On January 21, New Mexico Gov. Michelle Lujan Grisham delivered her 2025 State of the State address to begin the 60-day legislative session. During her address, the Governor told legislators this:
“Everyone in this room knows that crime is out of control in New Mexico. Even our public safety professionals agree, we’re in a state of crisis…the violent crime rate in New Mexico is twice the national average. Addiction is rampant. And we’re clearly struggling to protect New Mexicans from this madness. … I recognize that the issues that plague us are rooted in poverty, inequality and generational challenges long neglected. … But our crime problem destabilizes the very communities we seek to empower. It threatens the very prosperity of our state, in which we have invested so much. We cannot and we must not let this continue. We need the tools to overcome this challenge. We can respect civil rights and protect the right of every family to live safely, the right of small businesses to conduct commerce securely and the right of our children to grow up in communities free from danger.”
Governor Lujan Grisham has said she does not agree that New Mexico’s high violent crime rate is due more to a lack of enforcement of existing laws than a need for tougher laws. The Governor said this:
“Frankly, even if that was true, we have a crisis. … And you better do everything in your power to address that crisis, otherwise, I don’t know how you look families in the eye.”
Lujan Grisham pointed to data shared by the nonpartisan nonprofit Council of State Governments Justice Center that shows New Mexico’s violent crime rate in 2023 was 21% higher than a decade earlier and twice the national average. The governor cited the intersection between poverty, homelessness, mental health, addiction and crime, saying the state needs to invest more in programs to help people become stable, productive members of society.
Last year, the governor held town halls in Alamogordo, Las Cruces, Gallup, Raton and other cities. The message delivered to her was clear: People don’t feel safe. The governor outlined in her State of the State address several of the proposals she will push lawmakers to adopt during the legislative session. Her priorities include the following:
- Toughening penalties for people with felony convictions who illegally possess firearms.
- Sentencing for criminals who traffic deadly drugs like fentanyl.
- Calling for the mandatory “civil commitment for those who need treatment the most.” The governor said she wants to “reform criminal competency laws that let too many dangerous people remain on our streets.”
- Pushing for a tax rebate for businesses “to help businesses foot the cost of security personnel and equipment until we can get our crime epidemic under control.”
RESPONSES TO GOVERNOR’S PROPOSALS
Following the governor’s State of the State address, Republican leaders held a news conference to respond to Governor Lujan Grisham’s proposals. Republican leadership said they appreciated her new tough-on-crime agenda, but they said they have proposed such legislation the entire time she has been governor and without any action by the Democratic controlled legislature. The Republican leadership said her speech focused too much on behavioral health spending, which they described as throwing more money at solutions that will be slow to develop.
ACLU REACTS
The American Civil Liberties Union of New Mexico objected to the push for stiffer criminal penalties saying lawmakers should focus instead on preventive measures. Lena Weber, the interim policy director at the ACLU of New Mexico, said this:
“[The ACLU was] disappointed to hear the governor yet again propose policies that will fuel mass incarceration in our state and harm our communities. Longer sentences and coerced treatment aren’t the solutions our state deserves. We urge the governor and the Legislature to reject harmful proposals and instead double down on the real solutions that the governor and lawmakers have already proposed that will offer stability and safety by investing in housing, healthcare, education and jobs.”
Lena Weber said the organization was “encouraged” to hear the governor’s commitment to taking bold steps to reduce homelessness and improve access to behavioral health care. Weber described them as “the real solutions we need to build lasting community safety for all New Mexicans – not more of the same ‘tough on crime’ approach that has failed our state for years.”
INTRODUCED LEGISLATION
More than 40 bills dealing with crime and criminal penalties have been filed since the start of New Mexico’s 60-day legislative session. Some lawmakers say there’s a greater sense of urgency to address crime this year amid a spike of violent crimes involving juvenile offenders. The following are a few of the major bills introduced:
- Senate Bill 32: Creates it a fourth-degree felony of possession of a stolen firearm.
- Senate Bill 70: Amending it a state racketeering law to include human trafficking and other crimes.
- House Bill 165: Making it easier to hold defendants accused of certain violent crimes in jail until trial.
- House Bill 166: Increase the criminal penalty for convicted felons in possession of a firearm.
- Senate Bill 166: Changing the definition of dangerousness in state’s laws dealing with involuntary commitment for individuals with mental illness.
- Senate Bill 95: Making it a capital crime to sell fentanyl to anyone who subsequently dies due to an overdose.
OTHER LEGISLATION OUTLINED
Republican State Senator Craig Brandt is sponsoring a bill that would make it a felony to make a shooting threat. House Representative Joy Garratt is also looking to push a similar bill through the House. It’s a bill Brandt has tried to get through the legislature in the past. Sen. Brandt said this:
“It seems like a very common-sense thing. We have a felony if you call in a bomb threat … a shooting threat is pretty much the same alignment.”
A bill sponsored by Republican State Rep. Stefani Lord would make it legal to carry a firearm, open or concealed, without a permit. This is the second time she has sponsored the legislation. Rep. Lord says 29 states already have made “permitless carry” legal. She added that those states have not seen an increase in crime rates. Rep. Lord said this:
“What we’re trying to do with this bill is codify the right of law-abiding citizens to carry a handgun and ensure equity for all of our New Mexico citizens, no matter what your income, age, or physical ability, so you can lawfully exercise your right to bear arms if you so desire.”
Albuquerque West Side Democrat Rep. Cynthia Borrego is sponsoring a bill to deal with vehicle thefts that would increase penalties. If passed, penalties for receiving, embezzling, or stealing a vehicle would increase for each additional offense and could be stacked together, so committing one of those other offenses along with stealing a car could make your sentence harsher. Currently, those crimes are less harsh standing alone.
HB107 would increase penalties for people who traffic drugs resulting in someone’s death.
GOVERNOR OUTLINES SUPPORT FOR PUBLIC SAFETY MEASURES
During a January 28 news conference, flanked by law enforcement officials and both Democratic and Republican lawmakers, the Governor expressed support for specific public safety and crime measures. The Governor said she does not agree that New Mexico’s high violent crime rate is due more to a lack of enforcement of existing laws than a need for tougher laws. Lujan Grisham said this:
“Frankly, even if that was true, we have a crisis. … And you better do everything in your power to address that crisis, otherwise, I don’t know how you look families in the eye.”
Capital felonies under New Mexico law include first-degree murder and are punishable by life in prison without the possibility of parole. The Governor said she supports a proposal that would make it a capital felony for anyone convicted of selling fentanyl to another person who dies of an overdose. Lujan Grisham described the bill, which is sponsored by Republican Sen. Crystal Brantley, R-Elephant Butte, as a “powerful” proposal.
Governor Lujan Grisham indicated her support for House Bill 4 that would change New Mexico’s judicial procedures for cases involving defendants with mental illness. Rep. Christine Chandler, D-Los Alamos, the bill’s sponsor, said voluntary treatment is still preferable for defendants who are willing to seek it, but said some individuals need a “push” to get help. Chandler said this:
“I feel confident that it’s the right approach to address the concerns we’ve all been hearing since the summer.”
During the January 28 press conference Sen. Craig Brandt, R-Rio Rancho, applauded the governor for working with Republicans and Democrats alike on public safety issues. Brandt said this:
“Crime is all over this state. … It’s no longer just an Albuquerque problem and I’m tired of hearing that.”
GOVERNOR APPLIES PRESSURE TO GET LEGISLATION PASSED
Gov. Michelle Lujan Grisham is applying pressure on state lawmakers to fix public safety issues during the 60 day legislative session which will be her very last as Governor. Democrats, Republicans, law enforcement officials, and other state leaders are on the same page, but has always been the problem, improving public safety and actually doing something are two very different things. Consequences, intervention and prevention are areas the governor and legislative leaders are trying to tackle at the same time. House lawmakers are working on two key public safety proposals. One would expand New Mexico’s red flag law to make it easier for law enforcement officers to use. The other is reworking the state’s criminal competency laws.
CRIMINAL COMPETENCY LAWS
It is reworking the state’s criminal competency laws that is clearly the most complicated proposal. It would give the courts more options when suspects are deemed incompetent to stand trial. A lot of those suspects are simply released back on the streets, and the proposed legislation could make it easier to get those suspects into behavioral health treatment programs which is something the governor says they just aren’t doing on their own.
Governor Lujan Grisham has expressed openness to expanding New Mexico’s behavioral health system for individuals with mental illness or substance abuse disorders. The governor says the mentally ill are not seeking mental health care on their own. The Governor said this:
“I have yet to see that occur in any community in the state. In fact, the data suggests, pretty unequivocally, rarely, if ever, do they get the help or stay in a treatment program so that they can be fairly supported and get out of this revolving door crisis. … We aren’t going to vilify poverty or mental health issues. … But we aren’t going to tolerate … criminality anywhere in the state.”
The goal is to close the so-called revolving door when it comes to behavioral health care treatment and competency. Democratic state lawmakers are saying they have spent extra time making sure their proposal does not violate New Mexican’s civil liberties.
Leading Democratic legislators are proposing the creation of a $1 billion behavioral health trust fund to underwrite future spending on addiction and mental health treatment to rein in crime and homelessness. Companion legislation would compel some people to receive treatment.
Lujan Grisham also voiced her support for holding people who are deemed dangerous in custody pending trial and toughening laws to ensure repeat offenders are held accountable. She said it’s a small group of repeat offenders who wreak a large percentage of havoc. The Governor said this:
“We cannot, we must not let this continue. … We need the tools to overcome this challenge.”
INCREASING PUNISHMENTS
Increasing punishment for certain crimes is part of the public safety proposals. The governor is backing efforts to increase the punishments for the following criminal offenses:
- Fentanyl trafficking.
- Human trafficking.
- Shooting from a motor vehicle.
- Increasing penalties for possessing a stolen gun.
- Increasing penalties for convicted felons caught with guns.
CHANGES TO JUVENILE JUSTICE LAWS
There is a bi-partisan push to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code to make sure violent teen suspects are held accountable. The push is being spearheaded by Democrat Bernalillo County District Attorney Sam Bregman. DA Bregman has said that overall violent crime appears to be trending down in New Mexico. However, he has said violent juvenile crime is “out of control,” saying 25 defendants under age 18 are currently detained and facing murder charges in New Mexico. Bregman said this:
“Juveniles without consequences who later commit murder or violent crimes happens every single week in Bernalillo County. … We have to do some things so they learn when they first enter the criminal justice system that their conduct of violating certain laws and norms cannot continue without a consequence. Therefore, they learn it, because we’re not at the end of the day.”
PROPOSED CHANGES TO CHILDREN’S CODE OUTLINED
Bernalillo County District Attorney Sam Bregman has said that from January of last year to November of this year there have been 1,448 juvenile cases. This includes 24 homicides, 386 cases involving firearms, 49 armed robberies, and 44 rapes. He said from 2022 to 2023, there’s been a 57% increase in cases that involved kids with guns. However, in the first ten months of 2024, there was a 37.5% decrease in juvenile felony gun crimes compared to the same time in 2023.
In response to the juvenile violent crime rates, Bregman’s office has developed a list of 36 amendments to the Children’s Code and the Delinquency Act. These changes include expanding the types of crimes where juveniles can be charged as adults, extending the jurisdiction of juvenile services to 25 years old and expanding youth gun restrictions. Bregman is proposing a 64-page bill with proposed amendments to the children’s code to crack down on youth crime. The proposed changes are all aimed at making sure there’s proper guardrails for juvenile criminals.
The proposed changes to the Children’s Code and Delinquency Act Bregman has listed are the most important are:
- Expanding the definition of “Serious Youthful Offender” to include second degree murder, voluntary manslaughter, criminal sexual penetration (rape), armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death.
- Extending the age of possible imprisonment for “Youthful Offenders” from 21 to 25 years old. As the law is currently written, once a juvenile offender turns 21, in most cases, the criminal justice system automatically loses jurisdiction. Extending jurisdiction to age 25 would provide more time to get youthful offenders to get the treatment and supervision they need, while also monitoring the progress they are making.
- Making it a felony for unlawful possession of a firearm for people under 19 to have any guns, including rifles, and not just handguns. Right now, it is illegal for anyone under the age of 19 to be in possession of a handgun. However, it is not illegal for anyone under the age of 19 to possess an assault rifle. The law would be updating language from “handgun”to “firearm,”which will include assault rifles. Bregman is also proposing to increase the penalty for this crime from a misdemeanor to a fourth-degree felony.
- Moving a person to an adult facility once they reach the age of 18. Bregman believes that when a juvenile convicted of a violent crime turns 18, they should go to an adult facility because he does not want an 18-year-old in custody with a 13-year-old.
- Remove the use of the “Risk Assessment Tool” to determine if a child is to be detained and allow prosecutors to file charges without having to first consult the juvenile probation office. Bregman said detention risk assessments also often stand in the way of holding young people who have been arrested, adding the assessments fail to give judges enough discretion and law enforcement officers enough credit as people with firsthand knowledge of a crime. Bregman said this: “I say that if a police officer determines that that person needs to be arrested at the time, they need to be booked into the [detention center], and within 24 hours or so, a judge needs to hear and determine whether or not that person should be detained pending adjudication of the charges”.
- Unsealing juvenile records during certain court hearings proceedings. This would consist of removing the secrecy laws that seal juvenile records from public review for the most serious offenders. This would allow juvenile records to be used during any adult conditions of release or sentencing hearing without having to obtain a court order to unseal the records. Every judge has the right to know and consider if the person in front of them has a violent past when determining conditions of release or sentencing. This change would allow for additional information to be heard and considered and will ultimately promote public safety.
- Requiring judges to preside over juvenile detention hearings.
- Grant judge’s discretion on the length of probation or commitment terms based on a juvenile’s history.
LEGISLATURE PUSHBACK
The governor has faced major pushback from lawmakers in her own party for her public safety ideas before. Last year, the Governor called a special session to deal with and enact specific public safety legislation. The special session lasted one day and not a single bill she proposed was enacted. Lujan Grisham said many bills have been improved since a special session last summer. The Governor said this:
“What came to light is none of us, including my office, were really looking at the data about what was happening in our communities.”
It is more likely than not all public safety measures will have to survive the Senate Judiciary Committee, where Democrats have repeatedly shot down public safety bills dealing with pretrial detention where defendants charged with serious felonies be held until trial. Opposition has been over constitutional concerns.
New Mexico State Senate Judiciary Committee Chairman Joseph Cervantes, Democrat from Las Cruces, has been the biggest impediment to enactment of public safety measures to reduce crime. Over the past 3 legislative sessions in particular, many public safety measures such as gun control measures and pre-trial detention measures to jail defendants until trial have been referred to his committee only to be voted down. Cervantes has said this in reaction to the city’s high crime rates:
“High crime rates are an Albuquerque problem. … I’ve said for years, with lots of opposition, that Albuquerque crime is attributable to an utter lack of accountability and leadership, and outright corruption, which the public and media tolerate. No new laws can solve this.”
The governor suggested lawmakers should consider enacting a number of proposals into one massive public safety bill known as an omnibus crime bill. Lujan Grisham said this:
“Maybe the benefit of those debates for those years, allows New Mexico not to nibble again at the edges and do one or another, but an omnibus package, which we haven’t done, I don’t think in decades. You know what? I’ll take that 1,000% of the time, because that will erode this crisis and do something about it faster than one or two pieces of legislation at a time.”
Legislative leaders have confirmed they want to get through major public safety proposals in the first 30 days of this session. However, there has been no mention of and omnibus package.
COMMENTARY AND ANALYSIS
This year, Democrats have a commanding 43-26 majority in the House and a 26 to 16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing. Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives remaining to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.
If there was ever a realistic chance for the New Mexico Legislature to enact major public safety measures, 2025 is the year to do it. Lujan Grisham will have only one more Legislative session before she leaves office, but the 2026 session is a “short session” of 30 days and primarily focused on budgetary matters. Democrat House and Senate leadership need to reach out to the Governor and ask for her support on all public safety legislation and get assurances she will sign it and not veto it in the end, otherwise they are wasting a lot of time.
Links to quoted or relied upon news sources are here:
https://www.kob.com/new-mexico/state-lawmakers-focus-on-public-safety-plan/
https://www.manisteenews.com/business/article/new-mexico-governor-sets-priorities-for-20047957.php