SB 41 New Mexico Senate · 2026 Regular Session

STATUTE OF LIMITATIONS FOR CERTAIN SEX CRIMES

SB 41 eliminates the statute of limitations for specific sex crimes in New Mexico, including second, third, and fourth degree criminal sexual penetration and contact with minors, as well as related attempts, conspiracies, and solicitations. Prosecutors can now file charges for these crimes at any time, regardless of when they occurred. The bill also tolls the statute of limitations for child abandonment or abuse cases until the victim turns 18 or reports the abuse to law enforcement, whichever happens first. This change directly affects victims of these crimes and allows for prosecution without time constraints.

Issues: ✓ Criminal Justice

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House Passage

Feb 2026

Signed into Law

Mar 2026

Introduced Jan 21, 2026 Signed Mar 5, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

JU substitute → Final Version · 5 edits

MODERATE

This bill eliminates the statute of limitations for certain sexual crimes in New Mexico, allowing prosecutors to pursue cases regardless of how much time has passed since the offense occurred. It also expands tolling provisions for child abuse cases to include additional felony types and clarifies when the clock starts for various crimes.

Scope change

The bill significantly expands the scope by removing time limits for prosecution of specific sexual offenses and adding new categories of crimes that are exempt from standard limitation periods.

TIMELINE

Removed the statute of limitations for certain sexual crimes, allowing prosecution at any time after the offense occurs.

Reorganized the statute of limitations structure for general crimes, changing letter designations and clarifying timeframes for different offense levels.

ELIGIBILITY

Added second degree criminal sexual penetration to the list of crimes with no statute of limitations.

Expanded child abuse tolling provisions to include third or fourth degree felonies under Section 30-9-13.

DEFINITION

Clarified when the statute of limitations begins to run for crimes involving multiple filing periods within one calendar year.

Floor votes · Senate Feb 13, 2026 · House Feb 19, 2026

How they voted

36–1

Passed · 1 other

Total votes 38

Feb 13, 2026

D Democratic22

20 Yea 1 Nay 1

90% Yea

R Republican16

16 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 5, 2026

Signed into law

Signed

executive

Feb 19, 2026

Executive · Passed

Senate concurred in House amendments

executive

Feb 19, 2026

Lower · Passed

passed House

lower

Feb 17, 2026

Lower · Passed

DO PASS, as amended, committee report adopted

lower

Feb 14, 2026

Introduced

Sent to House Judiciary Committee

lower

Feb 13, 2026

Upper · Passed

passed Senate

upper

Feb 13, 2026

Upper · Passed

floor substitute adopted (1 amendment)

upper

Feb 12, 2026

Upper · Passed

DO NOT PASS, replaced with committee substitute

upper

Feb 2, 2026

Upper · Passed

DO PASS committee report adopted

upper

Jan 21, 2026

Introduced

Sent to Senate Committees' Committee & Senate Health and Public Affairs Committee & Senate Judiciary Committee

upper

4 primary · 0 co-sponsors