Last week I wrote about the potential Omnibus bill rumored to be planned for crime legislation in Sante Fe. In summary, I was concerned about other legislation being lumped with the critical public safety bills that New Mexico desperately needs to combat the violent and property crime that have exploded in our city in the last couple of years.
I was right and wrong.
The Omnibus bill has come to pass. House Bill (HB) 8 now combines individual bills as follows: HB4 Criminal Competency, HB16 Fentanyl Trafficking Sentences, HB31 Fourth Degree Felony for Shooting Threat, HB38 Possession of Weapon Conversion Device, HB50 Penalties for Vehicular Theft, HB106 DWI Blood Testing.
I, and probably most lawful gun owners, don’t ever plan to convert our semi-automatic firearms to function as an automatic using the notoriously easy to obtain “Glock Switch” so I am okay with HB38, especially because Las Cruces youth are being caught with them regularly in the commission of other crimes like car thefts, shoplifting, etc.
I am thrilled that the Democrat-controlled House has passed this crime legislation and, at least on the surface, appear to be taking public safety seriously. Next it heads to the Senate for similar committee hearings and eventually, hopefully, a vote.
But let’s scratch the surface a bit, shall we? There are notable issues with the crime legislation as presented. For example, a representative voted no on this bill because it specifically excludes HB134 (Juvenile) Delinquency Act Changes that she is sponsoring. Her reasoning – her son was murdered several years ago by a juvenile delinquent and her bill is currently stagnating in its first committee and doesn’t appear to be on any track to being passed, despite its critical need.
Additionally, HB4 still does not contain any means for a judge to compel in-patient treatment in the event that the defendant is unable or unwilling to complete out-patient treatment. And the competency issue revolves around a relatively small number of criminals who have figured out how to game the system and/or are the sickest people on the streets. These are folks who are least likely to comply with out-patient treatment and thus will end up with the same outcome – dismissed due to an inability to work toward restoring their competency so they can be held accountable or even eventually get well. Despite numerous email campaigns and even testimony from law enforcement leaders, district attorneys and residents around the state, they have refused to budge to add this requirement.
Finally, they have refused to address child abuse in the context of fentanyl. Both HB 136 and HB 383 have attempted to hold parents accountable by exposing their children to fentanyl, yet both bills appear to be stagnated, tabled, dead in the House Consumer and Public Affairs Committee.
So, my takeaway: are the legislators really interested in tackling the massive crime problem in New Mexico? Or are the bills that have passed meant to appease their constituents on the surface, but without actually addressing the root causes of the problems?
