SB 100 New Mexico Senate · 2026 Regular Session

BURGLARY DEFINITION OF DWELLING

SB 100 defines "dwelling" in New Mexico's burglary and aggravated burglary laws as a personal space with an enclosure that creates a reasonable expectation of privacy. This definition will determine when a structure qualifies as a "dwelling" for burglary charges, clarifying legal standards for law enforcement and courts. The bill does not change penalties for burglary but ensures consistent application of the law in cases involving residential spaces. It directly affects all burglary prosecutions in New Mexico where a dwelling is alleged to have been entered.

Bill status failed 4 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House Passage

Feb 2026

Governor

Introduced Jan 22, 2026 Last action Mar 24, 2026

Maddy AI version diff · 1 comparison

What changed between versions

introduced version → JU substitute · 4 edits

MODERATE

The Judiciary Committee substitute changed the bill's focus from defining 'dwelling' to defining 'structure' for burglary and aggravated burglary charges. This expands the legal definition beyond just homes to include other enclosed spaces that provide privacy, such as temporary structures or extensions of dwellings.

Scope change

The bill now applies to a broader range of locations beyond traditional dwellings, covering any protected space that can confine people or property and creates an expectation of privacy.

DEFINITION

Changed the primary focus from defining 'dwelling' to defining 'structure' in both burglary and aggravated burglary sections.

Added language allowing structure boundaries to extend to partially enclosed constructions attached to dwellings that create privacy expectations.

Replaced 'house' with 'dwelling' in the third-degree felony subsection for consistency with the new structure definition.

Changed the title of the act from defining 'dwelling' to defining 'structure' to reflect the substantive change in scope.

Floor votes · Senate Feb 4, 2026 · House Feb 19, 2026

How they voted

29–4

Passed · 5 other

Total votes 38

Feb 4, 2026

D Democratic22

17 Yea 3 Nay 2

77% Yea

R Republican16

12 Yea 1 Nay 3

75% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 19, 2026

Lower · Passed

passed House

lower

Feb 17, 2026

Lower · Passed

DO PASS, as amended, committee report adopted

lower

Feb 9, 2026

Lower · Passed

DO PASS committee report adopted

lower

Feb 5, 2026

Introduced

Sent to House Consumer & Public Affairs Committee & House Judiciary Committee

lower

Feb 4, 2026

Upper · Passed

passed Senate

upper

Feb 4, 2026

Upper · Passed

floor substitute adopted (1 amendment)

upper

Feb 2, 2026

Upper · Passed

DO PASS committee report adopted

upper

Jan 29, 2026

Upper · Passed

DO NOT PASS, replaced with committee substitute

upper

Jan 22, 2026

Introduced

Sent to Senate Committees' Committee & Senate Judiciary Committee & Senate Finance Committee

upper

3 primary · 0 co-sponsors