HB 61 New Mexico House · 2026 Regular Session

AGGRAVATED BATTERY ON POLICE OFFICER

HB 61 increases penalties for assaulting police officers in New Mexico. It directly affects individuals who commit battery against officers while they are lawfully performing duties. The bill reclassifies two types of offenses: causing temporary disfigurement or loss of body function becomes a fourth-degree felony, while inflicting great bodily harm or using deadly weapons raises the charge to a second-degree felony. These changes modify existing criminal penalties under Section 30-22-25 of New Mexico law, making the most severe assaults carry significantly higher penalties.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Passage
Feb 2026
Senate Passage
Feb 2026
Signed into Law
Mar 2026
Introduced Jan 9, 2026 Signed Mar 4, 2026
Maddy AI version diff · 1 comparison

What changed between versions

introduced version Final Version · 4 edits
MODERATE
This bill amends New Mexico's aggravated battery statute to increase penalties for assaulting peace officers. The main substantive change is raising the maximum penalty from a third-degree felony to a second-degree felony when great bodily harm is inflicted or a deadly weapon is used. The bill also clarifies the definition of injury by specifying that painful temporary disfigurement or temporary loss of bodily function constitutes a fourth-degree felony.
Scope change
The bill applies to all peace officers in New Mexico when they are lawfully discharging their duties.
REQUIREMENT

Increased the maximum penalty for aggravated battery upon a peace officer from a third-degree felony to a second-degree felony when great bodily harm is inflicted or a deadly weapon is used.

DEFINITION

Clarified that inflicting painful temporary disfigurement or temporary loss or impairment of bodily functions constitutes a fourth-degree felony.

TECHNICAL

Removed gender-specific language (he/his) from the statute to use gender-neutral language (the officer/the officer's).

TIMELINE

Established July 1, 2026 as the effective date for the amended provisions.

Floor votes · Senate Feb 18, 2026 · House Feb 9, 2026

How they voted

330
Passed · 5 other
Total votes 38
Feb 18, 2026
D Democratic22
19 Yea 3
86% Yea
R Republican16
14 Yea 2
87% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
6
Committee
3
Mar 4, 2026
Signed into law
Signed
executive
Feb 18, 2026
Upper · Passed
passed Senate
upper
Feb 17, 2026
Upper · Passed
DO PASS committee report adopted
upper
Feb 10, 2026
Introduced
Sent to Senate Judiciary Committee
upper
Feb 9, 2026
Lower · Passed
passed House
lower
Feb 3, 2026
Lower · Passed
DO PASS committee report adopted
lower
Jan 28, 2026
Lower · Passed
DO PASS committee report adopted
lower
Jan 22, 2026
Introduced
Sent to House Consumer & Public Affairs Committee & House Judiciary Committee
lower
Jan 9, 2026
Introduced
Sent to House Pre-file
lower
4 primary · 0 co-sponsors

Sponsors