Bill increasing penalty for violent crimes against law enforcement clears first legislative hurdle 

SANTA FE — Backers of a proposal to increase the penalty for certain violent crimes against law enforcement officers in New Mexico are hoping the fourth time is a charm at the Roundhouse. 

The bill, House Bill 61, passed its first assigned House committee via a unanimous vote on Tuesday, but still faces several hurdles before reaching Gov. Michelle Lujan Grisham's desk.

Several law enforcement officials testified in support of the bill, including Sgt. Rachel Discenza-Smith of the Farmington Police Department who was injured in a 2023 mass shooting. 

While the 18-year old shooter in that case was shot and killed by police, law enforcement officers said approval of the legislation would send a message the state values their work and sacrifice.

"Nobody calls the police because they are having a good day," said Detective Lisa McGaha of the Farmington Police Department.

"We are battered, we are spit on, we are called every name in the book, and we are expected to tolerate this and continue doing our jobs," added McGaha, who said many officers deal with emotional trauma from their experiences on duty.

Specifically, the bill would increase the penalty for serious aggravated battery against a peace officer from a third-degree felony to a second-degree felony. That would mean the criminal sentence for individuals convicted of such a crime would jump from three years in prison to nine.

Currently, aggravated battery is one of the only criminal charges that carries the same penalty regardless of whether the victim is a civilian or a law enforcement officer. Other crimes like assault carry more serious penalties when officers are involved.

This year's bill marks the fourth consecutive year in which Rep. Andrea Reeb, R-Clovis, has pushed for such legislation. In previous years, some of the bills have stalled in a Senate committee after winning approval in the House.

Reeb, a former prosecutor, told members of the House Consumer and Public Affairs Committee she has met with Sen. Joseph Cervantes, D-Las Cruces, the chairman of the Senate Judiciary Committee, to discuss the proposal.

She and other supporters also said the stories of law enforcement officers could be key to winning legislative approval.

Rep. William Hall, R-Aztec, said enactment of the proposed change could bolster efforts to improve law enforcement officer retention in New Mexico.

"It is imperative for police officers to know they're backed when this happens," said Hall, who is a retired FBI agent. "I want people who enter this career to stay in this career." 

However, while law enforcement officers and state Department of Public Safety Secretary Jason Bowie spoke in support of the legislation, there was also testimony in opposition.

Representatives of the state Law Offices of the Public Defender and the American Civil Liberties Union of New Mexico both urged lawmakers to oppose the bill, with Denali Wilson of the ACLU pointing out existing state law already contains stiff penalties for the offense.

A legislative analysis of the bill said 99 cases were filed statewide during the 2024 budget year with aggravated battery against a peace officer as the primary charge. Of those cases, only 11 resulted in convictions.

In addition, New Mexico State Police Maj. Randy Larcher said Tuesday at least six law enforcement officers around the state were injured in the line of duty last year.

The bill ultimately passed the House Consumer and Public Affairs Committee on a 6-0 vote. It now advances to the House Judiciary Committee, its last stop before potentially reaching the House floor. 

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com.