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Round Up From The Roundhouse: “Three Strikes”, “Lilly’s Law” Passes The House and More News

FGGAM NEWS received these news releases from the NM House Republican Caucus:

Bipartisan Bill To Reform “Three Strikes” Law Passes The House of Representatives

 

Santa Fe, NM –Rep. Paul Pacheco’s bipartisan bill to reform New Mexico’s “three strikes” law passed the House of Representatives this evening on a 47-15 vote. House Bill 56 would close the criminal justice revolving door on violent repeat offenders by keeping dangerous felons in jail after they have been convicted of three major violent criminal offenses.

 

“The current three strikes law has been on the books since 1994, and it’s never been used,” Pacheco said. “New Mexico’s violent crime rates are far too high.  According to our Attorney General, New Mexico is the second most dangerous state in the nation. Improving weak laws like the current three strikes law is one step we can make towards reducing violence in our state.”

 

The current list of crimes that would make a violent convicted offender eligible for mandatory life sentencing is too narrow. As a result, no defendant has been convicted under the current law. Pacheco’s bill would expand the list of offenses to include crimes in which the perpetrator exhibits a propensity for violence. By increasing the number of crimes qualifying violent offenders for prosecution under the three strikes law, criminals who have repeatedly committed major violent offenses can be more effectively kept in prison and away from the public.

 

The bill, also referred to as “Lilly’s Law,” is named for Lilly Garcia, a four-year-old girl who was the victim of a violent road rage incident in Albuquerque last year. The bill to expand the three strikes law is part of a larger effort to improve public safety and prevent future tragic losses of innocent lives.

 

Lilly’s mother, Veronica Rael-Garcia issued the following statement on the passage of the bill:

 

“Although this law would not have prevented Lilly’s death, we fully support it so no other parent has to endure what we have had to endure.  We are working with other families who have been hurt by violence to stop violent criminals from harming other people.  Seeing Lilly’s Law pass is a part of this effort.”

 

The Courts, Corrections and Justice Interim Committee of the Legislature endorsed Pacheco’s proposal last year.  The bill now moves to the Senate for its consideration.

Legislation to Consider DWI Felons as Habitual Offenders Passes House Committee

Santa Fe, NM – Legislation sponsored by Rep. Jim Dines allowing judges to impose stricter penalties on DWI felons passed the House Safety and Civil Affairs Committee today by a vote of 5-2.  The bill, HB 82, would expand New Mexico’s Habitual Offender law to include DWI felonies.

“Four or more DWI convictions ought to qualify an individual as a habitual offender,” said Dines. “This bill closes a gap in the existing law so DWI felony offenses can be considered for enhanced sentencing under the Habitual Offender statute.  Fixing the law will keep repeat drunk drivers off of the roads and protect New Mexico’s families.”

A DWI offense can be deemed a felony after the fourth conviction. Currently, individuals convicted of a DWI felony are exempted from the stricter penalties provided for in the Habitual Offender law. The legislation sponsored by Dines would make repeat drunk drivers eligible for sentencing under the Habitual Offender law.

 

Bipartisan Bill to Crack Down on Repeat DWI Offenders Passes House Committee

 

Santa Fe, NM – Today, legislation to crack down on repeat DWI offenders by increasing penalties for fourth and subsequent DWI offenses passed the House Safety and Civil Affairs committee by a 7-2 bipartisan vote. House Bill 83 is sponsored by Representatives Sarah Maestas Barnes and Rod Montoya.

 

“Our laws are not doing enough to protect our families from drunk drivers,” Maestas Barnes said. “Too many innocent New Mexicans have been victimized by drivers who repeatedly choose to drive drunk.  This bill will help keep drunk drivers off New Mexico’s roads making them safer for all New Mexicans.”

 

According to recent statistics, New Mexico ranks near the bottom when it comes to the strictness of its laws and the strength of its criminal penalties.  The proposal offered by Maestas Barnes and Montoya would increase the punishment for individuals convicted of four to seven DWIs by adding an addition year to their sentences. It also includes a provision to qualify an eighth DWI conviction as a second-degree felony, which would make the offender eligible for a 12-year sentence.

 

In addition, the legislation would elevate homicide or great bodily harm by a vehicle while under the influence from a third-degree felony to a second-degree felony, allowing for judges to sentence offenders to additional incarceration.

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Bill to Increase Penalties for DWI Offenders Driving With Suspended License Passes House Committee

Santa Fe, NM – Today, legislation to help address New Mexico’s DWI problem passed the House Safety and Civil Affairs Committee by a 4-3 vote. House Bill 81, sponsored by Rep. Paul Pacheco, will toughen the punishment for DWI offenders who continue to get in the driver’s seat after their licenses have been suspended or revoked. A recent study ranked New Mexico 33rd in the country when it comes to the strictness of its DWI laws, highlighting the need to enhance the state’s DWI penalties.

“There is no question that we need stronger DWI laws in New Mexico,” Pacheco said. “We have seen drunk drivers continue to get behind the wheel even after their licenses is suspended.  We must hold these repeat DWI offenders accountable for their reckless actions that endanger the lives of all New Mexicans.”

Pacheco’s proposal would make it a fourth-degree felony to be charged with a DWI while driving with a license that has already been revoked or suspended for a prior DWI offense.

If passed the bill would also increase punishments for individuals who lend their car to someone with a revoked or suspended license due to DWI.

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