Criminal Justice

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.

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 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.