2022 Legislative Session

‘Second chance’ passes House committee on narrow vote

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The House Consumer and Public Affairs Committee passed a bill on a party line vote that would prohibit life without parole for children in New Mexico on Thursday. The members passed the bill on a 3 to 2 vote. SB 43 would end the sentencing possibility of life without parole for a child and allow a parole board to decide if a child convicted of serious offenses could be released on probation or parole after 15 years. State Sen. Randall Pettigrew, R-Lovington, tried to amend the bill so that a parole board hearing could not happen before the inmate reached 20 years of prison time. State Sen. Antoinette Sedillo Lopez, D-Albuquerque, said this was not in the spirit of the bill.

Angelica Rubio

Bill to end new contracts on private prisons passes House committee

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A bill to impose a moratorium on new contracts for private prison facilities passed the House Consumer and Public Affairs Committee 3 to 2. Rep. Angelica Rubio, D-Las Cruces, and a co-sponsor of HB 352, described it as “a newer version” of HB 40, which stalled at the House Appropriations and Finance Committee earlier this session. HB 352 would create a task force made up of 17 stakeholders, including the state Department of Corrections and other agency representatives, to analyze phasing out private prisons. HB 40 would have ended private prisons within 3 to 5 years in New Mexico. HB 352 is a more “narrow” approach, advocates said.

News

House committee delays vote on bill to expand state’s ‘red flag’ law

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Opponents of a gun control bill that would expand a controversial new law in New Mexico argue the measure would give police too much power — enough to seize their firearms even if they have committed no crime. 

About 15 people testified Thursday against House Bill 193, which would amend New Mexico’s Extreme Risk Firearm Protection Order Act by adding law enforcement officers to the list of people who could seek a court order to temporarily take firearms from a person considered a threat. Under current law, police officers can only seek a court order if it is requested by a family member, a school official, an employer or someone who has had a “continuing personal relationship” with a person considered a threat to themselves or others. The new legislation would allow an officer to seek a court order based on his or her own observations. The House Consumer and Public Affairs Committee allowed public testimony on the proposal but postponed a vote on whether to endorse it until the panel’s next hearing, scheduled for 1:30 p.m. Saturday. Few issues stir emotions as much as gun control.

Quick Reads

‘Red flag’ bill only gets one committee assignment in House

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This year’s high-profile firearms legislation will be heard by a House panel Tuesday, but it won’t be the Judiciary Committee. The controversial Senate Bill 5, which allows law enforcement to petition a court to take away a person’s firearms if they are found to pose a threat, will instead be heard by the House Consumer and Public Affairs Committee. It’s a decision that had House Republicans sharply criticizing the Democratic majority Monday. “I think they’re just trying to force it through,” said House Minority Leader Jim Townsend, R-Artesia. “Any time you have a bill that’s so charged and has been amended five or six times, it deserves to be looked at by the Judiciary Committee in the opposing house.”

The Senate passed the legislation by a narrow margin Friday, and on Monday House Speaker Brian Egolf assigned it to be heard in the public affairs committee before it would proceed to a floor vote. The bill, also known as the Extreme Risk Protection Order Act, would allow someone’s firearms to be confiscated for 10 days, an order that could be extended to one year.

House Consumer and Public Affairs Committee

Bill to license massage therapy businesses aimed to stop ‘nefarious’ activities

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A bill that looks innocuous – requiring massage parlor establishments to be licensed – could have big consequences. Although no one knows how many massage parlors are legitimate and how many are not, the ones that are not often serve as fronts for human trafficking, say authorities and sexual assault advocates. The New Mexico Regulation and Licensing Department estimates there are about 8,200 massage therapists in the state and there could be as many as 1,500 establishments that would need to apply for licensure if the bill passes. Rep. Linda Trujillo, D-Santa Fe, is sponsoring HB 155. “We recognize there are thousands of fabulous massage therapists all over the state, but there are a few that are not in the business for massage therapy,” Trujillo told NM Political Report.

News

Bill to raise penalty for school threats blocked

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The divide over how best to punish those who threaten to commit violence in schools widened Thursday, as a panel of Democrats blocked a bill to make the crime a fourth-degree felony. Rep. Randal Crowder, R-Clovis, said he introduced House Bill 115 to create a specific crime for leveling terrorist threats at a school or other public building. He said it would be a means of deterring juveniles and adults alike from feeling emboldened in targeting schools. Democrats countered that his bill was so broad it could turn teens who do something stupid into felons for life. More important, a legislative staff analysis of Crowder’s proposal found that the state already has other laws that can be used to prosecute people who make threats.

News

Parental notification bill fails in House committee

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Two hours of emotional testimony from New Mexicans on both sides of the abortion debate did not seem to change anyone’s mind at the Legislature on Saturday, as a House committee voted along party lines to block a bill that would have required abortion providers to notify parents before their child undergoes the procedure. The Republican sponsors behind House Bill 56 said the measure was a simple step to ensure minors make informed decisions with their parents before getting an abortion. But critics countered that the measure would hamper the rights of young women in making an intensely personal decision and delay care for patients. The House Consumer and Public Affairs Committee tabled the bill on a 3-2 vote, with Democrats on the prevailing side. The bill would have required abortion providers to contact a minor patient’s parent or guardian by a certified letter delivered via courier at least 48 hours before their child undergoes the procedure.

2017 legislative session

A look back at what happened during the session

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After the 2017 general legislative session adjourned, Gov. Susana Martinez vowed to veto any tax increases and to call legislators back to the Roundhouse for a special session soon to redo the budget. Democrats said their package would avoid any further cuts to education, which has seen several slashes in recent years because of declining revenue to the state. The governor’s office says a state government shutdown could happen as early as next month. This story also appears in this week’s edition of the Alibi. In a post-session press conference, Martinez blamed lawmakers, saying some “failed to do their jobs this session.” Her tone capped a tense few days between her office and the Legislature.

Abortion

House panel passes bill to remove pre Roe v. Wade law criminalizing abortion

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A Democratic-majority House committee voted along party lines Thursday afternoon to remove pre-Roe v. Wade language in state statute that criminalizes abortion practices. The original state law, passed in New Mexico in 1968, makes “criminal abortion” subject to a fourth-degree felony. It defines “criminal abortion” as any action or attempt at an “untimely termination” of a pregnancy that is not “medically justified.” A medically justified abortion, according to state law, is limited to abortions in cases of pregnancy from rape, incest or when the pregnant woman’s life is in danger. The landmark 1972 Roe v. Wade decision, which legalized abortion in most cases across the country, made state laws like this obsolete. Related story: House committee stalls another round of abortion bills

But proponents of the bill to strike the old state statute argue that the state language would go right back into law should the U.S. Supreme Court change Roe v. Wade in the future.

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House panel rejects bill to bring back death penalty

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When Juan Melendez was on Florida’s death row for a murder conviction, his mother built an altar with a statue of the Virgin of Guadalupe surrounded by roses. She said five rosaries a day, asking for a miracle to exonerate him and bring him home safely. She also wrote Melendez a letter saying, “Have faith, put your trust in God and that miracle will happen. One day, you will be free.” It took 17 years, but the miracle happened.