SB 312 New Mexico Senate · 2026 Regular Session

SAFETY HELMETS AS NEGLIGENCE

SB 312 eliminates a legal protection that previously prevented motorcycle riders (and passengers under 18) from being considered negligent for not wearing a helmet. The bill amends New Mexico law to remove the provision stating that "failure to wear a safety helmet shall not constitute contributory negligence," meaning riders who don't wear helmets could now be held partially responsible in accident lawsuits. It also repeals two existing sections (32A-24-5 and 66-3-1010.4) that contained similar protections. This change directly affects motorcycle operators and passengers under 18, who must still wear helmets under the law, but now face potential legal consequences for non-compliance.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 4, 2026 Last action Mar 24, 2026
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3
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Committee
0
Feb 4, 2026
Introduced
Sent to Senate Committees' Committee & Senate Tax, Business and Transportation Committee & Senate Judiciary Committee
upper
1 primary · 0 co-sponsors

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Role
Legislator
Party
State
District
P
Photo of Antoinette Sedillo Lopez
Antoinette Sedillo Lopez
DDemocratic
NM
16