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New Mexico Legislative updates from the House Republican Caucus:
Bills to Strengthen New Mexico’s Child Abuse Laws Pass House
Santa Fe, NM – Two bills to strengthen protections for New Mexico’s children passed the House of Representatives today. The bills, HB 68 and HB 69, are sponsored by Rep. Conrad James. HB 68 passed by a vote of 61-1 and HB 69 passed by a vote of 63-0.
“We must do everything we can to deter crimes against children,” said James. “Intentional child abuse is unconscionable and intolerable. These bills will help stop child abusers from hurting other kids, and I hope the Senate will act on them quickly.”
HB 68 will increase the penalty for the first offense of intentional child abuse from a third degree felony to a second degree felony. The penalty for subsequent offenses would be increased from a second degree felony to a first degree felony.
HB 69 will broaden Baby Brianna’s Law to include all children under the age of 18. The law is named after Brianna Lopez, an infant who was killed by members of her family in 2002. Currently, individuals who intentionally abuse a child resulting in the death of the child face life in prison only if the child is under the age of 12. James’s proposal would make all acts of child abuse resulting in the death of the child punishable by life imprisonment, regardless of the age of the child.
The two bills are similar to legislation James sponsored last year. The legislation passed the House of Representatives by a vote of 50-10, but it died in the Senate.
Bipartisan Legislation to Close Dangerous Child Pornography Loophole Passes House Floor
Santa Fe, NM – Bipartisan legislation to close New Mexico’s child pornography loophole passed the House Floor today on a 60-2 vote. The bill is sponsored by Representatives Sarah Maestas Barnes (R – Bernalillo), Randal Crowder (R – Curry) and Javier Martinez (D – Bernalillo).
“Every image of child pornography represents a child that has been abused, victimized and exploited,” said Maestas Barnes. “It’s unacceptable for us to continue to leave our children vulnerable to predators and this heinous industry. I hope the Senate will do the right thing for our children and pass this important bill. Our children deserve it and are depending on us to provide these protections.”
Under current law, an individual possessing multiple images of child pornography can only be charged with a maximum of one count of possession. A person possessing 100,000 images of child pornography is treated the same as a person possessing one image. HB 65 would strengthen the current statute to give prosecutors the option of prosecuting individuals for each image or depiction of child pornography in their possession.
The bill allows prosecutors to use their discretion in charging violators based on the nature of the images, sexual abuse depicted, and volume of the collection. The bill also includes a provision requiring mandatory incarceration and sex offender registration for individuals found guilty of possessing child pornography depicting children under the age of 13.
The legislators introduced a similar bill during the 2015 Legislative Session. The bipartisan effort was supported by Attorney General Hector Balderas and Governor Susana Martinez. It unanimously passed the New Mexico House of Representatives but died in the New Mexico Senate Public Affairs Committee.
Bill to Protect Law Enforcement Officers Passes House Safety and Civil Affairs Committee
Santa Fe, NM – Legislation to amend the New Mexico Hate Crimes Act to include law enforcement officers passed the House Safety and Civil Affairs Committee today by a vote of 4-3. The bill, HB 95, is sponsored by Reps. Nate Gentry and Paul Pacheco.
“Assaulting a person specifically because they wear law enforcement badge should qualify as a hate crime,” Gentry said. “Law enforcement officials patrol the streets and maintain order in our communities, but sometimes our protectors need protection.”
The bill would add law enforcement officers to the list of protected classes included in the Hate Crimes Act. The bill would add more time to the sentences of individuals convicted of committing violent crimes against law enforcement officers if the crime was proven to be motivated by hate. The first conviction would result in one additional year added to the person’s sentence, and individuals could see an additional two years added to their sentences for a second offense.
“Three Strikes” Law Passes Judiciary Committee
Santa Fe, NM – Today a bill sponsored by Rep. Paul Pacheco to reform New Mexico’s “three strikes” law passed the House Judiciary Committee on a 7-4 vote. House Bill 56 would help keep career criminals off the street by closing the criminal justice revolving door that allows dangerous criminals out of jail and free to harm New Mexico families.
“The current three strikes law is so weak that it’s never been used,” Pacheco said. “We have a violent crime problem in New Mexico, and this legislation is one piece of the overall strategy to reduce our violent crime rates.”
The current list of crimes that makes a violent convicted offender eligible for mandatory life sentencing is too narrow. As a result, prosecutors never use the current law. Pacheco’s bill would expand the list of offenses that would qualify repeat offenders for mandatory life sentencing under the current three strikes law to include crimes in which the perpetrator commits a violent act or shows a propensity for violence.
By expanding the list of crimes qualifying violent offenders for prosecution under the three strikes law, criminals who exhibit violent tendencies can be more appropriately sentenced. The expanded law would help prevent additional tragedies resulting from the actions of callous and violent career criminals by keeping dangerous felons behind bars.
The Courts, Corrections and Justice Interim Committee of the Legislature endorsed Pacheco’s proposal last year. It passed the House Regulatory and Public Affairs Committee by a 4 to 3 vote earlier this week and is headed to the House Floor next.
House Committee Approves Bill to Ensure All Students Can Read by End of 3rd Grade
Santa Fe, NM – Legislation sponsored by Rep. Monica Youngblood to improve student reading passed the House Education Committee today by a 6-4 vote. The bill, HB 67, would identify struggling readers early, provide intensive reading intervention and instruction to struggling students, and end the failed policy of socially promoting students who cannot read at the lowest level.
“A student’s ability to read by the end of third grade is critical to his or her ability to learn,” Youngblood said. “This bill ensures that children are given the foundational skills they need to succeed both in school and in life.”
The bill requires an annual reading assessment for kids in kindergarten through third grade. The annual assessment would help teachers identify struggling readers as early as kindergarten, provide those students with targeted remediation and instruction so they could catch up to their peers.
Youngblood’s proposal would also provide professional development and support from reading coaches to teachers so they can effectively apply intensive intervention strategies. The bill would require that parents are kept informed of the student’s progress and given reading strategies to use at home.
The bill includes four good cause exemptions for students demonstrating proficiency in alternate norm-referenced assessment, English language learners, students with disabilities and students who have already been retained once between grades K-2nd. Students would only be retained after all intervention measures have been exhausted.
Studies show that students are four times more likely to drop out if they are unable to read proficiently by the third grade. One study found that 88 percent of high school dropouts were not proficient readers in the third grade. Currently, only 24 percent of New Mexico 4th graders have grade-level reading skills.
