HB 125

                                1  HOUSE BILL 125
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Andrea Reeb
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO DELINQUENCY; AMENDING THE DEFINITIONS OF "SERIOUS
                                12   YOUTHFUL OFFENDER" AND "YOUTHFUL OFFENDER" IN THE CRIMINAL
                                13   SENTENCING ACT; EXPANDING THE DEFINITIONS OF "DELINQUENT ACT",
                                14   "SERIOUS YOUTHFUL OFFENDER" AND "YOUTHFUL OFFENDER" IN THE
                                15   DELINQUENCY ACT; PROVIDING FOR THE DISPOSITION OF A SERIOUS
                                16   YOUTHFUL OFFENDER.
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                                18   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                19        SECTION 1.    Section 31-18-15.2 NMSA 1978 (being Laws 1993,
                                20   Chapter 77, Section 1, as amended) is amended to read:
                                21        "31-18-15.2.    DEFINITIONS.--As used in the Criminal
                                22   Sentencing Act:
                                23  A.   "serious youthful offender" means [an individual
                                24   fifteen to eighteen years of age who is charged with and
                                25   indicted or bound over for trial for first degree murder] a
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                                1    serious youthful offender as provided in Section 32A-2-3 NMSA
                                2    1978; and
                                3  B.   "youthful offender" means a [delinquent child
                                4    subject to adult or juvenile sanctions who is:
                                5  (1)   fourteen to eighteen years of age at the
                                6    time of the offense and who is adjudicated for at least one of
                                7    the following offenses:
                                8  (a)   second degree murder, as provided in
                                9    Section 30-2-1 NMSA 1978;
                                10  (b)   assault with intent to commit a
                                11   violent felony, as provided in Section 30-3-3 NMSA 1978;
                                12  (c)   kidnapping, as provided in Section
                                13   30-4-1 NMSA 1978;
                                14  (d)   aggravated battery, as provided in
                                15   Subsection C of Section 30-3-5 NMSA 1978;
                                16  (e)   aggravated battery upon a peace
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                                17   officer, as provided in Subsection C of Section 30-22-25 NMSA
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                                18   1978;
                                19  (f)   shooting at a dwelling or occupied
                                20   building or shooting at or from a motor vehicle, as provided in
                                21   Section 30-3-8 NMSA 1978;
                                22  (g)   dangerous use of explosives, as
                                23   provided in Section 30-7-5 NMSA 1978;
                                24  (h)   criminal sexual penetration, as
                                25   provided in Section 30-9-11 NMSA 1978;
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                                1  (i)   robbery, as provided in Section
                                2    30-16-2 NMSA 1978;
                                3  (j)   aggravated burglary, as provided in
                                4    Section 30-16-4 NMSA 1978;
                                5  (k)   aggravated arson, as provided in
                                6    Section 30-17-6 NMSA 1978; or
                                7  (l)   abuse of a child that results in
                                8    great bodily harm or death to the child, as provided in Section
                                9    30-6-1 NMSA 1978;
                                10  (2)   fourteen to eighteen years of age at the
                                11   time of the offense and adjudicated for any felony offense and
                                12   who has had three prior, separate felony adjudications within a
                                13   three-year time period immediately preceding the instant
                                14   offense.    The felony adjudications relied upon as prior
                                15   adjudications shall not have arisen out of the same transaction
                                16   or occurrence or series of events related in time and location.
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                                17   Successful completion of consent decrees is not considered a
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                                18   prior adjudication for the purposes of this paragraph; or
                                19  (3)   fourteen years of age and adjudicated for
                                20   first degree murder, as provided in Section 30-2-1 NMSA 1978]
                                21   youthful offender as provided in Section 32A-2-3 NMSA 1978."
                                22        SECTION 2.     Section 32A-2-3 NMSA 1978 (being Laws 1993,
                                23   Chapter 77, Section 32, as amended) is amended to read:
                                24        "32A-2-3.    DEFINITIONS.--As used in the Delinquency Act:
                                25  A.   "delinquent act" means an act committed by a
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                                1    child that is:
                                2  (1)    an offense that would be designated as a
                                3    crime under the law if committed by an adult, not including a
                                4    violation of Section 30-9-2 NMSA 1978, including:      [the
                                5    following offenses
                                6  (1)] (a)   any of the following offenses
                                7    pursuant to municipal traffic codes or the Motor Vehicle Code:
                                8    [(a)]   1) driving while under the influence of intoxicating
                                9    liquor or drugs; [(b)] 2) failure to stop in the event of an
                                10   accident causing [death] personal injury or damage to property;
                                11   [(c)] 3) unlawful taking of a vehicle or motor vehicle; [(d)]
                                12   4) receiving or transferring of a stolen vehicle or motor
                                13   vehicle; [(e)    homicide by vehicle; (f)] 5) injuring or
                                14   tampering with a vehicle; [(g)] 6) altering or changing of an
                                15   engine number or other vehicle identification numbers; [(h)] 7)
                                16   altering or forging of a driver's license or permit or any
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                                17   making of a fictitious license or permit; [(i)] 8) reckless
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                                18   driving; [(j)] 9) driving with a suspended or revoked license;
                                19   or [(k)] 10) an offense punishable as a felony;
                                20  [(2)   buying, attempting to buy, receiving,
                                21   possessing or being served any alcoholic liquor or being
                                22   present in a licensed liquor establishment, other than a
                                23   restaurant or a licensed retail liquor establishment, except in
                                24   the presence of the child's parent, guardian, custodian or
                                25   adult spouse.    As used in this paragraph, "restaurant" means an
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                                1    establishment where meals are prepared and served primarily for
                                2    on-premises consumption and that has a dining room, a kitchen
                                3    and the employees necessary for preparing, cooking and serving
                                4    meals.   "Restaurant" does not include an establishment, as
                                5    defined in regulations promulgated by the director of the
                                6    special investigations unit of the department of public safety,
                                7    that serves only hamburgers, sandwiches, salads and other fast
                                8    foods;
                                9  (3)] (b)    a violation of Section 30-29-2
                                10   NMSA 1978, regarding the illegal use of a glue, aerosol spray
                                11   product or other chemical substance;
                                12  [(4)] (c)    a violation of the Controlled
                                13   Substances Act;
                                14  [(5)   escape from the custody of a law
                                15   enforcement officer or a juvenile probation or parole officer
                                16   or from any placement made by the department by a child who has
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                                17   been adjudicated a delinquent child;
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                                18  (6)] (d)    a violation of Section
                                19   30-15-1.1 NMSA 1978 regarding unauthorized graffiti on personal
                                20   or real property; or
                                21  [(7)   a violation of an order of protection
                                22   issued pursuant to the provisions of the Family Violence
                                23   Protection Act; or
                                24  (8)] (e)    trafficking cannabis as
                                25   provided in Section 26-2C-28 NMSA 1978; or
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                                1  (2)   any of the following offenses:
                                2  (a)   buying, attempting to buy,
                                3    receiving, possessing or being served any alcoholic liquor or
                                4    being present in a licensed liquor establishment, other than a
                                5    restaurant or a licensed retail liquor establishment, except in
                                6    the presence of the child's parent, guardian, custodian or
                                7    adult spouse.    As used in this subparagraph, "restaurant" means
                                8    an establishment where meals are prepared and served primarily
                                9    for on-premises consumption and that has a dining room, a
                                10   kitchen and the employees necessary for preparing, cooking and
                                11   serving meals.    "Restaurant" does not include an establishment,
                                12   as defined in regulations promulgated by the director of the
                                13   special investigations unit of the New Mexico state police
                                14   division of the department of public safety, that serves only
                                15   hamburgers, sandwiches, salads and other fast foods;
                                16  (b)   buying, attempting to buy,
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                                17   receiving, possessing or being served cannabis or a cannabis
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                                18   product or being present in a cannabis establishment, except in
                                19   the presence of the child's parent, guardian, custodian or
                                20   adult spouse; provided that the provisions of this subparagraph
                                21   shall not apply to a child participating in the medical
                                22   cannabis program pursuant to the provisions of the Lynn and
                                23   Erin Compassionate Use Act.     As used in this subparagraph,
                                24   "cannabis", "cannabis product" and "cannabis establishment"
                                25   have the same definitions as in the Cannabis Regulation Act;
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                                1  (c)   escape from the custody of a law
                                2    enforcement officer or a juvenile probation or parole officer
                                3    or from any placement made by the department by a child who has
                                4    been adjudicated a delinquent child; and
                                5  (d)   a violation of an order of
                                6    protection issued pursuant to the provisions of the Family
                                7    Violence Protection Act;
                                8  B.   "delinquent child" means a child who has
                                9    committed a delinquent act;
                                10  C.   "delinquent offender" means a delinquent child
                                11   who is subject to juvenile sanctions only and who is not a
                                12   youthful offender or a serious youthful offender;
                                13  D.   "detention facility" means a place where a child
                                14   may be detained under the Children's Code pending a court
                                15   hearing and does not include a facility for the care and
                                16   rehabilitation of an adjudicated delinquent child;
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                                17  E.   "felony" means an act that would be a felony if
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                                18   committed by an adult;
                                19  F.   "firearm" means a weapon that will, is designed
                                20   to or may rapidly be converted to expel a projectile by the
                                21   action of an explosion or the frame or receiver of such weapon;
                                22  [F.] G.   "misdemeanor" means an act that would be a
                                23   misdemeanor or petty misdemeanor if committed by an adult;
                                24  [G.] H.   "restitution" means financial reimbursement
                                25   by the child to the victim or community service imposed by the
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                                1    court and is limited to easily ascertainable damages for injury
                                2    to or loss of property, actual expenses incurred for medical,
                                3    psychiatric and psychological treatment for injury to a person
                                4    and lost wages resulting from physical injury, which are a
                                5    direct and proximate result of a delinquent act.     "Restitution"
                                6    does not include reimbursement for damages for mental anguish,
                                7    pain and suffering or other intangible losses.     As used in this
                                8    subsection, "victim" means a person who is injured or suffers
                                9    damage of any kind by an act that is the subject of a complaint
                                10   or referral to law enforcement officers or juvenile probation
                                11   authorities.   Nothing contained in this definition limits or
                                12   replaces the provisions of Subsections A and B of Section
                                13   32A-2-27 NMSA 1978;
                                14  [H.] I.    "serious youthful offender" is not a
                                15   delinquent child and means [an individual fifteen] a child
                                16   fourteen to eighteen years of age who is charged with and
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                                17   indicted or bound over for trial for [first degree murder.       A
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                                18   "serious youthful offender" is not a delinquent child as
                                19   defined pursuant to the provisions of this section] at least
                                20   one of the following crimes:
                                21  (1)    murder in the first degree or murder in
                                22   the second degree, as provided in Section 30-2-1 NMSA 1978;
                                23  (2)    voluntary manslaughter, as provided in
                                24   Section 30-2-3 NMSA 1978;
                                25  (3)    criminal sexual penetration in the first,
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                                1    second, third or fourth degree or aggravated criminal sexual
                                2    penetration, as provided in Section 30-9-11 NMSA 1978;
                                3  (4)    robbery while armed with a deadly weapon,
                                4    as provided in Section 30-16-2 NMSA 1978; or
                                5  (5)    shooting at a dwelling or occupied
                                6    building that results in great bodily harm to another person or
                                7    shooting at or from a motor vehicle that results in great
                                8    bodily harm to another person, as provided in Section 30-3-8
                                9    NMSA 1978;
                                10  [I.] J.    "supervised release" means the release of a
                                11   juvenile, whose term of commitment has not expired, from a
                                12   facility for the care and rehabilitation of adjudicated
                                13   delinquent children, with specified conditions to protect
                                14   public safety and promote successful transition and
                                15   reintegration into the community.        A juvenile on supervised
                                16   release is subject to monitoring by the department until the
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                                17   term of commitment has expired and may be returned to custody
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                                18   for violating conditions of release; and
                                19  [J.] K.    "youthful offender" means a delinquent
                                20   child subject to adult or juvenile sanctions who is [(1)]
                                21   fourteen to eighteen years of age at the time of the offense
                                22   [and who is adjudicated for at least one of the following
                                23   offenses:
                                24  (a)   second degree murder, as provided in
                                25   Section 30-2-1 NMSA 1978] and is:
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                                1  (1)   charged with at least one of the following
                                2    offenses:
                                3  [(b)] (a)    assault with intent to commit
                                4    a violent felony, as provided in Section 30-3-3 NMSA 1978;
                                5  [(c)] (b)    kidnapping, as provided in
                                6    Section 30-4-1 NMSA 1978;
                                7  [(d)] (c)    aggravated battery, as
                                8    provided in Subsection C of Section 30-3-5 NMSA 1978;
                                9  [(e)] (d)    aggravated battery against a
                                10   household member, as provided in Subsection C of Section
                                11   30-3-16 NMSA 1978;
                                12  [(f)] (e)    aggravated battery upon a
                                13   peace officer, as provided in Subsection C of Section 30-22-25
                                14   NMSA 1978;
                                15  [(g)] (f)    shooting at a dwelling or
                                16   occupied building that does not result in great bodily harm to
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                                17   another person or shooting at or from a motor vehicle that does
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                                18   not result in great bodily harm to another person, as provided
                                19   in Section 30-3-8 NMSA 1978;
                                20  [(h)] (g)    dangerous use of explosives,
                                21   as provided in Section 30-7-5 NMSA 1978;
                                22  [(i)   criminal sexual penetration, as
                                23   provided in Section 30-9-11 NMSA 1978;
                                24  (j)] (h)    robbery, as provided in Section
                                25   30-16-2 NMSA 1978;
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                                1  [(k)] (i)    aggravated burglary, as
                                2    provided in Section 30-16-4 NMSA 1978;
                                3  [(l)] (j)    aggravated arson, as provided
                                4    in Section 30-17-6 NMSA 1978; [or
                                5  (m)] (k)    abuse of a child that results
                                6    in great bodily harm or death to the child, as provided in
                                7    Section 30-6-1 NMSA 1978;
                                8  (l)   homicide by vehicle, as provided in
                                9    Section 66-8-101 NMSA 1978;
                                10  (m)   involuntary manslaughter, as
                                11   provided in Section 30-2-3 NMSA 1978;
                                12  (n)   failing to stop a vehicle when the
                                13   vehicle is involved in an accident that results in death, as
                                14   provided in Section 66-7-201 NMSA 1978; or
                                15  (o)   an offense enumerated in
                                16   Subparagraphs (a) through (n) of Paragraph (4) of Subsection N
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                                17   of Section 33-2-34 NMSA 1978 that is not a serious youthful
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                                18   offender offense as described in this section and that was
                                19   committed with a firearm; or
                                20  (2)   [fourteen to eighteen years of age at the
                                21   time of the offense, who is] adjudicated for [any] a felony
                                22   offense and who has had three prior, separate felony
                                23   adjudications within a three-year time period immediately
                                24   preceding the instant offense; provided that:
                                25  (a)   the felony adjudications relied upon
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                                1    as prior adjudications shall not have arisen out of the same
                                2    transaction or occurrence or series of events related in time
                                3    and location; and
                                4  (b)   successful completion of a consent
                                5    [decrees is] decree shall not be considered a prior
                                6    adjudication for the purposes of this paragraph [or
                                7  (3)   fourteen years of age and who is
                                8    adjudicated for first degree murder, as provided in Section
                                9    30-2-1 NMSA 1978]."
                                10        SECTION 3.     Section 32A-2-20 NMSA 1978 (being Laws 1993,
                                11   Chapter 77, Section 49, as amended) is amended to read:
                                12        "32A-2-20.     DISPOSITION OF A YOUTHFUL OFFENDER AND SERIOUS
                                13   YOUTHFUL OFFENDER.--
                                14  A.   The court has the discretion to invoke either an
                                15   adult sentence or juvenile sanctions on a youthful offender.
                                16   The children's court attorney shall file a notice of intent to
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                                17   invoke an adult sentence within ten working days of the filing
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                                18   of the petition; provided that the court may extend the time
                                19   for filing of the notice of intent to invoke an adult sentence,
                                20   for good cause shown, prior to the adjudicatory hearing.     A
                                21   preliminary hearing by the court or a hearing before a grand
                                22   jury shall be held, within ten days after the filing of the
                                23   intent to invoke an adult sentence, to determine whether
                                24   probable cause exists to support the allegations contained in
                                25   the petition.
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                                1  B.   If the children's court attorney has filed a
                                2    notice of intent to invoke an adult sentence and the child is
                                3    adjudicated as a youthful offender, the court shall make the
                                4    following findings in order to invoke an adult sentence:
                                5  (1)   the child is not amenable to treatment or
                                6    rehabilitation as a child in available facilities; and
                                7  (2)   the child is not eligible for commitment
                                8    to an institution for children with developmental disabilities
                                9    or mental disorders.
                                10  C.   In making the findings set forth in Subsection B
                                11   of this section, the judge shall consider the following
                                12   factors:
                                13  (1)   the seriousness of the alleged offense;
                                14  (2)   whether the alleged offense was committed
                                15   in an aggressive, violent, premeditated or willful manner;
                                16  (3)   whether a firearm was used to commit the
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                                17   alleged offense;
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                                18  (4)   whether the alleged offense was against
                                19   persons or against property, greater weight being given to
                                20   offenses against persons, especially if personal injury
                                21   resulted;
                                22  (5)   the maturity of the child as determined by
                                23   consideration of the child's home, environmental situation,
                                24   social and emotional health, pattern of living, brain
                                25   development, trauma history and disability;
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                                1  (6)   the record and previous history of the
                                2    child;
                                3  (7)   the prospects for adequate protection of
                                4    the public and the likelihood of reasonable rehabilitation of
                                5    the child by the use of procedures, services and facilities
                                6    currently available; and
                                7  (8)   any other relevant factor; provided that
                                8    factor is stated on the record.
                                9  D.   If a child has previously been sentenced as an
                                10   adult pursuant to the provisions of this section, there shall
                                11   be a rebuttable presumption that the child is not amenable to
                                12   treatment or rehabilitation as a child in available facilities.
                                13  E.   If the court invokes an adult sentence, the
                                14   court may sentence the child to less than, but shall not
                                15   exceed, the mandatory adult sentence.     A youthful offender
                                16   given an adult sentence shall be treated as an adult offender
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                                17   and shall be transferred to the legal custody of an agency
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                                18   responsible for incarceration of persons sentenced to adult
                                19   sentences.    This transfer terminates the jurisdiction of the
                                20   court over the child with respect to the delinquent acts
                                21   alleged in the petition.     A child given an adult sentence shall
                                22   not be sentenced to life imprisonment without the possibility
                                23   of release or parole.
                                24  F.   If a juvenile disposition is appropriate, the
                                25   court shall follow the provisions set forth in Section 32A-2-19
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                                1    NMSA 1978.    A youthful offender may be subject to extended
                                2    commitment in the care of the department until the age of
                                3    twenty-one, pursuant to the provisions of Section 32A-2-23 NMSA
                                4    1978.
                                5  G.   A child fourteen years of age or older who was
                                6    charged [with first degree murder] as a serious youthful
                                7    offender but [not convicted of first degree murder and] was
                                8    found to have committed a youthful offender offense as set
                                9    forth in Subsection [J] K of Section 32A-2-3 NMSA 1978 is
                                10   subject to the dispositions set forth in this section.
                                11  H.   A child fourteen years of age or older who was
                                12   charged [with first degree murder] as a serious youthful
                                13   offender but was found to have committed a delinquent act that
                                14   is neither [first degree murder] a serious youthful offender
                                15   offense as set forth in Subsection I of Section 32A-2-3 NMSA
                                16   1978 nor a youthful offender offense as set forth in Subsection
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                                17   [J] K of Section 32A-2-3 NMSA 1978 shall be adjudicated as a
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                                18   delinquent and is subject to the dispositions set forth in
                                19   Section 32A-2-19 NMSA 1978; provided that the case shall be
                                20   transferred to the children's court for disposition."
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