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HOUSE BILL 165
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Nicole Chavez and Andrea Reeb and Art De La Cruz
AN ACT
RELATING TO PRETRIAL DETENTION; REQUIRING A PROBABLE CAUSE
DETERMINATION BEFORE A HEARING TO DENY BAIL; PROVIDING FOR
PERMISSIBLE INFERENCES AND A PRESUMPTION SUPPORTING DENIAL OF
BAIL FOR CASES INVOLVING DANGEROUS FELONY OFFENSES; DECLARING
AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] PRESUMPTION THAT DEFENDANT IS
DANGEROUS AND THAT NO RELEASE CONDITIONS WILL REASONABLY
PROTECT THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY.--
A. A hearing to deny bail, initiated by a
prosecuting authority pursuant to Article 2, Section 13 of the
constitution of New Mexico, may proceed only after a magistrate
court, metropolitan court or district court makes a probable
cause determination as provided for by supreme court rule.
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B. During a hearing to deny bail for a defendant
charged with committing a dangerous felony offense, the
prosecuting authority may present all available evidence that
demonstrates that:
(1) the defendant is a danger to any other
person or to the community if released; and
(2) no release conditions will reasonably
protect any other person or the community.
C. Upon the introduction of the evidence described
in Subsection B of this section, the court shall infer that the
evidence is true and presume denial of bail is necessary.
D. After both parties present their evidence, the
court shall determine whether the inferences and presumption
supporting denial of bail were overcome. If the inferences and
presumption were not overcome, the court shall adopt them as
findings and issue an order in accordance with supreme court
rule.
E. As used in this section, "dangerous felony
offense" means:
(1) first degree murder, as provided in
Section 30-2-1 NMSA 1978;
(2) second degree murder, as provided in
Section 30-2-1 NMSA 1978;
(3) voluntary manslaughter, as provided in
Section 30-2-3 NMSA 1978;
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(4) third degree aggravated battery against a
household member, as provided in Section 30-3-16 NMSA 1978;
(5) first degree kidnapping, as provided in
Section 30-4-1 NMSA 1978;
(6) first and second degree criminal sexual
penetration, as provided in Section 30-9-11 NMSA 1978;
(7) second and third degree criminal sexual
contact of a minor, as provided in Section 30-9-13 NMSA 1978;
(8) first and second degree robbery, as
provided in Section 30-16-2 NMSA 1978;
(9) second degree aggravated arson, as
provided in Section 30-17-6 NMSA 1978;
(10) shooting at a dwelling or occupied
building, as provided in Section 30-3-8 NMSA 1978;
(11) shooting at or from a motor vehicle, as
provided in Section 30-3-8 NMSA 1978;
(12) aggravated battery upon a peace officer,
as provided in Section 30-22-25 NMSA 1978;
(13) assault with intent to commit a violent
felony upon a peace officer, as provided in Section 30-22-23
NMSA 1978;
(14) aggravated assault upon a peace officer,
as provided in Section 30-22-22 NMSA 1978;
(15) a felony that was committed while the
defendant brandished or discharged a firearm; or
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(16) any of the following offenses, when the
nature of the offense and the resulting harm are such that the
court judges the crime to be a dangerous offense for the
purpose of this section:
(a) involuntary manslaughter, as
provided in Section 30-2-3 NMSA 1978;
(b) fourth degree aggravated assault, as
provided in Section 30-3-2 NMSA 1978;
(c) third degree assault with intent to
commit a violent felony, as provided in Section 30-3-3 NMSA
1978;
(d) fourth degree aggravated assault
against a household member, as provided in Section 30-3-13 NMSA
1978;
(e) third degree assault against a
household member with intent to commit a violent felony, as
provided in Section 30-3-14 NMSA 1978;
(f) third and fourth degree aggravated
stalking, as provided in Section 30-3A-3.1 NMSA 1978;
(g) second degree kidnapping, as
provided in Section 30-4-1 NMSA 1978;
(h) second degree abandonment of a
child, as provided in Section 30-6-1 NMSA 1978;
(i) first, second and third degree abuse
of a child, as provided in Section 30-6-1 NMSA 1978;
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(j) third degree dangerous use of
explosives, as provided in Section 30-7-5 NMSA 1978;
(k) third and fourth degree criminal
sexual penetration, as provided in Section 30-9-11 NMSA 1978;
(l) fourth degree criminal sexual
contact of a minor, as provided in Section 30-9-13 NMSA 1978;
(m) third degree robbery, as provided in
Section 30-16-2 NMSA 1978;
(n) third degree homicide by vehicle or
great bodily harm by vehicle, as provided in Section 66-8-101
NMSA 1978; or
(o) battery upon a peace officer, as
provided in Section 30-22-24 NMSA 1978.
SECTION 2. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.
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