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SENATE BILL 74
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Antoinette Sedillo Lopez and Harold Pope
AN ACT
RELATING TO CRIME; REMOVING THE TIME LIMITATION FOR COMMENCING
PROSECUTION OF HUMAN TRAFFICKING; INCREASING THE AGE FOR SEXUAL
EXPLOITATION OF CHILDREN BY PROSTITUTION TO EIGHTEEN; ADDING
HUMAN TRAFFICKING TO THE DEFINITION OF "RACKETEERING"; AMENDING
THE ELEMENTS OF HUMAN TRAFFICKING; PROVIDING A DEFINITION OF
"HARM"; PROHIBITING CERTAIN DEFENSES IN A PROSECUTION FOR HUMAN
TRAFFICKING; ADDING VICTIMS OF HUMAN TRAFFICKING AND SEXUAL
EXPLOITATION OF CHILDREN TO THE VICTIMS OF CRIME ACT;
PROHIBITING EARNED MERITORIOUS DEDUCTIONS FOR A HUMAN
TRAFFICKING SENTENCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-1-8 NMSA 1978 (being Laws 1963,
Chapter 303, Section 1-8, as amended) is amended to read:
"30-1-8. TIME LIMITATIONS FOR COMMENCING PROSECUTION.--A
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person shall not be prosecuted, tried or punished in any court
of this state unless the indictment is found or information or
complaint is filed within the time as provided:
A. for a second degree felony, within six years
from the time the crime was committed;
B. for a third or fourth degree felony, within five
years from the time the crime was committed;
C. for a misdemeanor, within two years from the
time the crime was committed;
D. for a petty misdemeanor, within one year from
the time the crime was committed;
E. for any crime against or violation of Section
51-1-38 NMSA 1978, within three years from the time the crime
was committed;
F. for a felony pursuant to Section 7-1-71.3,
7-1-72 or 7-1-73 NMSA 1978, within five years from the time the
crime was committed; provided that for a series of crimes
involving multiple filing periods within one calendar year, the
limitation shall begin to run on December 31 of the year in
which the crimes occurred;
G. for an identity theft crime pursuant to Section
30-16-24.1 NMSA 1978, within five years from the time the crime
was discovered;
H. for any crime not contained in the Criminal Code
or where a limitation is not otherwise provided for, within
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three years from the time the crime was committed; and
I. for a capital felony, a first degree violent
felony, [or] second degree murder pursuant to Subsection B of
Section 30-2-1 NMSA 1978 or any crime against or in violation
of Section 30-52-1 NMSA 1978 , no limitation period shall exist,
and prosecution for these crimes may commence at any time after
the occurrence of the crime."
SECTION 2. Section 30-6A-4 NMSA 1978 (being Laws 1984,
Chapter 92, Section 4, as amended) is amended to read:
"30-6A-4. SEXUAL EXPLOITATION OF CHILDREN BY
PROSTITUTION.--
A. Any person knowingly receiving any pecuniary
profit as a result of a child under the age of [sixteen ]
eighteen engaging in a prohibited sexual act with another is
guilty of a second degree felony, unless the child is under the
age of thirteen, in which event the person is guilty of a first
degree felony.
B. Any person knowingly hiring or offering to hire
a child under the age of [sixteen ] eighteen to engage in any
prohibited sexual act is guilty of a second degree felony.
C. Any parent, legal guardian or person having
custody or control of a child under [sixteen ] eighteen years of
age who knowingly permits that child to engage in or to assist
any other person to engage in any prohibited sexual act or
simulation of such an act for the purpose of producing any
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visual or print medium depicting such an act is guilty of a
third degree felony.
D. In a prosecution for sexual exploitation of
children by prostitution, it shall not constitute a defense to
prosecution that the defendant's intended victim was a peace
officer posing as a child under eighteen years of age. "
SECTION 3. Section 30-42-3 NMSA 1978 (being Laws 1980,
Chapter 40, Section 3, as amended) is amended to read:
"30-42-3. DEFINITIONS.--As used in the Racketeering Act:
A. "racketeering" means any act that is chargeable
or indictable under the laws of New Mexico and punishable by
imprisonment for more than one year, involving any of the
following cited offenses:
(1) murder, as provided in Section 30-2-1 NMSA
1978;
(2) robbery, as provided in Section 30-16-2
NMSA 1978;
(3) kidnapping, as provided in Section 30-4-1
NMSA 1978;
(4) forgery, as provided in Section 30-16-10
NMSA 1978;
(5) larceny, as provided in Section 30-16-1
NMSA 1978;
(6) fraud, as provided in Section 30-16-6 NMSA
1978;
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(7) embezzlement, as provided in Section
30-16-8 NMSA 1978;
(8) receiving stolen property, as provided in
Section 30-16-11 NMSA 1978;
(9) bribery, as provided in Sections 30-24-1
through 30-24-3.1 NMSA 1978;
(10) gambling, as provided in Sections
30-19-3, 30-19-13 and 30-19-15 NMSA 1978;
(11) illegal kickbacks, as provided in
Sections 30-41-1 and 30-41-2 NMSA 1978;
(12) extortion, as provided in Section 30-16-9
NMSA 1978;
(13) trafficking in controlled substances, as
provided in Section 30-31-20 NMSA 1978;
(14) arson and aggravated arson, as provided
in Subsection A of Section 30-17-5 and Section 30-17-6 NMSA
1978;
(15) promoting prostitution, as provided in
Section 30-9-4 NMSA 1978;
(16) criminal solicitation, as provided in
Section 30-28-3 NMSA 1978;
(17) fraudulent securities practices, as
provided in the New Mexico Uniform Securities Act;
(18) loan sharking, as provided in Sections
30-43-1 through 30-43-5 NMSA 1978;
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(19) distribution of controlled substances or
controlled substance analogues, as provided in Sections
30-31-21 and 30-31-22 NMSA 1978;
(20) a violation of the provisions of Section
30-51-4 NMSA 1978;
(21) unlawful taking of a vehicle or motor
vehicle, as provided in Section 30-16D-1 NMSA 1978;
(22) embezzlement of a vehicle or motor
vehicle, as provided in Section 30-16D-2 NMSA 1978;
(23) fraudulently obtaining a vehicle or motor
vehicle, as provided in Section 30-16D-3 NMSA 1978;
(24) receiving or transferring stolen vehicles
or motor vehicles, as provided in Section 30-16D-4 NMSA 1978;
(25) altering or changing the serial number,
engine number, decal or other numbers or marks of a vehicle or
motor vehicle, as provided in Section 30-16D-6 NMSA 1978; [and ]
(26) trafficking cannabis products, as
provided in Section 26-2C-28 NMSA 1978; and
(27) human trafficking, as provided in Section
30-52-1 NMSA 1978;
B. "person" means an individual or entity capable
of holding a legal or beneficial interest in property;
C. "enterprise" means a sole proprietorship,
partnership, corporation, business, labor union, association or
other legal entity or a group of individuals associated in fact
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although not a legal entity and includes illicit as well as
licit entities; and
D. "pattern of racketeering activity" means
engaging in at least two incidents of racketeering with the
intent of accomplishing any of the prohibited activities set
forth in Subsections A through D of Section 30-42-4 NMSA 1978;
provided that at least one of the incidents occurred after
February 28, 1980 and the last incident occurred within five
years after the commission of a prior incident of
racketeering."
SECTION 4. Section 30-52-1 NMSA 1978 (being Laws 2008,
Chapter 17, Section 1) is amended to read:
"30-52-1. HUMAN TRAFFICKING.--
A. Human trafficking consists of a person
knowingly:
(1) recruiting, soliciting, enticing,
transporting, harboring, maintaining, patronizing, providing or
obtaining by any means another person with the intent or
knowledge that force, fraud or coercion will be used to subject
the person to labor, services or commercial sexual activity;
(2) recruiting, soliciting, enticing,
transporting, harboring, maintaining, patronizing, providing or
obtaining by any means a person under the age of eighteen years
with the intent or knowledge that the person will be caused to
engage in commercial sexual activity; [or ]
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(3) benefiting, financially or by receiving
anything of value, from the labor, services or commercial
sexual activity of another person [with the knowledge ] where
the person benefiting knew or should have known that force,
fraud or coercion was used to obtain the labor, services or
commercial sexual activity; or
(4) utilizing a person's services to compel
the repayment of a financial debt or other obligation when the
person who holds or enforces the debt or obligation does not
pay the laborer in accordance with state and local law and has
actual or perceived control over the laborer, and the laborer
has no reasonable means to terminate the labor arrangement .
B. The attorney general and the district attorney
in the county of jurisdiction have concurrent jurisdiction to
enforce the provisions of this section.
C. Whoever commits human trafficking is guilty of a
[third] second degree felony; except if the victim is under the
age of
[(1) sixteen, the person is guilty of a second
degree felony; or
(2) thirteen] eighteen, the person is guilty
of a first degree felony.
D. Prosecution pursuant to this section shall not
prevent prosecution pursuant to any other provision of the law
when the conduct also constitutes a violation of that other
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provision. Each violation of this section constitutes a
separate offense and shall not merge with any other offense.
E. In a prosecution pursuant to this section, a
human trafficking victim shall not be charged with accessory to
the crime of human trafficking or for prostitution as provided
in Section 30-9-2 NMSA 1978 .
F. A person convicted of human trafficking shall,
in addition to any other punishment, be ordered to make
restitution to the victim for the gross income or value of the
victim's labor or services and any other actual damages in
accordance with Section 31-17-1 NMSA 1978.
G. As used in this section:
(1) "coercion" means:
(a) causing or threatening to cause harm
to or using physical restraint on any person;
(b) using or threatening to use physical
force or restraint against any person;
(c) abusing or threatening to abuse the
law or legal process;
(d) threatening to report the
immigration status of any person to governmental authorities;
or
(e) knowingly destroying, concealing,
removing, confiscating or retaining any actual or purported
government document of any person; [and ]
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(2) "commercial sexual activity" means any
sexual act or sexually explicit exhibition for which anything
of value is given, promised to or received by any person; and
(3) "harm" means any harm, whether physical or
nonphysical, including psychological, financial or reputational
harm, that is sufficiently serious under all of the surrounding
circumstances to compel a reasonable person of the same
background and in the same circumstances to perform or to
continue performing compelled labor, services or commercial
sexual activity to avoid or attempt to avoid receiving harm.
H. In a prosecution for human trafficking pursuant
to this section, evidence of the following facts or conditions
shall not constitute a defense to prosecution:
(1) the victim's sexual history or history of
commercial sexual activity, specific instances of the victim's
sexual conduct, opinion evidence of the victim's sexual conduct
and reputational evidence of the victim's sexual conduct;
(2) the consent of a minor;
(3) a mistake as to the victim's age; and
(4) that the defendant's intended victim was a
peace officer posing as a child under eighteen years of age.
I. A person convicted of human trafficking pursuant
to this section shall be subject to the Forfeiture Act ."
SECTION 5. Section 31-26-3 NMSA 1978 (being Laws 1994,
Chapter 144, Section 3, as amended) is amended to read:
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"31-26-3. DEFINITIONS.--As used in the Victims of Crime
Act:
A. "court" means magistrate court, metropolitan
court, children's court, district court, the court of appeals
or the supreme court;
B. "criminal offense" means:
(1) negligent arson resulting in death or
bodily injury, as provided in Paragraph (1) of Subsection [B] G
of Section 30-17-5 NMSA 1978;
(2) aggravated arson, as provided in Section
30-17-6 NMSA 1978;
(3) aggravated assault, as provided in Section
30-3-2 NMSA 1978;
(4) aggravated battery, as provided in Section
30-3-5 NMSA 1978;
(5) dangerous use of explosives, as provided
in Section 30-7-5 NMSA 1978;
(6) negligent use of a deadly weapon, as
provided in Section 30-7-4 NMSA 1978;
(7) murder, as provided in Section 30-2-1 NMSA
1978;
(8) voluntary manslaughter, as provided in
Section 30-2-3 NMSA 1978;
(9) involuntary manslaughter, as provided in
Section 30-2-3 NMSA 1978;
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(10) kidnapping, as provided in Section 30-4-1
NMSA 1978;
(11) criminal sexual penetration, as provided
in Section 30-9-11 NMSA 1978;
(12) criminal sexual contact of a minor, as
provided in Section 30-9-13 NMSA 1978;
(13) armed robbery, as provided in Section
30-16-2 NMSA 1978;
(14) homicide by vehicle, as provided in
Section 66-8-101 NMSA 1978;
(15) great bodily injury by vehicle, as
provided in Section 66-8-101 NMSA 1978;
(16) abandonment or abuse of a child, as
provided in Section 30-6-1 NMSA 1978;
(17) stalking or aggravated stalking, as
provided in the Harassment and Stalking Act;
(18) aggravated assault against a household
member, as provided in Section 30-3-13 NMSA 1978;
(19) assault against a household member with
intent to commit a violent felony, as provided in Section
30-3-14 NMSA 1978;
(20) battery against a household member, as
provided in Section 30-3-15 NMSA 1978; [or ]
(21) aggravated battery against a household
member, as provided in Section 30-3-16 NMSA 1978;
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(22) human trafficking, as provided in Section
30-52-1 NMSA 1978; or
(23) sexual exploitation of children, as
provided in Section 30-6A-3 NMSA 1978;
C. "court proceeding" means a hearing, argument or
other action scheduled by and held before a court;
D. "family member" means a spouse, child, sibling,
parent or grandparent;
E. "formally charged" means the filing of an
indictment, the filing of a criminal information pursuant to a
bind-over order, the filing of a petition or the setting of a
preliminary hearing;
F. "victim" means an individual against whom a
criminal offense is committed. "Victim" also means a family
member or a victim's representative when the individual against
whom a criminal offense was committed is a minor, is
incompetent or is a homicide victim; and
G. "victim's representative" means an individual
designated by a victim or appointed by the court to act in the
best interests of the victim."
SECTION 6. Section 33-2-34 NMSA 1978 (being Laws 1999,
Chapter 238, Section 1, as amended) is amended to read:
"33-2-34. ELIGIBILITY FOR EARNED MERITORIOUS
DEDUCTIONS.--
A. To earn meritorious deductions, a prisoner
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confined in a correctional facility designated by the
corrections department must be an active participant in
programs recommended for the prisoner by the classification
supervisor and approved by the warden or the warden's
designee. Meritorious deductions shall not exceed the
following amounts:
(1) for a prisoner confined for committing a
serious violent offense, up to a maximum of four days per
month of time served;
(2) for a prisoner confined for committing a
nonviolent offense, up to a maximum of thirty days per month
of time served;
(3) for a prisoner confined following
revocation of parole for the alleged commission of a new
felony offense or for absconding from parole, up to a maximum
of four days per month of time served during the parole term
following revocation; and
(4) for a prisoner confined following
revocation of parole for a reason other than the alleged
commission of a new felony offense or absconding from parole:
(a) up to a maximum of eight days per
month of time served during the parole term following
revocation, if the prisoner was convicted of a serious violent
offense or failed to pass a drug test administered as a
condition of parole; or
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(b) up to a maximum of thirty days per
month of time served during the parole term following
revocation, if the prisoner was convicted of a nonviolent
offense.
B. A prisoner may earn meritorious deductions upon
recommendation by the classification supervisor, based upon
the prisoner's active participation in approved programs and
the quality of the prisoner's participation in those approved
programs. A prisoner may not earn meritorious deductions
unless the recommendation of the classification supervisor is
approved by the warden or the warden's designee.
C. If a prisoner's active participation in
approved programs is interrupted by a lockdown at a
correctional facility, the prisoner may continue to be awarded
meritorious deductions at the rate the prisoner was earning
meritorious deductions prior to the lockdown, unless the
warden or the warden's designee determines that the prisoner's
conduct contributed to the initiation or continuance of the
lockdown.
D. A prisoner confined in a correctional facility
designated by the corrections department is eligible for lump-
sum meritorious deductions as follows:
(1) for successfully completing an approved
vocational, substance abuse or mental health program, one
month; except when the prisoner has a demonstrable physical,
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mental health or developmental disability that prevents the
prisoner from successfully earning a high school equivalency
credential, in which case, the prisoner shall be awarded three
months;
(2) for earning a high school equivalency
credential, three months;
(3) for earning an associate's degree, four
months;
(4) for earning a bachelor's degree, five
months;
(5) for earning a graduate qualification,
five months; and
(6) for engaging in a heroic act of saving
life or property, engaging in extraordinary conduct for the
benefit of the state or the public that is at great expense or
risk to or involves great effort on the part of the prisoner
or engaging in extraordinary conduct far in excess of normal
program assignments that demonstrates the prisoner's
commitment to self-rehabilitation. The classification
supervisor and the warden or the warden's designee may
recommend the number of days to be awarded in each case based
upon the particular merits, but any award shall be determined
by the director of the adult institutions division of the
corrections department or the director's designee.
E. Lump-sum meritorious deductions, provided in
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Paragraphs (1) through (6) of Subsection D of this section,
may be awarded in addition to the meritorious deductions
provided in Subsections A and B of this section. Lump-sum
meritorious deductions shall not exceed one year per award and
shall not exceed a total of one year for all lump-sum
meritorious deductions awarded in any consecutive twelve-month
period.
F. A prisoner is not eligible to earn meritorious
deductions if the prisoner:
(1) disobeys an order to perform labor,
pursuant to Section 33-8-4 NMSA 1978;
(2) is in disciplinary segregation;
(3) is confined for committing a serious
violent offense and is within the first sixty days of receipt
by the corrections department; or
(4) is not an active participant in programs
recommended and approved for the prisoner by the
classification supervisor.
G. The provisions of this section shall not be
interpreted as providing eligibility to earn meritorious
deductions from a sentence of life imprisonment or a sentence
of life imprisonment without possibility of release or parole.
H. The corrections department shall promulgate
rules to implement the provisions of this section, and the
rules shall be matters of public record. A concise summary of
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the rules shall be provided to each prisoner, and each
prisoner shall receive a quarterly statement of the
meritorious deductions earned.
I. A New Mexico prisoner confined in a federal or
out-of-state correctional facility is eligible to earn
meritorious deductions for active participation in programs on
the basis of the prisoner's conduct and program reports
furnished by that facility to the corrections department. All
decisions regarding the award and forfeiture of meritorious
deductions at such facility are subject to final approval by
the director of the adult institutions division of the
corrections department or the director's designee.
J. In order to be eligible for meritorious
deductions, a prisoner confined in a federal or out-of-state
correctional facility designated by the corrections department
must actively participate in programs that are available. If
a federal or out-of-state correctional facility does not have
programs available for a prisoner, the prisoner may be awarded
meritorious deductions at the rate the prisoner could have
earned meritorious deductions if the prisoner had actively
participated in programs.
K. A prisoner confined in a correctional facility
in New Mexico that is operated by a private company, pursuant
to a contract with the corrections department, is eligible to
earn meritorious deductions in the same manner as a prisoner
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confined in a state-run correctional facility. All decisions
regarding the award or forfeiture of meritorious deductions at
such facilities are subject to final approval by the director
of the adult institutions division of the corrections
department or the director's designee.
L. As used in this section:
(1) "active participant" means a prisoner
who has begun, and is regularly engaged in, approved programs;
(2) "program" means work, vocational,
educational, substance abuse and mental health programs,
approved by the classification supervisor, that contribute to
a prisoner's self-betterment through the development of
personal and occupational skills. "Program" does not include
recreational activities;
(3) "nonviolent offense" means any offense
other than a serious violent offense; and
(4) "serious violent offense" means:
(a) second degree murder, as provided
in Section 30-2-1 NMSA 1978;
(b) voluntary manslaughter, as provided
in Section 30-2-3 NMSA 1978;
(c) third degree aggravated battery, as
provided in Section 30-3-5 NMSA 1978;
(d) third degree aggravated battery
against a household member, as provided in Section 30-3-16
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NMSA 1978;
(e) first degree kidnapping, as
provided in Section 30-4-1 NMSA 1978;
(f) first and second degree criminal
sexual penetration, as provided in Section 30-9-11 NMSA 1978;
(g) second and third degree criminal
sexual contact of a minor, as provided in Section 30-9-13 NMSA
1978;
(h) first and second degree robbery, as
provided in Section 30-16-2 NMSA 1978;
(i) second degree aggravated arson, as
provided in Section 30-17-6 NMSA 1978;
(j) shooting at a dwelling or occupied
building, as provided in Section 30-3-8 NMSA 1978;
(k) shooting at or from a motor
vehicle, as provided in Section 30-3-8 NMSA 1978;
(l) aggravated battery upon a peace
officer, as provided in Section 30-22-25 NMSA 1978;
(m) assault with intent to commit a
violent felony upon a peace officer, as provided in Section
30-22-23 NMSA 1978;
(n) aggravated assault upon a peace
officer, as provided in Section 30-22-22 NMSA 1978; or
(o) any of the following offenses, when
the nature of the offense and the resulting harm are such that
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the court judges the crime to be a serious violent offense for
the purpose of this section: 1) involuntary manslaughter, as
provided in Section 30-2-3 NMSA 1978; 2) fourth degree
aggravated assault, as provided in Section 30-3-2 NMSA 1978;
3) third degree assault with intent to commit a violent
felony, as provided in Section 30-3-3 NMSA 1978; 4) fourth
degree aggravated assault against a household member, as
provided in Section 30-3-13 NMSA 1978; 5) third degree assault
against a household member with intent to commit a violent
felony, as provided in Section 30-3-14 NMSA 1978; 6) third and
fourth degree aggravated stalking, as provided in Section
30-3A-3.1 NMSA 1978; 7) second degree kidnapping, as provided
in Section 30-4-1 NMSA 1978; 8) second degree abandonment of a
child, as provided in Section 30-6-1 NMSA 1978; 9) first,
second and third degree abuse of a child, as provided in
Section 30-6-1 NMSA 1978; 10) third degree dangerous use of
explosives, as provided in Section 30-7-5 NMSA 1978; 11) third
and fourth degree criminal sexual penetration, as provided in
Section 30-9-11 NMSA 1978; 12) fourth degree criminal sexual
contact of a minor, as provided in Section 30-9-13 NMSA 1978;
13) third degree robbery, as provided in Section 30-16-2 NMSA
1978; 14) third degree homicide by vehicle or great bodily
harm by vehicle, as provided in Section 66-8-101 NMSA 1978;
[or] 15) battery upon a peace officer, as provided in Section
30-22-24 NMSA 1978; or 16) human trafficking, as provided in
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Section 30-52-1 NMSA 1978 .
M. Except for sex offenders, as provided in
Section 31-21-10.1 NMSA 1978, an offender sentenced to
confinement in a correctional facility designated by the
corrections department who has been released from confinement
and who is serving a parole term may be awarded earned
meritorious deductions of up to thirty days per month upon
recommendation of the parole officer supervising the offender,
with the final approval of the adult parole board. The
offender must be in compliance with all the conditions of the
offender's parole to be eligible for earned meritorious
deductions. The adult parole board may remove earned
meritorious deductions previously awarded if the offender
later fails to comply with the conditions of the offender's
parole. The corrections department and the adult parole board
shall promulgate rules to implement the provisions of this
subsection. This subsection applies to offenders who are
serving a parole term on or after July 1, 2004."
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