Here are some of the pre-filed bills geared toward public safety

Making those accused of a violent crime prove why they should stay out of jail until trial. Keeping guns away from polling places. Barring state funding from facilities and programs that don’t use approved medications to help treat substance abuse.

In what has become a common theme in recent years, the current New Mexico legislative session is chock-full of bills geared toward public safety — with both sides of the aisle looking to shape the issue.

Of the more than 300 bills prefiled so far, dozens revolve around creating new criminal offenses, beefing up penalties and preventing violence through early intervention.

Among them are familiar proposals resurrected from previous sessions, including a push to change pretrial detention, to reinstate the death penalty and to create “baby boxes” for the safe dropping-off of unwanted children.

And, as usual, some outliers have also been thrown in the mix: like making necrophilia a crime and chemically castrating sex offenders.

There are at least 10 gun-related bills prefiled on the docket — an issue that heated up last year after Gov. Michelle Lujan Grisham attempted to ban publicly carrying guns in Bernalillo County under a public health order focusing on gun violence.

This session, Democratic lawmakers want to ban assault weapons, extend the waiting period to buy a gun and raise the minimum age to buy and possess one. Republicans, meanwhile, have filed bills to buy guns without a background check and carry them without a permit.

Local advocates, such as the American Civil Liberties Union and Healthcare for the Homeless, are asking for more investments in substance abuse treatment and diversion from jail cells.

Here’s a look at some of the prefiled bills geared toward public safety.

Senate Bill 5:

• Banning firearms near polling locations and associated activities

This bill, a form of which died in the 2023 session, adds to the previous iteration by banning firearms not only within 100 feet of voting sites but also within 50 feet of a postal collection box, or “a monitored secured container.” The bill would have the offense of unlawful possession of a firearm at a polling place set as a petty misdemeanor.

Democratic Sen. Peter Wirth of Santa Fe, the bill’s sponsor and House majority leader, said, “Guns and voting are a toxic combination.”

“Poll workers and voters across the state are afraid and came to us asking for a bill. Currently, guns are banned at polling places in schools but not in other polling locations,” he said in a statement. “This bill levels the playing field and ensures that voters and our valued poll workers can feel safe and free from the threat of gun violence or intimidation wherever voting is occurring.”

Senate Bill 39:

• Limiting incarceration for technical violations of probation and parole

The bill, vetoed by the governor after last year’s session, would impose community service, a restrictive curfew, treatment or “other non-detention sanctions” for a technical parole or probation violation, such as a failed drug test or missed appointment. After more than two technical violations, according to the bill, imprisonment between seven and 30 days may be imposed.

Democratic Sen. Bill O’Neill of Albuquerque, one of the bill’s sponsors, said 17% of prison bookings are for technical parole violations as opposed to new crimes.

“At the cost of 20 million dollars to the NM taxpayer,” O’Neill said in a statement, “this bill offers ‘graduated sanctions’ for a male or female struggling with addiction – community service, a stint in county jail, etc. – so they are not necessarily sent back to state prison to serve out the rest of their sentence.”

House Bill 81:

• Creating the gun storage income tax credit

The bill allows those who buy a gun safe or storage device to apply for a one-time credit in the amount of the purchase, not to exceed $750. The bill would set aside $500,000 for the tax credits every year.

Republican Rep. Andrea Reeb of Clovis, one of the bill’s sponsors, said it gives gun owners in New Mexico the opportunity to buy a gun safe from a local business and comply with the safe storage law signed by the governor last session.

Senate Bill 35:

• Preventing the restriction of medication-assisted treatment for minors in state-funded inpatient and outpatient substance abuse treatment programs

The bill would not allow state funding or Medicaid reimbursement to go toward any treatment facility or program that restricts the use of medication-assisted treatment, or MAT, for juveniles in their care. Additionally, according to the bill, the state would set rules for the operation of MAT within facilities and programs.

Democratic Sen. Gerald Ortiz y Pino of Albuquerque, one of the bill’s sponsors, said holding juveniles in facilities without [this has been corrected] MAT “is a clear violation of the Americans With Disabilities Act.”

“Only the Bernalillo County detention facility among the four in the state now permits suboxone treatment for addicted youth. And only Serenity Mesa of the private treatment facilities permits it,” Pino said in a statement. “(University of New Mexico) experts on this topic brought this bill to me. We are hoping the governor will give us a message.”

Senate Bill 96:

• Increasing the penalty for attempted murder and second-degree murder

The bill would make attempted murder a second-degree felony and increase the penalty for second-degree murder to 18 years in prison. Currently, the penalty is 15 years.

Democratic Sen. Antonio Maestas of Albuquerque, the bill’s sponsor, said 15 years for second-degree murder “doesn’t jibe” with the rest of the criminal code” when there’s an 18-year sentence for drug trafficking.

“It sends a message to New Mexicans as to what matters and what matters most,” he said. “The loss of life affects families for generations.”

Maestas said the same issue applied to attempted murder, which is hard to prove and holds a lighter penalty — three years — than aggravated battery with a deadly weapon. He said the bill would make it nine years in prison.

House Bill 87:

• Creating the crime of unlawful carrying of a firearm while trafficking a controlled substance

The bill would require those caught with a gun while selling drugs be charged with a third-degree felony.

Republican Rep. Bill Rehm of Albuquerque, one of the bill’s sponsors, said “drug deals gone bad” are one of the main drivers of homicides in Bernalillo County.

“Law-abiding citizens are not committing violent crime or committing theft,” he said. “It is finally time for the Legislature to get tough on crime and lock up criminals. Period! Citizens are demanding to make our city safe again and keep criminals off our streets.”

Senate Bill 122: Establishing when a rebuttable presumption arises that a defendant is likely to pose a threat to the safety of others if released pending trial

This bill would put the onus on the defense to prove a person accused, or previously convicted, of a violent crime isn’t a danger to the community and can be released before trial. It would automatically affirm the prosecution’s burden of proof in a pretrial detention motion and leave it up to the defense to prove otherwise through rebuttal.

Republican Sen. Craig Brandt of Rio Rancho, the minority whip and one of the bill’s sponsors, said it will help keep “dangerous criminals” behind bars until trial.

“This will shift the burden a little bit more to the defense to show that you’re not a threat if you’re accused of a violent crime, especially if you’ve committed one before,” he said.

CORRECTION

This story has been corrected to show that holding juveniles in facilities without medication-assisted treatment (MAT) “is a clear violation of the Americans With Disabilities Act.”