NM attorney general says he'll push to make school shooting threats a felony offense

RIO RANCHO — Amid a surge in school shooting threats, New Mexico Attorney General Raúl Torrez said Tuesday he’ll push for legislation increasing the criminal penalty for those convicted of issuing such warnings.

However, the proposal could face tough odds during the upcoming 60-day legislative session, as similar bills have stalled in each of the last three sessions.

Torrez, a first-term Democrat, said mass shooting threats are having a “traumatic impact” on students and teachers around the state, while also placing a strain on law enforcement agencies.

“These threats create fear, drain essential resources and place an enormous burden on students, educators and families,” Torrez said during a Tuesday news conference at V. Sue Cleveland High School in Rio Rancho.

Law enforcement officials and school administrators also spoke in support of the proposal, with some saying the current misdemeanor penalty is not deterring those making threats on social media or by telephone.

“Quite frankly, right now I feel like it’s almost catch and release,” said Rio Rancho Police Chief Stewart Steele.

Torrez said he did not know the exact number of school shooting threats statewide so far this year, but his office said schools in Albuquerque, Cimarron, Clovis, Las Cruces, Raton, Rio Rancho, Santa Fe and Taos had all received such threats in the last month alone.

Albuquerque Police Chief Harold Medina said 28 such threats have been reported in the state’s most populous city since September.

Under New Mexico’s current law, the offense of making a shooting threat is subject to misdemeanor charges. In contrast, those charged with a bomb threat can be convicted of a fourth-degree felony.

The punishment for making a school threat would be elevated to a fourth-degree felony under the attorney general’s proposal, meaning those convicted of the offense could face up to 18 months in prison and fines of up to $5,000.

Rep. Joy Garratt, D-Albuquerque, said she plans to sponsor the bill during the upcoming 60-day legislative session, along with Republican Rep. Brian Baca of Los Lunas, who works as a deputy school superintendent.

“No child should fear going to school because they might get shot,” Garratt said during Tuesday’s news conference.

The previous bills seeking to increase the penalty for making shooting threats have been sponsored by Senate Minority Whip Craig Brandt, R-Rio Rancho.

His 2023 proposal passed the Senate on a 39-1 vote but ultimately stalled in a House committee.

Torrez, who has also pushed for tougher penalties for other crimes, said Tuesday he believes New Mexicans have “grown tired by the lack of action” by legislators on crime-related issues.

But he also acknowledged concern about capacity issues when it comes to the state’s juvenile detention facilities.

The proposal to increase the penalty for making a school threat to a fourth-degree felony would cost the state an estimated $263,000 per year due to more people being incarcerated, according to a 2023 analysis of that year’s bill.