LESC bill analyses are available on the New Mexico Legislature website (www.nmlegis.gov). Bill analyses are
prepared by LESC staff for standing education committees of the New Mexico Legislature. LESC does not assume
any responsibility for the accuracy of these reports if they are used for other purposes.
LEGISLATIVE EDUCATION STUDY COMMITTEE
BILL ANALYSIS
57th Legislature, 1st S ession, 2025
Bill Number HB8/HJCS Sponsor HJC
Tracking Number .230708.1 Committee Referrals HJC
Short Title Criminal Competency & Treatment
Original Date 2/14/2025
Analyst Hicks Last Updated
BILL SUMMARY
Synopsis of HJC Committee Substitute
LESC analysis focuses on public education and as such, this analysis only relates to Section
16 of the House Judiciary Committee Substitute for House Bill 8 (HB8/HJCS) , previously
known as House Bill 31 as amended in the House Judiciary Committee (HB31/aHJC), Fourth
Degree Felony for Shooting Threat. HB31/aHJC was rolled into HB8/HJCS.
HB8/HJCS would amend Section 30-20- 16 NMSA 1978 to increase the penalty for making a
shooting threat from a misdemeanor to a fourth degree felony, consistent with the current penalty of making a bomb scare. FISCAL IMPACT
Section 16 of HB8/HJCS does not contain an appropriation. LESC analysis focuses primarily on the impact of bills on kindergarten through 12th grade (K-12)
education. HB8/HJCS would likely impact agencies like the New Mexico Corrections Department
(NMCD), local law enforcement and other public safety entities, and the New Mexico Courts, but
this analysis does not discuss these impacts.
The fiscal impact on K-12 schools is likely to be limited. Should stronger criminal penalties result
in fewer shooting threats, schools may see reduced costs associated with responding to these incidents. SUBSTANTIVE ISSUES
In the context of K-12 education, HB8/HJCS would institute additional criminal penalties for
anyone who makes a shooting threat on a K-12 school in New Mexico.
HB8/HJCS – Page 2
Shooting Threat Definition. New Mexico’s C riminal Code currently defines a shooting threat as
intentionally communicating to another person an intent to bring a firearm to a property or use the
firearm with the intent to:
1. Place a person or group of persons in fear of great bodily harm;
2. Prevent or interrupt the occupation or use of a public building; or
3. Cause a response to the threat by a law enforcement official or volunteer agency organized
to deal with emergencies.
Current statute also provides courts with the authority to require an offender to reimburse those
impacted for the economic harm created by the threat. This reimbursement can include overhead
costs and lost wages.
Shooting Threats in New Mexico. In 2024, several schools in New Mexico received shooting
threats, including schools in Albuquerque, Santa Fe, Las Cruces, Raton, Pojoaque, Rio Rancho,
and Eagle Nest. In response to these incidents, Attorney General Raúl Torrez, along with K -12
education stakeholders and law enforcement officials, have proposed
amending the C riminal Code
to create stronger penalties for shooting threats. School shooting threats, even when no actual
violence occurs, can disrupt students’ learning, cause psychological distress for both students and staff, and negatively impact school climate.
Under current state statute, anyone who is found to have committed a shooting threat is charged with a misdemeanor offense. C onviction for such an offense typically
results in a fixed prison
sentence of no more than a year, a fine of $1,000, or both. In contrast, committing a bomb scare constitutes a fourth degree felony.
For a fourth degree felony, New Mexico law sets the basic prison sentence at 18 months. At the court’s discretion, an additional fine of up to $5,000 may also be imposed. ADMINISTRATIVE IMPLICATIONS
The proposed change in HB8/HJCS would likely have administrative implications for both NMCD
and the New Mexico Courts. According to the Law Offices of the Public Defender (LOPD),
HB8/HJCS could impact the workload of the agency, given the greater likelihood of felony cases
going to trial. According to the Administrative Office of the District Attorneys, HB8/HJCS is broad enough to
include threats against schools and public places. HB8/HJCS designating a shooting threat as a
felony offense would require the Children, Youth, and Families Department to forward any shooting threat case against a juvenile to the district attorney’s office. Administrative impacts for K-12 entities are likely to be limited.
OTHER SIGNIFICANT ISSUES
Prior to the 2022 legislative session, making a shooting threat was not classified as a criminal act under state law. The Legislature passed Laws 2022, Chapter 56 (HB 68)
, a package of changes to
the Criminal Code that, among other provisions, made committing a shooting threat an unlawful
act constituting a misdemeanor.
HB8/HJCS – Page 3
In both the 2023 and 2024 legislative sessions, bills were introduced to make shooting threats a
fourth degree felony, but the legislation did not pass in either session.
RELATED BILLS
Related to SB18, Crime of Swatting, which would also make the penalty for a shooting threat a
fourth degree felony, while also designating “swatting” as a criminal act with the same penalty.
SOURCES OF INFORMATION
• LESC Files
• LFC Files
• Law Offices of the Public Defender (LOPD)
• Department of Homeland Security and Emergency Management (HSEM)
• Administrative Office of the Courts (AOC)
• New Mexico Sentencing Commission (NMSC)
• Administrative Office of the District Attorneys (AODA)
• New Mexico Department of Justice (NMDOJ)
• Department of Public Safety (DPS)
• Department of Health (DOH)
• Public Education Department (PED)
CLH/mam/mca/jkh