HB 153 New Mexico House · 2025 Regular Session

PROTECT REPORTERS FROM EXPLOITATIVE SPYING

HB 153, the "Protect Reporters from Exploitative State Spying Act," prevents New Mexico state entities from forcing journalists or their service providers to disclose protected information without court approval. It specifically bars compelled disclosure of sources, notes, or communications related to journalism unless a court finds, by preponderance of evidence, that disclosure is necessary to prevent terrorism or imminent violence threatening serious harm. The law requires courts to notify journalists before granting disclosure orders (with limited 45-day delays for urgent investigations) and mandates that any compelled information be narrowly tailored and relevant. It directly affects journalists, their personal devices/accounts, and service providers like telecom companies, while explicitly allowing investigations into journalists suspected of crimes unrelated to their work.
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
Maddy AI version diff · 1 comparison

What changed between versions

introduced version JC substitute · 5 edits
MODERATE
This bill was revised to strengthen protections for journalists by expanding the definition of state entities that can issue subpoenas, clarifying the definition of journalism to include reporting, and adding stricter requirements for compelling testimony from service providers. The changes aim to provide clearer legal standards for when journalists' information can be disclosed and to ensure service providers are notified before their data is accessed.
Scope change
The bill's scope was expanded to include the legislative branch in the definition of state entities, and the definition of journalism was broadened to explicitly include 'reporting'.
DEFINITION

The definition of 'state entity' was changed to include the legislative branch alongside the executive branch and administrative agencies.

The definition of 'journalism' was updated to include 'reporting' in the list of activities.

REQUIREMENT

New requirements were added for courts to determine there is a reasonable threat of imminent violence before compelling testimony from covered service providers.

New provisions require covered journalists to receive notice of subpoenas directed at their service providers, with limited exceptions for imminent threats.

ENFORCEMENT

The bill now explicitly prohibits compelling service providers to disclose information about personal accounts or devices of covered journalists unless specific imminent threat conditions are met.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
4
Key actions
2
Committee
2
Feb 25, 2025
Lower · Passed
DO NOT PASS, replaced with committee substitute
lower
Feb 12, 2025
Lower · Passed
DO PASS, as amended, committee report adopted
lower
Jan 28, 2025
Introduced
Sent to House Consumer & Public Affairs Committee & House Judiciary Committee
lower
4 primary · 0 co-sponsors

Sponsors