HOUSE DEMS NEWS RELEASE

Today, the House of Representatives passed two important public safety bills with strong bipartisan support.HOUSE

Senate Bill 3 makes it easier to proactively intervene and direct someone into treatment if they are suffering from severe mental illness and pose a high risk of harming themselves or others. The bill passed by a vote of 58-10.

Under current statute, it can be difficult to direct individuals who may be a danger to themselves or others into treatment, unless they have already caused serious bodily injury to themselves or others, or have experienced repeated hospitalizations or incarceration. SB 3 provides clear and expanded criteria for what constitutes a risk of “harm to self” and “harm to others,” so judges can make informed decisions based on a person’s recent conduct, rather than having to speculate about their future actions.

“Instead of waiting for a concern to turn into a crisis, Senate Bill 3 allows courts to consider a fuller picture so they can better determine whether a person needs to be directed into mental health treatment,” said House sponsor Rep. Pamelya Herndon (D-Albuquerque). “By creating more paths to treatment, we can help those who are struggling get the support they need, while also preventing avoidable harm in our communities.” 

SB 3 allows doctors, close family members, law enforcement, or the courts to petition for an individual to receive supervised, outpatient mental health treatment through the state’s community-based Assisted Outpatient Treatment (AOT) program. SB 3 also resolves constitutionality concerns raised by legislators in prior versions of similar legislation.

The bill has more than a dozen bipartisan sponsors, including Rep. Herndon and Senators Antonio Maestas (D-Albuquerque), Crystal Brantley (R-Elephant Butte), and Pete Campos (D-Las Vegas). It now heads back to the Senate for concurrence with amendments made in the House. 

The House also passed legislation today to increase the penalty for aggravated battery on a peace officer to a second-degree felony. House Bill 61 passed by a vote of 55-11. 

House Democrats introduced a broad package of legislation and investments this session to ensure all New Mexicans feel safe in their communities. A non-comprehensive list of these legislative priorities is below. 

The Roundhouse will be open to the public for the entirety of this year’s 30-day session. Members of the public can also view floor sessions and committee meetings on the New Mexico Legislature’s Webcasts tab, and provide comment via phone or Zoom as directed on the daily schedule.   

Select Community Safety Priorities 

A non-comprehensive list of community safety investments and legislation introduced by House Democrats this session includes: 

• Continuing investments in law enforcement and our communities to address root causes of crime (HB 2)*
• Investing in evidence-based diversion programs at CYFD, to help prevent at-risk youth from becoming involved in crime and lead those with minor offenses down a better path (HB 2)*
• Allocating $2 million for crime-reduction grants through the New Mexico Sentencing Commission (HB 2)*
• Appropriating $2 million for intelligence-led policing (HB 2)*
• Directing $1.25 million to the Organized Crime Commission (HB 2)*
• Making dedicated investments in our justice system, including providing additional funding to support District Attorneys statewide, expanding Juvenile and Teen Drug Court, and adding a family court judge in New Mexico’s Second Judicial District (HB 2)*
• Preventing the state from contracting with private ICE detention facilities to detain innocent immigrants, through the Immigrant Safety Act (HB 9)* 
• Ensuring routine state surveillance data cannot be misused by ICE (SB 40, SB 53)
• Addressing juvenile justice proactively, with age-appropriate accountability measures and improved services for at-risk youth (HB 5)
• Implementing commonsense gun safety solutions, like closing loopholes that allow dangerous individuals to have access to firearms (HB 25, HB 49)
• Improving the courts’ ability to proactively intervene if a person suffering from serious mental health issues poses a threat of harm to themself or others (SB 3)*

*Indicates legislation has passed House