Three strikes expansion moves on from Senate panel

After an emotional debate, three strikes legislation cleared the Senate Public Affairs Committee on a 7-2 vote Saturday. Sponsored by Rep. Paul Pacheco, R-Albuquerque, the bill adds a number of violent crime felonies to the state’s existing “three strikes” law, which mandates life imprisonment for people who are convicted three times of certain felonies. The […]

After an emotional debate, three strikes legislation cleared the Senate Public Affairs Committee on a 7-2 vote Saturday.

State Rep. Paul Pacheco
State Rep. Paul Pacheco

Sponsored by Rep. Paul Pacheco, R-Albuquerque, the bill adds a number of violent crime felonies to the state’s existing “three strikes” law, which mandates life imprisonment for people who are convicted three times of certain felonies. The bill is known as “Lilly’s Law,” named after 4-year-old Lilly Garcia, who was shot and killed last fall during a road rage incident in Albuquerque.

Lilly’s parents, Alan and Veronica Garcia, acted as expert witnesses for the bill.

Pacheco acknowledged that penalties in his bill bill aren’t “perfectly matched” to the person who killed Lilly Garcia, whose previous crimes would not fall under the current or Pacheco’s expanded three strikes law. Pacheco previously told NM Political Report he wasn’t sure if his bill would apply to Toney Torrez, the man who killed Lilly Garcia.

“We named this bill ‘Lilly’s law’ at the request of Lilly’s mother,” Pacheco told the committee.

Both Pacheco and Veronica Garcia denied to the committee that politicians were using her. Veronica Garcia cited a story by NM Political Report that quoted lawmakers questioning why the bill is named after Lily Garcia.

“There has been talk that my family has been used,” she told committee members. “Nobody is pushing me to be here, nobody is telling me to be here, nobody is telling me to say certain things.”

Sen. Jerry Ortiz y Pino, D-Albuquerque, and chairman of the committee, brought up a press conference Veronica Garcia played a role in that accused Senate Majority Leader Michael Sanchez, D-Belen, of purposely holding up tough on crime bills in Senate. Ortiz y Pino, who voted against the bill, told Veronica Garcia that he remembered thinking she was being used when that press conference was held, noting that the Senate at the time hadn’t yet heard any House bills.

“I hope your experience this year will show you that [the legislative process] takes a while,” Ortiz y Pino said.

Sen. Ted Barela, R-Estancia, mentioned how the bill may not be able to heal families of victims of crimes and will not be able to bring back slain victims.

“But what about the next one?” he asked.

Sen. Daniel Ivey-Soto, D-Albuquerque, voted for the bill after amending it to make sure all three violent crimes were committed with the intent to cause death or great bodily harm, resulted in either of those and “were committed in a matter found to be violent.” Ivey-Soto stressed that they were not creating a three strikes law but simply adding to an existing law.

“So I don’t need to decide today if we should have a three strikes bill,” Ivey-Soto said. “I only need to look at what we have today and see if the law is doing what it’s intended.”

Before the vote, state Corrections Department Secretary Gregg Marcantel gave an impassioned speech supporting the bill and arguing that a lack of funding is no reason to oppose it.

“To suggest we have been taking the eye out of the prison system and that the prison system needs work is no reason not to keep our neighbors safe,” Marcantel said.

But Kim Chavez Cook of the state Law Offices of the Public Defender argued that the bill’s language is broad enough to include conviction of three bar fights as leading to life in prison.

Sen. Bill O’Neill, D-Albuquerque, was absent from the Saturday evening vote, though committee chairman Ortiz y Pino said this was because O’Neill had to take care of a family member.

O’Neill, however, was present for and participated in some of the committee debate. He broke down while recalling a previous job where he worked directly with victims and family members of victims of crimes. But he said the bill doesn’t resolve the problem it’s addressing.

“As much as I feel your loss, I cannot support this bill,” he said.

Sen. Mimi Stewart, D-Albuquerque, also voted no on the measure. It now heads to the Senate Judiciary Committee.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…

GET INVOLVED

© 2023 New Mexico Political Report