Bill expanding law for NM violent youthful offenders on the ropes at Roundhouse

SANTA FE — A push to expand New Mexico’s criminal code for violent juvenile offenders appears to be shipwrecked at the Roundhouse with just over two weeks remaining in this year’s 60-day session.

A House committee this week tabled a bill backed by prosecutors and Gov. Michelle Lujan Grisham amid concerns about the rehabilitation of youthful defendants.

The 4-2 party-line vote, with Democrats voting in favor of halting the legislation from advancing, means it’s unlikely the bill will be revived before the session ends March 22.

It also left backers fuming, including Bernalillo County District Attorney Sam Bregman, who has advocated for an overhaul of New Mexico’s juvenile criminal code for months.

“I’m disappointed and frustrated the Legislature is unwilling to update the children’s code to reflect what’s happening on the streets of Albuquerque and New Mexico,” Bregman said in a Friday interview.

“Apparently the Legislature is OK with the status quo,” he added. “I’m certainly not.”

The bill, House Bill 134, is one of several public safety measures that Lujan Grisham has urged lawmakers to pass during this year’s session.

The governor last month signed a crime package that included provisions dealing with school shooting threats, fentanyl trafficking and drugged driving, but the package did not include increased penalties for youthful offenders convicted of crimes like armed robbery and drive-by shootings.

Despite the backing of the governor and Albuquerque’s top prosecutor, such legislation has struggled to gain traction at the Roundhouse.

During the Thursday evening meeting of the House Consumer and Public Affairs Committee, several Democratic lawmakers expressed concern about extending criminal penalties for juvenile offenders into adulthood.

“We’re talking about detaining and committing children,” said Rep. Andrea Romero, D-Santa Fe, who cited improved rehabilitation rates for juvenile offenders compared to adults.

But backers of the legislation cited statistics showing juvenile crime rates have increased in recent years, even while FBI crime data shows a recent statewide decrease in overall violent and property crime in New Mexico.

Troy Gray, a deputy district attorney in charge of juvenile crime in the Bernalillo County District Attorney’s Office, told members of the committee there was a 57% increase in cases involving juvenile criminal defendants from 2022 to 2023.

“Everybody in this room knows what’s happening with juvenile crime,” said Rep. Andrea Reeb, R-Clovis, during Thursday’s hearing. “We have 13-year-olds committing murder.”

Reeb, a prosecutor herself, said in a follow-up interview Friday she had pared back the bill from its initial version in hopes of making it more palatable.

But she said the measure’s two Democratic co-sponsors — Reps. Art De La Cruz and Cynthia Borrego, both of Albuquerque — have backed away from the legislation during this year’s session. Neither of the two joined Reeb and Rep. Nicole Chavez, R-Albuquerque, in presenting the bill during Thursday’s hearing.

In light of the bill being tabled in committee, Reeb and Chavez acknowledged it’s unlikely to pass both legislative chambers before adjournment.

“It could very well be too late (for this session), but we’re not going to stop trying,” Reeb told the Journal.

Chavez, whose son was killed in a drive-by shooting in 2015, described the committee vote as a “kick to the stomach.”

Numerous crime-related bills have been assigned during this year’s session to the House Consumer and Public Affairs Committee. While some measures have passed, many others have stalled, and a total of 56 bills were pending in the committee as of Friday.

That’s prompted criticism from Republicans like Rep. John Block of Alamogordo, who accused majority Democrats of passing “weak sauce” crime legislation.

“It’s a shame because some people would rather just see the problem continue while other people want to actually solve it,” Block said.

As for the governor, Lujan Grisham said Friday she was disappointed the bill would not make it to her desk but indicated she remained hopeful lawmakers might address juvenile violence in other proposals.

“New Mexicans are demanding juvenile justice reform, and I urge lawmakers to answer their call,” Lujan Grisham said in a statement.