SB 40, the "Driver Privacy and Safety Act," limits how law enforcement and private entities can share automated license plate reader (ALPR) data. It prohibits sharing ALPR information for immigration enforcement, investigating protected health care activities (like reproductive or gender-affirming care), or targeting constitutionally protected speech. The law makes ALPR data confidential (not public record), requires court orders for private data sales, and mandates quarterly reports to the attorney general on out-of-state data requests. Violations can result in $10,000 fines per incident.
SB 165 amends New Mexico's Delinquency Act to redefine key terms like "serious youthful offender" (now limited to 15-18-year-olds charged with first-degree murder or specific violent offenses) and "youthful offender." It requires courts to validate detention risk assessments before holding youth, extends standard commitment terms for delinquent offenders, and mandates that community service providers prioritize youth adjudicated under the Delinquency Act using research-based programs. The bill also allows children's court attorneys to refer youth back to juvenile probation if no formal petition is filed and clarifies detention rules for children before court hearings. These changes directly affect youth in New Mexico's juvenile justice system, probation services, and community providers offering rehabilitation programs.
SB 90 defines "credible threat" in New Mexico's domestic violence law as any situation causing reasonable fear for physical safety based on statements, acts, or conduct - not requiring actual firearm use. If a court determines a credible threat exists during a domestic violence protection order hearing, it must order the abuser to surrender all firearms and refrain from possessing firearms while the order is active. This directly affects victims of domestic violence and abusers in cases where courts issue protection orders. The bill expands firearm restrictions beyond scenarios involving direct firearm threats, ensuring courts can mandate firearm removal when safety concerns arise.
HB 266 increases penalties for sexual exploitation of children in New Mexico by elevating certain offenses to higher felony levels (e.g., changing some fourth-degree felonies to third-degree) and adding mandatory minimum sentences when children under 13 are involved. It also clarifies that consent from children aged 14-18 does not exempt possession of depictions if the child voluntarily created or produced them, but does not cover coerced content. Separately, the bill raises the interest rate on delinquent child support from 4% to 6.5% annually. These changes directly affect individuals who possess, distribute, or create child exploitation materials, and those who fail to pay court-ordered child support. The bill aims to strengthen legal consequences for these offenses without altering existing protections for victims.
HB 67 requires courts issuing domestic violence protection orders to mandate that restrained parties immediately surrender all firearms in their possession or control to law enforcement or a federal firearms licensee. This applies to all protection orders, with courts permitted to allow alternative surrender methods or timing if needed. The bill also mandates law enforcement to provide written receipts to both the restrained party and the petitioning party within 72 hours, detailing surrendered firearms and filing copies with the court. It directly affects individuals subject to domestic violence protection orders and law enforcement agencies handling firearm surrenders.
HB 25 prohibits adults who received a juvenile disposition for a firearm-related offense (that would be a felony if committed by an adult) from possessing firearms or destructive devices. It treats such juvenile dispositions as criminal convictions for the purpose of firearm background checks, requiring law enforcement to access these juvenile records during background screenings. The bill directly affects adults with these specific juvenile court records, preventing them from legally obtaining or possessing firearms. Key mechanisms include amending firearm possession laws to include this category of individuals and mandating access to juvenile delinquency records during background checks. The law does not change juvenile sentencing but alters how past firearm-related juvenile cases impact adult firearm rights.
HB 179 allows legal parties (like prosecutors or defense attorneys) to reference sealed juvenile records in specific court proceedings, including pretrial detention hearings, conditions of release, and sentencing. This change applies to individuals whose juvenile records were legally sealed under New Mexico law, meaning their sealed records can now be considered in these limited contexts. The bill amends existing sealing rules to permit the use of a sealed juvenile record's existence and contents in written pleadings for these proceedings, while maintaining confidentiality for all other purposes. It does not alter the criteria for sealing juvenile records or the general confidentiality protections for sealed files.
SB 160 would increase prison sentences for certain firearm-related crimes in New Mexico. If a court finds a firearm was used, brandished, or discharged during a noncapital felony (like drug trafficking or aggravated burglary), it would add 2 to 10 years to the base sentence - doubling prior penalties. This applies to people convicted of offenses involving firearms, requiring separate court findings about the firearm's role. The bill mandates jury consideration for these findings in certain cases and includes provisions for firearm forfeiture. The bill is currently under review by Senate committees.
SB 35 creates an additional judgeship in New Mexico's First Judicial District, increasing the number of district judges from ten to eleven. The bill appropriates $451,400 from the state general fund for fiscal year 2027 to cover the new position's costs, including the judge's salary, benefits, and office equipment. Unspent funds at year-end will revert to the general fund. This change directly affects the First Judicial District court system by expanding its judicial capacity to handle caseloads.
