The Santa Fe New Mexican:
Fentanyl trafficking bill dies in committee: A bill to boost penalties for fentanyl trafficking failed in a House committee Saturday morning.
House Bill 107, sponsored by Rep. Andrea Reeb, R-Clovis, would have imposed a nine-year prison sentence for first-offense trafficking which didn’t result in death and a 12-year sentence in instances in which a person died of an overdose, with additional penalties for subsequent offenses. Numerous law enforcement representatives testified in favor of the proposal.
“This will help us out with addressing those folks who cause the most harm,” said Santa Fe Police Deputy Chief Ben Valdez.
Fourth Judicial District Attorney Tom Clayton said his office supports diversion programs but that drug trafficking is a business that is “killing our youth”.
“There has to be a mechanism to get this poison off our streets, and it’s got to be the traffickers,” he said.
However, the House Consumer and Public Affairs Committee voted 3-2 along party lines to table the bill, with Democrats expressing concern it would impose overly severe penalties on addicts rather than traffickers.
“Historically we have seen what the war on crime has done to our country,” said committee chair Rep. Joanne Ferrary, D-Las Cruces. “It has devastated communities, particularly … marginalized communities that have been deeply impacted.”
CYFD reform moves forward: A proposal to change how the state Children, Youth and Families Department is overseen moved out of a House committee Saturday morning.
House Joint Resolution 5, which is being co-sponsored by House Speaker Javier Martínez, D-Albuquerque, would put a constitutional amendment on the ballot moving the office out of the governor’s Cabinet and turning it over to an independent commission. The House Government, Elections and Indian Affairs Committee voted 4-3 to give the measure a “do pass” recommendation.
“Improving the experiences of the children in CYFD’s care starts by having well-vetted, experienced leaders at the helm of this critical agency,” sponsor Rep. Eleanor Chávez, D-Albuquerque, said in a statement. “With independent governance, we can bring new levels of expertise and consistency to the agency’s leadership, benefitting the children, families, and staff, and restoring public confidence in our child welfare system.”
Similar proposals has received consistent opposition from CYFD and the governor in years past. On Friday, CYFD Secretary Teresa Casados said shaking up the troubled agency’s leadership would not resolve its issues.
“The problems that we’re facing … would continue,” she said in an interview. “Putting it in a new package doesn’t solve the issues. We still have a shortage of behavioral health in the state, we still have a shortage of workers in the state.”
Juvenile crime crackdown bill heard: The House Consumer and Public Affairs Committee heard a bipartisan bill Saturday to increase penalties on some youth who commit serious crimes.
House Bill 134 would lower the age threshold for a “serious youthful offender” from 15 to 14 and expand the definition of the term to include juveniles charged with second-degree murder, voluntary manslaughter, robbery while armed with a deadly weapon and shooting at or from a motor vehicle or at a dwelling. It would also expand the list of felonies that can get a youth classified as a youthful offender. It would also move offenders to an adult facility when they turn 18.
“People are sick of the crime,” said Rep. Stefani Lord, R-Sandia Park. “Juveniles and adults, and they want something done about it.”
Opponents said the law already has tools to hold youth who commit serious crimes accountable.
“Current law already treats the most serious of these cases as adult crimes, and this bill removes … the option of treating children as children,” said Kim Chavez Cook, with the Law Office of the Public Defender.
The committee plans to vote on the bill at a later date to give its sponsors time to present some amendments.
Judiciary advances safety bills: Two bills that are being considered for inclusion in the omnibus public safety package lawmakers plan to pass this year made it out of committee Saturday.
The House Judiciary Committee voted to advance House Bill 31, which would increase the penalty for making a shooting threat toward a school to a fourth-degree felony, and House Bill 50, which would boost the penalties for recidivist vehicle theft, according to a news release from House Democrats.
“No child should fear going to school. Unfortunately, shooting threats have become all too common. This bill elevates the penalty for shooting threats to reflect the gravity of these crimes and hold offenders accountable,” Rep. Joy Garratt, D-Albuquerque, the sponsor of House Bill 31, said in a statement. “Whether an individual is intending to take lives or just cause fear and panic, we are making clear that we will not tolerate threats of violence in schools and public places.”
Quote of the day: “This bill isn’t tough on crime. It’s tough on kids. And I don’t think we should ever confuse punishment with prevention.” —Nick Costales, who said he has worked in the juvenile justice system for over two decades, testifying against House Bill 134.