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 until they have reached 58 years of age to resuscitate an already expired statute of limitations for civil actions due to childhood sex abuse. We do not expect this bill to advance since no hearing has been scheduled.

House Bill 74 would 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 likely dead for this session.

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 and Public Affairs Committee. No hearing has been scheduled. This legislation is likely dead for this session.

House Bill 199 seeks to bring New Mexico into substantial compliance with the federal Adam Walsh Act. In our previous updates, we deliberately omitted this proposal because it did not have an executive message from the governor. The governor provided a message on February 6th which makes the bill now germane for this session. The proposal is not perfect, and we are working hard to improve the language of the legislation. The House Consumer and Public Affairs Committee passed a substitute bill that removed the registration requirement for juveniles over the age of 14 who have been adjudicated for criminal sexual penetration. HB 199 is now in the House Judiciary Committee, but has not been scheduled for a hearing. For all practical purposes, the bill is dead. We will keep you informed.

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 was heard by the Senate Health and Public Affairs Committee. It received a unanimous “do pass” recommendation. The legislation is now in the Senate Judiciary Committee but has not been scheduled for a hearing; therefore, for all practical purposes, rendering it dead for this session.

Senate Bill 41 seeks to eliminate the statute of limitations for certain sexual crimes. This bill moved quickly through the Senate and is now in the House Judiciary Committee where it was scheduled for consideration on February 16. As of this writing, the status is unknown, but it appears the bill was not heard. If it is heard, it will likely receive a “do pass” recommendation. With two days left in the session, our hope is that it does not make it to the finish line.

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 exoneration;
• provide compensation, damages, and other relief for a person who is exonerated.

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

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 until they have reached 58 years of age to resuscitate an already expired statute of limitations for civil actions due to childhood sex abuse. We do not expect this bill to advance since no hearing has been scheduled.

House Bill 74 would 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 likely dead for this session.

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 and Public Affairs Committee. No hearing has been scheduled. This legislation is likely dead for this session.

House Bill 199 seeks to bring New Mexico into substantial compliance with the federal Adam Walsh Act. In our previous updates, we deliberately omitted this proposal because it did not have an executive message from the governor. The governor provided a message last week, and the bill is now germane for this session. The proposal is not perfect, and we are working hard to improve the language of the legislation. The bill is scheduled to be heard today (Tuesday) in the House Consumer and Public Affairs Committee. We will keep you informed.

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 was heard by the Senate Health and Public Affairs Committee. It received a unanimous “do pass” recommendation. The legislation is now in the Senate Judiciary Committee awaiting a hearing. We will keep you informed.

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 meeting on February 1st and received a unanimous “do pass.” Next, the legislation will be heard by the Senate Judiciary Committee. No hearing has been scheduled as of this writing. 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 exoneration;
• provide compensation, damages, and other relief for a person who is exonerated.

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

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.

  ]]> https://libjusco.net/2026/02/03/legislative-update-3-2026/feed/ 0 2345 https://libjusco.net/2026/01/27/legislative-update-2-2026/ https://libjusco.net/2026/01/27/legislative-update-2-2026/#respond Tue, 27 Jan 2026 09:18:47 +0000 https://libjusco.net/?p=2347 The 2026 legislative session has now entered the second week of the session. This is a short session scheduled to last only 30 days. There are currently 147 bills pending in the House of Representatives and 131 bills pending in the Senate. The information we have is somewhat limited since none of the bills we are tracking have been heard in their respective committees as of this writing.

House Bill 69 (HB 69) seeks to modify the statute of limitations for civil actions related to sexual abuse. This proposed legislation 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 be provide reasons to vote no.

House Bill 74 (HB 74) would eliminate the 10-year statute of limitations on prior felonies. No hearing has been schedule. We will keep you informed.

House Bill 79 (HB 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. No hearing has been scheduled.

Senate Bill 32 (SB 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.

No hearing has been scheduled. We intend to oppose this legislation unless significant amendments are made.

Senate Bill 41 (SB 41) proposes to eliminate the statute of limitations for certain sexual crimes. No hearing has been scheduled. We will oppose this legislation.

Senate Bill 51 (SB 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.

No hearing has been schedule. We intend to support this legislation.

We have information from reliable sources that there will be a constitutional amendment introduced to make it easier for a district judge to deny bail (conditions of release) for more defendants. Since the proposal has not been introduced yet, we do not know what our position will ultimately be. We can say that we are deeply concerned about holding those accused of committing crimes in detention without bail. The right to bail is enshrined in the United States Constitution as well as the New Mexico Constitution. We will keep you informed.

House Bill 69 (HB 69) seeks to modify the statute of limitations for civil actions related to sexual abuse. This proposed legislation would amend Section 37-1-30 NMSA to allow alleged victims to recestitate the already expired statute of limitations for civil actions due to childhood sex abuse until they have reached 58 years of age. We will oppose.

House Bill 74 (HB 74) would eliminate the 10-year statute of limitations on prior felonies. We have not fully analyzed the proposal as of this writing. We will keep you informed.

House Bill 79 (HB 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 is not appropriate in a criminal proceeding.

These are previous bills that we oppose and that continue to cause us concern. We will work to derail any of these bills again in 2026 if they should resurface.

• Human Trafficking Changes: This proposal died. The bill would have amended a number of statutes regarding human trafficking.
• Non-Consensual Touching Clarification: This proposal died.
• Increase Penalties For Certain Crimes: This proposal died. The bill sought to revise the criminal code to allow the death penalty for certain offenses regarding criminal sexual penetration and human trafficking.
• Chemical Castration Of Some Sex Offenders: We are elated that this legislation died. This legislation has been rejected more than once.
• Time Limit For Prosecuting Certain Crimes.

HB 445, “Human Trafficking & Sex Offenders” was introduced last week. With a few minor changes, this is the same as HB 56 which died in the Senate Judiciary Committee (SJC) during the 2021 legislative session. To quote Yogi Berra, “It’s like déjà vu all over again.”

The LJC strongly opposes HB 445 in its present form because the proposal merges the topics of sex offender registration, human trafficking, and child prostitution. These would be best discussed as separate pieces of legislation. Blending these subjects will invariably result in less incisive analyses and may lead to unforeseen negative consequences.

On initial review, LJC specifically takes issue with the following provisions.

1. Allowing a “conditional discharge” in the definition of a conviction for purposes of sex offender registration (Section 1(B)). A conditional discharge in New Mexico means no conviction is entered if all conditions are met. A conditional discharge is not a conviction in New Mexico. HB 445 would undo this and force registration of those who have completed the terms of their conditional discharge.
2. Redefining the term “sex offender” to include any registrant in another state who “owns a residential property in New Mexico” (Section 1(I)(3)). The bill does not clarify how a non-resident property owner must register in this state. In addition, we believe such a provision is unconstitutional.
3. Expanding the definition of “sex offense” to include “any conviction” in another jurisdiction that requires registration in that jurisdiction (Section 1(J)(15)). This would include out-of-state offenses that would not trigger registration if committed in New Mexico. Many states have a broader list of registerable offenses than New Mexico. We believe this provision would violate the equal protection clause of the constitution.
4. Mandating that anyone convicted of an offense requiring registration in another state must register in New Mexico without prior correlation with New Mexico criminal statutes. The individual may later petition a court for relief providing; (a) this would not require registration in New Mexico; and (b) the court finds “good cause” to relieve the person from registering (Section 2(E)(8)). The bill is vague in providing no definition of the term “good cause”.
5. No credible evidence exists that sex offender registration increases public safety. Expanding the list of covered convictions to include human trafficking and child prostitution (Section 2(D)(6) and (7)) will not add to public safety.
6. Eliminating the defense that an intended minor victim of prostitution was in fact a peace officer posing as a minor (Section 4(D)). Such a provision will seriously dilute any entrapment defense and would likely lead to law enforcement utilizing more questionable tactics.

LJC has not concluded its evaluation of HB 445, nor has the Fiscal Impact Report from the Legislative Finance Committee been submitted.

Key to Abbreviations:

HCPAC – House Consumer & Public Affairs Committee
HHHC – House Health & Human Services Committee
HJC – House Judiciary Committee
SHPAC – Senate Health and Public Affairs Committee
SJC – Senate Judiciary Committee

HB 445 – Human Trafficking & Sex Offenders
Location: HCPAC
Hearing Status: UNSCHEDULED

HB 58 – Three Strikes
Location: HCPAC
Hearing Status: UNSCHEDULED
Actions: TABLED in HCPAC

HB 128 – Chemical Castration
Location: HHHC
Hearing Status: UNSCHEDULED

SB 82 – Statute of Limitations (criminal)
Location: SJC
Hearing Status: UNSCHEDULED

SB 123 – Pre-trial Detention Reform
Location: SJC
Hearing Status: UNSCHEDULED
Actions: TABLED in SJC

SB 128 – Statute of Limitations (civil)
Location: SJC
Hearing Status: UNSCHEDULED

SB 174 – Pre-trial Release Hearing Standards
Location: SJC
Hearing Status: UNSCHEDULED
Actions: Substitute bill given “Do Pass” recommendation by SHPAC

SB 399 – Solitary Confinement Limits
Location SHPAC
Hearing Status: UNSCHEDULED

SB 215 – Establish Crime of Bestiality
Location: SHPAC
Hearing Status: UNSCHEDULED

LJC needs your financial support so please contribute right away if you have not sent your 2023 pledge yet. You may contribute here.

SB 399 – Solitary Confinement Limits

LJC is currently reviewing SB 399, which addresses the use of solitary confinement. If passed, the effect of the bill will be to limit the number of inmates subjected to “restricted housing”, as well as the duration of these conditions of confinement. The bill specifically prohibits inmates who belong to a “vulnerable population”, which specifically includes LGBTQ identification, from being placed in restrictive housing. LJC views this as a positive step. SB 399 has not been scheduled for consideration by the Senate Health and Public Affairs Committee (SHPAC).

HB 128 – Chemical Castration

This bill to require chemical castration of some state parolees who were convicted of enumerated sex crimes has yet to be heard by the House Health & Human Services Committee (HHHC), and does not appear on that committee’s schedule. LJC is in strong opposition to this bill.

SB 82 – Statute of Limitations

SB 82, eliminates the statute of limitations for criminal prosecution of certain sex crimes. This bill is currently before the Senate Judiciary Committee (SJC) but is yet to be scheduled for consideration. SB 126 – civil statute of limitations – was sent to the SJC with a “do pass” recommendation from the Senate Health and Public Affairs Committee (SHPAC). This has yet to be scheduled for consideration by the Senate Judiciary Committee.

SB 123 – Pre-trial Detention Reform

This bill was scheduled for consideration by the Senate Health and Public Affairs Committed on 2/13/2023. We do not have any information on the current status of the legislation.

SB 174 – Pretrial Release Hearing Standards

On February 7, the SHPAC rendered a “Do Not Pass” recommendation for SB 174. A substitute bill was given a “Do Pass” recommendation and referred to the SJC, where it has yet to be scheduled. The original SB 174 applied a rebuttable presumption in favor of detention for an enumerated list of crimes, which the substitute bill removes. As passed by the committee, the rebuttable presumption would apply to all felony accusations where the accused:

• has been released on his own recognizance for a prior felony offense, or
• is currently on conditions of release in any other pending felony matter.

LJC believes any rebuttable presumption in favor of pretrial detention is contrary to the Constitution in that the presumption of innocence is removed, and the burden of proof is shifted from the government to the defendant.

Section 1(A) of SB 174 states, “a court shall not excuse a defendant from posting bail unless the defendant motions for a hearing in which the defendant proves that the defendant lacks the financial means necessary to post bail.” Although a requirement for imposing bail is troubling in itself, a black-letter reading indicates this mandatory bail requirement attaches to all misdemeanors and felonies. Since bail schedules vary across the state, mandating bail would result in vastly unequal outcomes based solely on the nature of the accusation. This is particularly true for certain sex crimes where some counties will likely allow no bail at all.

HB 58 – Three Strikes

HB 58 was considered and “tabled” by the House Consumer & Public Affairs Committee (HCPAC). This action does not preclude reconsideration by that committee but makes it much less likely. LJC considers this to be a very positive outcome.

SB 215 – Establish Crime of Bestiality

SB 215 is currently before the Senate Health and Public Affairs Committee (SHPAC). As stated in Legislative Update #2, LJC does not object strongly to creating the crime of bestiality, but it sees no public safety benefit of requiring listing on the sex offense registry. SB 215 is scheduled for consideration by the SHPAC on Friday, February 17 at 1:30 PM.

LJC needs your financial support so please contribute right away if you have not sent your 2023 pledge yet. You may contribute here.

HB 128 – Chemical Castration

Many of the negative aspects of HB 128 regarding chemical castration were discussed in Legislative Update #2. Besides being ineffective in preventing sex crimes, chemical castration is an assault on human dignity that has adverse medical implications for the individual. Even if the procedure actually reduced recidivism, any belief that this measure would have an immediate effect is only wishful thinking. Since the requirement “shall” be ordered by a court along with “any other punishment”, ex post facto could preclude its application to persons currently incarcerated or on state parole. Any effects of the legislation would be delayed until future sex offenders are sentenced and have finished any term of incarceration. An attempt by the state to require the procedure of those already sentenced would likely result in legal challenges.

The bill is still pending consideration by the House Health & Human Services Committee (HHHC), and is not on the committee’s schedule as of 2/7/2023.

HB 173 – Forensic Pre-Trial Interviews of Minors

This proposal is of concern to LJC because pre-trial interviews are vital for determining if a case should move forward. The proposal reads in pertinent part, “A victim who is a child witness or an adjudicated incapacitated adult witness who has previously given a recorded statement as part of a forensic interview or in-court testimony regarding a criminal or noncriminal offense shall not be compelled to give a pretrial statement or pretrial interview.” Jennifer Burrill, a prominent defense attorney here in New Mexico, stated the following. “During the pretrial interviews, I found evidence that the girl’s parents were coaching her to say this happened. In fact, her parents had recordings of their daughter that stretched over the course of a month before the alleged crime was reported to law enforcement. This was a detail the child’s parents omitted when initially reporting the crime. As a result of this new information, we were able legally to obtain the recordings. They contained graphic accounts of the girl’s parents creating and coaching their daughter’s story…”

SB 82 – Statute of Limitations

SB 82 eliminates the statute of limitations for criminal prosecution of certain sex crimes. This bill is currently before the Senate Judiciary Committee (SJC), but is yet to be scheduled for consideration.

A related bill, SB 126, eliminates the statute of limitations for civil lawsuits regarding childhood sexual abuse, and will be applied retroactively. SB 126 cleared the Senate Health and Public Affairs Committee (SHPAC) with a unanimous “do pass” recommendation. The next stop for SB 126 is the Senate Judiciary Committee.

SB 123 – Pre-trial Detention Reform

The Senate Health and Public Affairs Committee has yet to schedule this bill for consideration. LJC is following the bill’s progress closely. A related bill, SB 174, sets standards for pretrial release hearing involving certain “serious violent felony offenses”, including second degree sexual exploitation of a child. A rebuttable presumption in favor of pretrial detention is applied if the defendant is on conditions of release for any other pending matter. While LJC in no way condones the charged actions, it must be remembered that a person is presumed innocent until found otherwise by a court. As with any rebuttable presumptions, the burden of proof is shifted to the defendant. LJC believes this burden shifting runs counter to constitutional principles. Unfortunately, SB 174 was heard by the Senate Health and Public Affairs Committee (SHPAC) on 2/6/2023 where it received a “do pass” recommendation. It is now in the Senate Judiciary Committee awaiting a hearing.

HB 58 – Three Strikes

HB 58 was considered and “tabled” by the House Consumer & Public Affairs Committee (HCPAC). This action does not preclude reconsideration by that committee, but makes it much less likely. LJC considers this to be a very positive outcome.

SB 215 – Establish Crime of Bestiality

SB 215 is currently before the Senate Health and Public Affairs Committee, but has not scheduled for consideration. As stated in Legislative Update #2, LJC does not object strongly to creating the crime of bestiality, but it sees no public safety benefit of requiring listing on the sex offense registry.

LJC needs your financial support so please contribute right away if you have not sent your 2023 pledge yet. You may contribute here.

As of this writing, there are now 286 bills pending in the Senate and 239 in the House of Representatives. This is a huge number and the period for introduction of legislation doesn’t close until the mid-point of the session, which is February 16th. One issue that continues to loom is changes to New Mexico’s pre-trial release system. Due to sensationalized media coverage, the public believes that the police are doing their job apprehending the criminals only to have them released back into the community by irresponsible judges. The solution favored by law enforcement and prosecutors is to make it harder for defendants to be released pending trial.

Liberty and Justice Coalition is carefully analyzing the various bills and will take a stand in support or opposition, regardless of which political party is advocating for the legislation. In addition to what is already pending, a proposal pertaining to the Sex Offender Registration and Notification Act (SORNA) has surfaced with the recent introduction of SB 215, sponsored by Senator Mark Moores. At this point, there hasn’t been enough analysis of the proposals currently pending for us to provide significant details other than HB 128, the chemical castration bill.

HB 128 – Chemical Castration

We will work to defeat HB 128, which is the chemical castration bill. The legislation proposes “as a condition of parole, a court shall order a person convicted of a sex offense pursuant to Sections 30-9-11 through 30-9-13 NMSA 1978 to undergo chemical castration treatment in addition to any other punishment prescribed for that offense or any other provision of law.” LJC will adamantly oppose HB 128. LJC has been working diligently and has provided key legislators and committee analysts a comprehensive analysis on this horrible proposal.

HB 128 key issues are:

• Unidentified and Financial Ramifications
• HB 128 Sweeps Too Broadly by Including the Full List of Offenses
• HB 128 Is Drafted So Vaguely That Implementation Is Impossible
• HB 128 Will Likely Be Challenged on Various Constitutional Grounds.

HB 128 was scheduled to be heard in the House Health and Human Services Committee on Monday January 30th. At the request of the sponsor, it has been rescheduled for Friday February 3rd.

SB 82 – Statute of Limitations

This proposal would change the time period for initiation of prosecutions for a crime against a child under eighteen years of age. It states, no limitation shall exist, and prosecution of these crimes may commence at any time after the occurrence of the crime. Also, it states for a crime of criminal sexual penetration in the second degree against an adult, it would expand the time limit to within fifteen years from the time the crime was committed.

Extremely long or indefinite statutes of limitations are problematic because memories fade over time. This is particularly relevant in “he said, she said” cases with no tangible evidence.

SB 82 is currently before the Senate Judiciary Committee, which has not scheduled a hearing on the bill. A related bill, i.e., SB 126, removes the statute of limitations for civil actions related to childhood sexual abuse. This is scheduled for consideration by the Senate Health and Public Affairs Committee on February 1, 2023, at 1:30 PM.

SB 123 – Pre-trial Detention Reform

This proposal is problematic because it places a new burden on the accused. It states, subject to rebuttal by the defendant in a pretrial detention hearing requested by a prosecuting authority, it shall be presumed that the prosecution has proven by clear and convincing evidence that the defendant is likely to pose a threat to the safety of others if released pending trial and that no release conditions will reasonably protect the safety of any other person or the community if there is probable cause to believe that the defendant committed one of the enumerated offenses.

A “rebuttable presumption” means that the defendant will have the burden of proof to argue that he should be granted conditions of release awaiting trial, rather than the state having the burden of proof to argue the defendant should be detained awaiting trial. LJC has serious concerns, and we will be working to improve this proposal or kill this proposal.

SB 123 is scheduled for consideration by the Senate Health and Public Affairs Committee on February 1, 2023, at 1:30 PM.

HB 58 -Three Strikes

This proposal would require when a defendant is convicted of a third violent felony, and each violent felony conviction is part of a separate transaction or occurrence, and at least the third violent felony conviction is in New Mexico shall be punished by a sentence of life imprisonment. LJC generally opposes 3-strike laws and will likely work to defeat this legislation.

This bill proposes changes to the three-strike sentencing rules (31-18-3 NMSA) by:

• redefining “violent felony” by increasing the number of felonies from five to twelve,
• eliminating the possibility of parole to the existing mandatory life sentence, and
• including convictions by minors of the redefined violent felonies.

​​​​​​​The provision increasing the number of felonies considered as violent is presented with no justification as to how public safety is enhanced. This amounts to little more than a laundry list that ignores the financial impacts of increasing prison populations. Similarly, there is no evidence-based rationale for eliminating the possibility of parole. Including felonies committed before the age of 18 runs counter to current criminal justice reform efforts.

HB 58 is scheduled for consideration by the House Consumer & Public Affairs Committee on February 1, 2023, at 1:30 PM.

SB 215 – Establish Crime of Bestiality

LJC has not yet conducted a comprehensive analysis of this bill. While LJC does not strongly object to creating the crime of bestiality, the bill includes a provision to require listing on the sex offense registry. The registry is ostensibly intended to increase public safety, and we are dubious that most animals will be checking the DPS website before interacting with humans. Registration has little relationship to the crime of bestiality, particularly in the context of this bill. Even more troubling is that the crime of aggravated bestiality would require lifetime registration which includes re-registration every 90 days. Sex offender registration is unconstitutional in our view and LJC will continue our opposition to any new offenses being included on the list of registerable offenses. LJC will continue to analyze the implications of this legislation. SB 215 is currently before the Senate Health and Public Affairs Committee, which has not scheduled a hearing on the bill.

LJC needs your financial support so please contribute right away if you have not sent your 2023 pledge yet. You may contribute here.

At the end of the first week there are already 166 bills pending in the Senate and 132 in the House of Representatives. This is a huge number, and the period for introduction of legislation doesn’t close until the mid-point of the session, which is February 16th. One of the larger issues looming is reform of New Mexico’s pre-trial release system. The public is being continuously told that the police are doing their job apprehending the criminals only to have them released on their own recognizance by irresponsible judges. One solution that is gaining popularity is to make it harder for defendants to be released pending trial. Another issue that has surfaced again is the statute of limitations pertaining to allegations of sex crimes. The victims’ advocates have been relentless in their pursuit of abolition of the statute of limitations.

Liberty and Justice Coalition will be carefully analyzing the governor’s proposals as well as those put forward by legislators, regardless of their political party. In addition to what is already pending, a proposal pertaining to the Sex Offender Registration and Notification Act (SORNA) could surface. We will work to alter or defeat proposals that we believe are not in the long-term interest of our state. At this point, there hasn’t been enough analysis of the proposals currently pending for us to provide significant details. In addition, we anticipate there will be a larger than normal number of bills this session due to the fact that the state’s coffers are bursting at the seams with new revenue.

There are likely some horrible provisions tucked into many of these proposals that need to be identified. For example, look at SB 123 which would reform the pre-trial detention to include a “presumption of dangerousness” for a long list of offenses. This is problematic because the defendant has the burden of rebutting a presumption that he/she is dangerous based merely on the charge(s). Take a look at the offenses on the list of presumptive dangerous offenses. You will note that there are some sexual offenses on the list.

HB 128 – Chemical Castration

The legislation proposes “as a condition of parole, a court shall order a person convicted of a sex offense pursuant to Sections 30-9-11 through 30-9-13 NMSA 1978 to undergo chemical castration treatment in addition to any other punishment prescribed for that offense or any other provision of law.” LJC will adamantly oppose HB 128.

SB 82 – Statute of Limitations

This proposal would change the time period for initiation of prosecutions for a crime against a child under eighteen years of age. It states, no limitation shall exist, and prosecution of these crimes may commence at any time after the occurrence of the crime. Also, it states for a crime of criminal sexual penetration in the second degree against an adult, it would expand the time limit to within fifteen years from the time the crime was committed.”

SB 123 – Pre-trial Detention Reform

This proposal is problematic because it places a new burden on the accessed. It sates, subject to rebuttal by the defendant in a pretrial detention hearing requested by a prosecuting authority, it shall be presumed that the prosecution has proven by clear and convincing evidence that the defendant is likely to pose a threat to the safety of others if released pending trial and that no release conditions will reasonably protect the safety of any other person or the community if there is probable cause to believe that the defendant committed one of the enumerated offenses. A “rebuttable presumption” means that the defendant will have the burden of proof to argue that they should be granted conditions of release awaiting trial, rather than the state having the burden of proof to argue the defendant should be detained awaiting trial. LJC has serious concerns, and we will be working to improve this proposal or kill this proposal.

HB 58-Three Strikes

This proposal would require when a defendant is convicted of a third violent felony, and each violent felony conviction is part of a separate transaction or occurrence, and at least the third violent felony conviction is in New Mexico shall be punished by a sentence of life imprisonment. LJC generally opposes 3-strike laws and will likely work to defeat this legislation.

LJC needs your financial support so please contribute right away if you have not sent your 2023 pledge yet. You may contribute here.