Lujan Grisham signs body camera bill into law

Gov. Michelle Lujan Grisham on Wednesday signed into law a requirement for all law enforcement officers to wear body cameras, regardless of jurisdiction. According to the new law, agencies must also keep footage for at least 120 days. 

Sponsored by Sen. Joseph Cervantes, D-Las Cruces, SB 8 would also allow the New Mexico Law Enforcement Academy Board to revoke certification from any law enforcement officer who is found guilty of using illegal use of force while on duty. 

The law comes amid a national push for police accountability, but also after years of pushing from advocates to get local police departments to start using body cameras. 

The Bernalillo County Sheriff’s Office, is one example of an agency that resisted supplying officers with body cameras. Bernalillo County Sheriff Manny Gonzalez has long argued that body cameras present an unnecessary cost to his department. 

Lujan Grisham added the issue of police body cameras to the list of proposals the Legislature could consider during the special legislative session that took place last month. 

According to a press release sent out by Lujan Grisham’s office, the governor added body cameras to the call after George Floyd died while a Minneapolis police officer pressed his knee against Floyd’s neck for nearly nine minutes.   

Prosecutors have charged the officer, Derek Chauvin, with second-degree murder and manslaughter, and charged three officers who were nearby and did not intervene with aiding and abetting murder and manslaughter. Video of the killing prompted worldwide protests, including in New Mexico, against police brutality and calls to defund police departments.

A bill to prohibit requiring NDAs for sexual harassment settlements headed to Guv’s desk

A bill that supporters say will prevent serial sexual harassers in the workplace passed the Senate floor 23 to 13. HB 21 will enable victims of sexual harassment, retaliation and discrimination in the workplace to determine if a nondisclosure agreement should be part of a settlement with a former employer. Backers of the bill say it levels the playing field and prevents serial abuse. The bill is now headed to Gov. Michelle Lujan Grisham, who is expected to sign it. According to Christopher Papalco, a University of New Mexico law student, 38 percent of sexual harassment claims in New Mexico involve repeat offenders.

Bill to aid pregnant workers clears committee after debate over perceived vagueness

The Senate Judiciary Committee passed a bill to protect pregnant workers but killed a proposed amendment that some lawmakers said would have protected workers who allege a violation of the proposed law from further discrimination. HB 25 aims to protect pregnant workers or new moms from discrimination in the workplace. Under the proposed law, New Mexico employers with four or more employees would have to provide “reasonable accommodations” to a pregnant worker or new mom. Examples of “reasonable accommodations” are defined as reprieve from heavy lifting, providing water or a stool at a workstation and extra bathroom breaks, according to backers of the bill. The bill has received wide support from industry, anti-abortion groups and abortion rights organizations.

Cannabis legalization stalls in committee

A recreational cannabis legalization bill stalled in the Senate Judiciary Committee Wednesday, while a bill that would limit who can become a medical cannabis patient moved on. Both bills are sponsored by Sen. Jerry Ortiz y Pino, D-Albuquerque, who has pushed for legalization in various ways for a number of years. 

Ortiz y Pino’s legalization bill, SB 115, by far received the most debate and criticism, particularly from the committee’s chairman Sen. Joseph Cervantes, D-Las Cruces. Cervantes, who has long pushed for decriminalization, but has said he does not favor full legalization, said he was more concerned with problematic language in the almost 200-page bill. He spent more than 30 minutes going through some of his concerns, one of which was fairness. 

“This bill reflects one of the weaknesses in this state which is the propensity to pick winners and losers,” Cervantes said. 

He meticulously picked apart the bill and cited provisions that he said seemed unfair like a section that aims to include organized labor in cannabis production companies and a section that would create a subsidy program for indigent medical cannabis patients. Cervantes also said he didn’t like that the bill would allow those with previous drug convictions to get into the industry, even invoking the name of infamous drug lord El Chapo. 

The bill was tabled on a 6-3 vote.

Senate passes public records bill, chides Martinez administration

The New Mexico Senate unanimously passed a bill Saturday that would allow the public to immediately view records pertaining to claims against the government, as legislators admonished financial settlements made under the administration of former Gov. Susana Martinez. Senate Bill 64, sponsored by Sen. Sander Rue and three other lawmakers, would remove a requirement that the state must wait 180 days before publicly disclosing information about such settlements. It would also eliminate criminal penalties for revealing confidential records related to these types of claims. The bill now moves to the House. Lawmakers said they were compelled to introduce the bill after millions of dollars in secretive settlements were made during the Martinez administration, many of which were found to have been carried out without adequate investigation or documentation. During debate on Saturday, senators had harsh words for officials from that administration and the attorneys involved, saying they allowed corruption to continue unchecked in New Mexico.

Red flag bill passes Senate

The New Mexico Senate approved high-profile gun legislation in a narrow vote Friday, likely clearing the way for the bill to become law. The chamber voted 22-20 to pass an amended version of Senate Bill 5, also known as the Extreme Risk Protection Order Act. Under the legislation, law enforcement officers would be able to petition for a court order to take away a person’s firearms for 10 days — an order that could be extended to one year — if they are found to pose a threat to themselves or others. The measure now moves to the House, where it is expected to pass and make New Mexico the 18th state in the nation, plus the District of Columbia, to have a similar so called red flag law on the books. A comparable bill passed the House in last year’s session but didn’t make it to the Senate floor.

Senate committee passes red flag legislation

So-called “red flag” legislation narrowly cleared the Senate Judiciary Committee on Wednesday by a vote of 6-5. Senate Bill 5, also known as the Extreme Risk Firearm Protection Order Act, now moves to the Senate floor for consideration. It would allow law enforcement officers to petition for a court order to take away a person’s firearms. A judge would require the person to give up their guns for 10 days — an order that could be extended to one year — if probable cause is found that the person poses a threat to themselves or others. The legislation, introduced by Sen. Joseph Cervantes, D-Las Cruces, is one of the most contentious of this year’s legislative session. But it is one of Gov. Michelle Lujan Grisham’s key crime-fighting initiatives, and gun-safety proponents say it will save lives and reduce gun violence.

‘Red flag’ gun bill steeped in controversy clears Senate panel

In an emotional hearing before hundreds of supporters and detractors, a state Senate panel narrowly passed a high-profile gun bill on Tuesday that would allow law enforcement to obtain a court order to confiscate guns from people considered dangerous. The Senate Public Affairs committee voted 4-3 along party lines in favor of Senate Bill 5, known as the “Extreme Risk Firearm Protection Order Act.” The bill will now be sent to the Senate Judiciary Committee. The legislation is a marquee item on Gov. Michelle Lujan Grisham’s agenda and likely to be one of the most contentious bills heard during the session. If it becomes law, New Mexico would join 17 other states and the District of Columbia that have similar measures, also known as “red-flag” laws. Sen. Joseph Cervantes, D-Las Cruces, who is co-sponsoring the legislation and is an attorney, invoked last year’s mass shooting at an El Paso Walmart as a reason why the bill should be passed.

Musical chairs with Senate committee leadership

The New Mexico Senate on Tuesday unanimously approved three new leaders for key committees, including Sen. Joseph Cervantes as chairman of the Senate Judiciary Committee. He succeeds a longtime colleague, Richard Martinez, who was convicted last month of aggravated drunken driving. Earlier in the day, the Senate Committees’ Committee, which chooses members of other panels that debate legislation before it reaches the Senate floor, selected Cervantes for the high-profile leadership position in which he likely will influence two key issues: legalizing recreational cannabis for adult use, which he opposes, and a firearms restriction for people considered at risk of harming someone, which he supports. Martinez, D-Ojo Caliente, relinquished the committee chairmanship after his conviction but did not step down from his Senate seat. Martinez injured two people in a drunken-driving crash in Española in June.

Mixed bag for cannabis legislation in 2019

After Democratic Gov. Michelle Lujan Grisham was elected and New Mexico’s House of Representatives saw a major increase of Democrats last fall, many New Mexicans speculated whether the state would also see cannabis legalization in 2019. The short answer was ultimately, no. But, the legislature enacted some major changes to the existing medical cannabis law and took at least one step towards decreasing jail time  for the use or possession of cannabis. Medical cannabis in schools (SB 204)

Senate Bill 204, sponsored by Albuquerque Sens. Candace Gould, a Republican, and Jacob Candelaria, a Democrat, and Rep. Gail Armstrong, R-Magdalena, would allow some students to use medical cannabis while at school.