NEWS UPDATE: ON FEBRUARY 27, 2025 GOVERNOR MICHELLE LUJAN GRISHAM SIGNED INTO LAW THE OMNIBUS CRIME PACKAGE, House Bill 8.
On February 22, the New Mexico legislature gave final approval to a high-profile package of crime bills contained in House Bill 8. The crime package is a compilation of six different bills that were consolidated into a single bill.
The package includes bills dealing with fentanyl trafficking, school shooting threats and auto theft, and was fast-tracked by top legislative Democrats in response to the governor’s call for more action on public safety issues. The governor signaled she will sign the legislation into law while urging lawmakers to also pass other public safety proposals during the final weeks of the 60-day legislative session.
During a February 22 press conference after the House adopted Senate technical changes to House Bill 8, Speaker of the House Javier Martinez said Democrats had followed through on their pledge to address public safety after a special session last summer ended with the governor’s crime-focused agenda being largely rejected. Speaker Martinez said this:
“I want to tell the people of the state, promises made, promises kept. … Can we do more? Of course, we can do more. That’s why we have been working on public safety for seven, eight years now. This is a process. There’s not one silver bullet.”
Democrat Senator Joseph Cervantes, Chairman of the Senate Judiciary Committee, said the legislature vowed to concentrate on public safety this session after the special session last summer. He and other supporters of the bills said that approving House Bill 8 is a promise fulfilled. Cervantes said this:
“We as legislators appreciate the frustration of the public and law enforcement the courts with what’s perceived to be a revolving door, and we hear that and see that frustration.”
https://www.kob.com/news/top-news/state-senate-approves-public-safety-bills/
House Bill 8 has a heavy focus on criminal competency. The bill looks to improve the court system and makes sure that individuals who may be having a mental health crisis when they commit a crime have access to the treatment, they need so they are able to stand trial.
New Mexico Democrat Speaker of the House Javier Martinez said this:
“Public safety is not just the people who are victims of crime. In many cases, the people who are committing the crimes, who are suffering from drug addiction, who are suffering from mental health issues, we are going to deliver the help that they need as well.”
THE CRIME PACKAGE BILL IN A NUTSHELL
The six house bills embodied in House Bill 8 are:
House Bill 4 is the criminal competency legislation. It gives prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are found to be dangerous to themselves or others and unable to stand trial. Under House Bill 4, when a court determines that a defendant is not competent to proceed in a criminal case the court shall determine if the defendant is dangerous. A defendant who is not competent is dangerous if the court finds by clear and convincing evidence that the defendant presents a serious threat of:
- Inflicting great bodily harm, as defined in Section 30-1-12 NMSA 1978, on another person;
- Committing criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
- Committing criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; (4) committing abuse of a child, as provided in Subsection D of Section 30-6-1 NMSA 1978;
- Violating a provision of the Sexual Exploitation of Children Act;
- Committing human trafficking, as provided in Section 30-52-1 NMSA 1978;
- Committing a felony involving the use of a firearm; or
- Committing aggravated arson, as provided in Section 30-17-6 NMSA 1978.
Democrat Senator Peter Wirth, majority floor leader, said this about House Bill 4:
“I think the governor’s focus really in the special session was on this competency bill, and it took everything we had during an interim process, 30 days’ worth of hearings, to have that be the centerpiece of the public safety package this year.”
The link to review House Bill 4 is here:
https://legiscan.com/NM/text/HB4/2025
House Bill 16 would increase sentences for trafficking fentanyl, depending on how many pills the defendant is convicted of possessing. Under Hose Bill 16, where a person is found guilty in possession of fentanyl in relation to a crime of trafficking a controlled substance, the basic sentence of imprisonment shall be enhanced as follows:
- Three years, if the person is in possession of between one hundred and five hundred pills, capsules or tablets containing a detectable amount of fentanyl, regardless of its concentration, or between ten and fifty grams of fentanyl powder, whichever is less;
- Five years, if the person is in possession of more than five hundred pills, capsules or tablets containing a detectable amount of fentanyl, regardless of its concentration, or more than fifty grams of fentanyl powder, whichever is less; or
- Five years, if the person has recruited, coordinated, organized, supervised, directed, managed or financed another to commit trafficking fentanyl.
The enhancement shall be in addition to, not a replacement of, charging conspiracy to commit trafficking.
The link to review House Bill 16 is here:
House Bill 31 would more severely punish the crime of threatening to shoot people by increasing the attached penalty from a misdemeanor, which carries a maximum possible jail sentence between six months and one year, to a fourth-degree felony, which comes with 18 months in prison. Under House Bill 31, making a shooting threat consists of intentionally communicating to another person an intent to bring a firearm to a property or use the firearm with the intent to:
- Place a person or group of persons in fear of great bodily harm;
- Prevent or interrupt the occupation or use of a public building;
- Cause a response to the threat by a law enforcement official or volunteer agency organized to deal with emergencies.
The link to review House Bill 31 is here:
House Bill 38 would ban devices that can convert semi-automatic firearms into fully automatic ones. House Bill 38 provides as follows:
“Unlawful possession of a weapon conversion device consists of a person knowingly having in that person’s possession a weapon conversion device or knowingly transporting a weapon conversion device.
- Each weapon conversion device found in violation of this section constitutes a separate offense.
- A person who commits unlawful possession of a weapon conversion device is guilty of a third degree felony.”
The link to review House Bill 38 is here:
House Bill 50 would group together the sentences for four different crimes related to stealing motor vehicles. State law already requires longer prison terms if someone commits one of these crimes on multiple occasions, but HB 50 would make subsequent convictions carry greater sentences for having violated any of the four statutes. It is essentially a stacking of sentences provision.
The four different crimes related to auto theft are:
- Unlawful taking of a vehicle or motor vehicle. (Theft)
- Embezzlement of a vehicle or motor vehicle. (Converting to own use a vehicle entrusted with the fraudulent intent to deprive the owner of the vehicle.)
- Fraudulently obtaining a vehicle or motor vehicle (Obtaining by means of fraudulent conduct, practices or representations.)
- Receiving or transferring a stolen vehicle or motor vehicle
Under House Bill 50, the penalty enhancement for first and subsequent offenses are as follows:
- Fourth degree felony for a first offense;
- Third degree felony for a second offense, regardless of which provision was the first offense; and
- Second degree felony for a third or subsequent offense, regardless of which provision was the first or second offense.
The link to review House Bill 50 is here:
House Bill 106 would allow police officers to test someone’s blood for drugs or alcohol if they refuse to take a breath test and the police have probable cause to believe they committed a misdemeanor. Existing law only allows police to test someone’s blood when they drive under the influence and either kill or seriously injure someone, or when they drive impaired and the officer has probable cause to believe they also committed a felony while doing so.
The link to review House Bill 106 is here:
https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0106.pdf
REPUBLICAN CRITICISM
During the February 21 Senate floor debate on House Bill 8, Republican senators tried to expand the crime package by proposing a series of amendments. The amendments would have expanded the state’s serious youthful offender law, changed the penalty for possession of a stolen firearm and made “swatting,” or directing law enforcement to respond to invented threats, a crime. The proposed changes were rejected with the argument made they should be vetted in legislative committees before being attached to a bill nearing final passage.
Though House Bill 8 was bipartisan legislation, its final passage still received criticism from Republican lawmakers, saying that it does not go far enough. Senate Republicans expressed criticism that House Bill 8 passed with no amendments requested by the party. Senate Republican Leader Bill Sharer said this in a statement:
“House Bill 8 is a small step forward in terms of improving public safety. I am disappointed, though certainly not surprised, that Democrats voted to kill each and every attempt Republicans made to improve this package and hold violent criminals accountable. Democrats continually kill our proposals and bottle up our bills in committee, and yet somehow New Mexico is supposed to believe they are ‘addressing crime?’ New Mexicans, the Governor, District Attorneys, law enforcement officers, and even criminals see this for what it is: Democrats are all talk and no action on improving public safety. They would rather give lip service to public safety needs than actually address our state’s crime epidemic.”
JUVENILE JUSTICE REFORMS STILL IN THE MIX
House Bill 8 consisting of the public safety package of six bills passed does not contain any legislation to address juvenile justice reform. House Minority Floor Leader Gail Armstrong, R-Magdalena, expressed disappointment about Democrats’ decision to advance the crime bills as a package, especially without including more aggressive punitive measures for juvenile offenders. Republicans failed to amend the package to include such content when the package passed the House floor, though GOP leadership still ultimately voted for its passage.
House Bill 134 is a bipartisan juvenile justice reform bill to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code. It would expand what is legally called a “serious youthful offender” which would allow juveniles to be charged as adults for more crimes to make sure violent teen suspects are held accountable. It would set aside money for programs providing services for youth in detention or CYFD and establish a panel to determine what comes next for a juvenile sentenced to a detention facility.
Bernalillo County District Attorney Sam Bregman has been lobbying lawmakers to pass sweeping juvenile justice reform since October. 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.”
House Speaker Javier Martínez, D-Albuquerque, said during the February 22 news conference after passage of the crime package there would be a “fair hearing” on a bill expanding the state’s serious youthful offender law amid a recent spate of violent crimes involving minors. But he also said lawmakers would look at ways to rehabilitate juveniles convicted of committing violent crimes.
OTHER CRIME FOCUSED LEGISLATION
With the New Mexico legislature reaching the half way point, its almost assured that there will be more debate ahead on crime-focused legislation. More than 1,200 bills have been filed during this year’s 60-day session or roughly 100 bills more than two years ago. More than 40 bills dealing with crime and criminal penalties have been filed since the start of New Mexico’s 60-day legislative session. Following are a few of the major crime 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.
Separate legislation under consideration by the House Judiciary Committee but not included in the adopted crime package include:
- House Bill 12 consists of amendments to the state’s five year old Extreme Risk Firearm Protection Order Act also know as the “Red Flag Law” which allows firearms to be temporarily seized from individuals deemed to pose a danger to themselves or others with a court order. House Bill 12 clarifies that law enforcement officers can directly initiate a court petition to get a court order to seize guns from those who pose a serious risk to themselves or others instead of having to wait for someone else to contact them. On February 25, the New Mexico House of Representative voted 41-27 to approve House Bill 12 and it now goes to the Senate for further committee hearing and a final vote.
- House Bill 86, which would remove the statute of limitations for prosecuting a human trafficking offense.
COMMENTARY AND ANALYSIS
The passage of the six-bill package embodied in House Bill 8 is only the first step to enactment of meaningful public safety legislation. Passage of House Bill 134 making changes to the juvenile justice system is just as important and will result in meaningful long term results in reducing crime.
This year, Democrats have a commanding 43-26 majority in the House and a 26-16 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.
Links to quoted or relied upon news sources are here:
https://www.kob.com/news/top-news/state-senate-approves-public-safety-bills/
https://sourcenm.com/2025/02/12/crime-package-headed-to-new-mexico-house/
The link to a related Dinelli article is here: