HB 165 New Mexico House · 2025 Regular Session

DENIAL OF BAIL HEARINGS & PRESUMPTIONS

HB 165 requires courts to make a probable cause determination before denying bail for defendants charged with specific "dangerous felony offenses," such as murder, sexual assault, firearm-related crimes, or certain violent offenses against household members or police. It creates a legal presumption that such defendants pose a danger to the community and that no release conditions could protect others, shifting the burden to the defendant to prove otherwise. The bill directly affects individuals facing charges listed in the law, including first-degree murder, sexual penetration, robbery, or aggravated battery. If the presumption isn’t overcome, courts must deny bail without requiring additional evidence to justify detention.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 28, 2025 Last action Jun 3, 2025
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Jan 28, 2025
Introduced
Sent to House Consumer & Public Affairs Committee & House Judiciary Committee
lower
3 primary · 0 co-sponsors

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