL 28.721 et seq., as amended by 2011 PA 17 and 18 (the 2011 SORA), violates state and…
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By Larry . . . It is constitutional to prohibit internet access according to the Colorado Court of Appeals. Christopher Landis appealed his probationary sentence for attempted sexual assault on a child. He argued that the conditions of his probation restricting his use of the internet and social media violate (1) the governing Colorado statutory scheme and (2) his rights…
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By Larry . . . The case of Dennis J. Powell Jr. v. Mark Keel, Chief, and The State of South Carolina was an awesome victory for our cause. This appeal was the result of the circuit court’s granting summary judgment in favor of Dennis Powell, Jr. on his claims challenging the internet publication and lifetime duration of his mandated registration as…
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LJC is delighted to report to you that registrants with non-New Mexico convictions will soon be entitled to due process before they are listed on the New Mexico Department of Public Safety (NMDPS) website. This is a direct result of LJC’s lawsuit and subsequent work, and it becomes effective today, July 1, 2021. This is a monumental achievement and we…
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By Larry . . . The case of Menges v. Knudsen is a challenge against the attorney general of the state of Montana and various other governmental officials in their official capacities. See Menges v. Knudsen, CV 20–178–M–DLC, United Stated District Court for the District of Montana. Plaintiff Randall Menges filed suit on December 9, 2020. He asserted that Montana’s registration requirement is unconstitutional…
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