HB 234 defines "fentanyl" to include specific analogs like para-bromofentanyl and para-fluoroacetyl fentanyl, expanding the scope of substances covered under trafficking laws. This directly affects individuals charged with fentanyl trafficking by clarifying which substances trigger enhanced sentencing penalties. The bill amends sentencing provisions to apply stricter prison terms (3-5 years) based on the quantity of fentanyl or its analogs possessed, or if the defendant recruited others to traffic. The definition change ensures these specific synthetic opioids are treated as fentanyl under existing criminal sentencing statutes.
HB 49 increases penalties for felons who receive, transport, or possess firearms or destructive devices in New Mexico. It specifically raises the penalty for first-time felon firearm possession from a third-degree felony to a second-degree felony, and to a first-degree felony for repeat offenses. The bill applies directly to individuals convicted of felonies who have not completed their sentence, probation, or received a pardon within the past ten years. Key provisions clarify definitions of "serious violent felon" and "destructive device" while raising criminal charges for violations. This policy change aims to strengthen restrictions on firearm access for certain convicted individuals.
SB 3 clarifies key definitions in New Mexico's mental health laws, specifically adding precise criteria for "harm to self" and "harm to others" within the Mental Health and Developmental Disabilities Code. It defines "harm to self" to include both imminent suicide risk and an inability to meet basic needs (like food or safety) that would cause serious harm without treatment. Similarly, it defines "harm to others" as past violent behavior likely to recur, based on observable actions causing reasonable fear. These definitions directly affect courts, healthcare providers, and legal decisions regarding involuntary treatment commitments under the law.
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.
HB 61 increases penalties for assaulting police officers in New Mexico. It directly affects individuals who commit battery against officers while they are lawfully performing duties. The bill reclassifies two types of offenses: causing temporary disfigurement or loss of body function becomes a fourth-degree felony, while inflicting great bodily harm or using deadly weapons raises the charge to a second-degree felony. These changes modify existing criminal penalties under Section 30-22-25 of New Mexico law, making the most severe assaults carry significantly higher penalties.
HB 9, the Immigrant Safety Act, prohibits New Mexico state and local government entities - including sheriffs' departments, schools, and public agencies - from entering into agreements or using public property to detain individuals for federal immigration enforcement. It requires existing agreements facilitating such detentions to be terminated upon the law's effective date. The bill specifically bans public bodies from collaborating with federal immigration authorities on detention and ensures local policies align with these restrictions. Currently passed by both legislative chambers, it awaits the governor's signature to become law.