Alex Ross
El Rito Media
aross@elritomedia.com

Lawmakers blocked a proposal to give more power to district judges in New Mexico to deny bail for those charged with violent crime.

The House Consumer and Public Affairs Committee on Thursday, Jan. 29, tabled the measure on a 4-2 party-line vote, with the committee Democrats supporting the motion to table while its two Republicans opposed it.

Once tabled, the committee must take separate vote to bring the bill back up for consideration and potentially a vote to pass. Legislation must clear two committees in the chamber where it originates before going before the full body.

House Joint Resolution 2 would put a proposed constitutional amendment on the ballot in the Nov. 4 election that, if approved by voters, would allow a judge to presume a person is a danger to the public if they are charged with a dangerous or violent felony or represent a flight risk.

Currently, to incarcerate someone charged with a felony before a trial, the prosecution must prove in a separate court hearing that the defendant is a danger to the public.

HJR 2 would allow a court to determine a defendant was such a risk without a hearing, by deciding if the offense was a “serious, violent offense,” such as murder or aggravated battery. The defense would be allowed to rebut such a decision.

The amendment would have also allowed someone to be held without bail if they are deemed a flight risk. Reps. Andrea Reeb (R-64) of Clovis and Nicole Chavez (R-31) of Albuquerque, sponsored the resolution.

Lujan Grisham, a Democrat who will term out of office at the end of the year, has been a proponent of the measure and other enhanced criminal penalties, putting her at odds with much of her own party, which controls both legislative chambers.

Jonathan Ibarra, a public defender and the president of the New Mexico Criminal Defense Lawyers’ Association, argued during the public comment portion of the meeting that HJR 2 would unduly shift the legal system away from placing the burden of proof on the prosecution to prove guilt.

“The presumption of innocence should mean something,” he said.

The committee’s two Republicans, state Rep. John Block (R-51) of Alamogordo and Stefani Lord (R-22) of Sandia Park, expressed outrage that HJR 2 did not pass the committee.

The two are frequent critics of Lujan Grisham but urged the governor to call a special session for lawmakers to reconsider HJR 2.

“It’s shameful that this has not passed this committee, and so this is a message for the governor: ‘Please call a special session, demand this be on your call,’” Block said.

When reached for comment about Block’s suggestion, Michael Coleman, the governor’s communications director, told El Rito Media that all options are on the table when it comes to Lujan Grisham’s priorities and that she still believes New Mexico needs bail reform.

“Everyone knows that Gov. Lujan Grisham is not afraid to call a special session if it’s in the best interest of New Mexicans and that hasn’t changed,” Coleman said.

Lujan Grisham has called seven special legislative sessions since she was sworn into office in 2019.

That included one in July 2024, where she called lawmakers back to Santa Fe to act on a series of public safety proposals after they did not consider them during the regular 30-day session that year.

The session ended hours later with lawmakers only approving relief funds for the Ruidoso area in the wake of the South Fork and Salt fires earlier that spring.

2nd-degree murder penalty increase shot down

The committee on Thursday also tabled another priority of Lujan Grisham’s, House Bill 59, which would have increased the state’s maximum penalty for second-degree murder.

Sponsored by Reeb, Block and Rep. Luis Terrazas, R-39 of Santa Clara, HB 59 would have increased the maximum penalty for second-degree murder from 18 to 25 years in prison.

Reeb, a longtime prosecutor, said the revision is necessary because the current maximum sentence is the same as that for certain other non-violent offenses such as first-degree kidnapping and drug trafficking.

“So, if you kill somebody, you’re treated the same as someone who’s a second-time drug trafficker,” Reeb said.

Critics on the committee noted that the maximum penalty for second-degree murder was elevated in 2024 when the legislature passed, and Lujan Grisham signed a bill to increase the second-degree murder penalty from 15 to 18 years.

“So, it’s been in effect for less than two years,” said Rep. Liz Thomson (D-24) of Albuquerque, arguing not enough time had passed to rate the effectiveness of the statute.

Lolita Moskowitz, staff attorney with ACLU New Mexico, said she believes that bills like HB 59, which increase sentences, do not result in improved public safety.

“Various proposals this year seek to engage the same response, increased penalties, which will not deliver the community safety that New Mexicans deserve,” Moskowitz said.

Legislative reporter Alex Ross can be followed on X @alexrosstweets.

Alex Ross

El Rito Media

aross@elritomedia.com

A ban on local governments entering contracts to house undocumented immigrants was headed to a vote on the floor of the New Mexico House of Representatives.

House Bill 9 was advanced out of the House Judiciary Committee on Wednesday, Jan. 28 on a 7-4 vote with all Democrats in support and Republicans voting against.

The vote came a week the House Consumer and Public Affairs Committee voted to support the bill, also along party lines. It will next be debated and voted upon by all 70 members of the House, and if passed by that chamber, will go to the Senate for consideration.

If HB 9 reaches Gov. Michelle Lujan Grisham’s desk, she will have until March 11 to sign or veto it.

The legislation, also known as the Immigrant Safety Act, would prohibit public bodies in New Mexico – such as counties, municipalities and school boards- from entering into agreements with U.S. Immigration and Customs Enforcement (ICE) and private contractors to house people on civil immigration violations.

Cibola, Otero and Torrance counties currently have such agreements where such detention centers operate, and HB 9 would force them to exit those contracts.

Similar proposals to block the agreements were introduced in past years, including during the 60-day session in 2025 where that year’s version passed the House but died in the Senate.

State Rep. Eleanor Chavez (D-26) of Albuquerque, one of the bill’s sponsors, pushed the proposal in response to concerns about conditions at New Mexico’s three facilities used to house undocumented immigrants.

But the proposal has taken on greater urgency this year as the tactics used by ICE and U.S. Customs and Border Protection in Minneapolis and elsewhere have sparked nationwide outrage.

Most recently a group of ICE agents shot and killed 37-year-old Alex Pretti during a demonstration in Minneapolis, inflaming tensions and leading to debate in the media on the agency’s tactics.

“We should be focused on taking care of our communities. We should refuse to continue propping up this mass detention center that puts so many people in harm’s way,” Chavez said.

Fernanda Bada, co-executive director of the New Mexico Dream Team, an immigrant advocacy group, said detention facilities were a danger to New Mexicans, and people who are undocumented that reside in the state.

“Our state has a choice. We can continue allowing detention centers to harm families and traumatize children, or we can pass the Immigrant Safety Act and choose dignity, families, safety and care,” she said.

Last week, Sen. Jim Townsend (R-34) of Artesia, sent a letter to the U.S Department of Justice, arguing H.B. 9 could violate the U.S. Constitution by running afoul of federal policy.

He urged the Department of Justice to publicly oppose H.B. 9 “to ensure that New Mexico does not enact legislation that conflicts with federal law and undermines federal supremacy.”

Leaders from communities where some of the facilities are located also expressed worry about closing or reducing operations at facilities they said provide jobs and economic benefit to rural areas.

Virgil Brummel, a member of Milan Board of Trustees, the governing body for the Village of Milan in Cibola County, said ending immigrant detention at the Cibola County Corrections Center would trickle down to several segments of his community.

“We’re going to close out this facility, and we’re going to lose a lot of jobs, and it’s going to trickle down into our school systems, which are already taxed, and we just can’t afford it,” he said

Bill prevents ICE from deputizing locals

At Wednesday’s hearing, Speaker Javier Martinez (D-11) of Albuquerque, who sits on the Judiciary Committee, introduced an amendment adding language to H.B. 9 to also block ICE from deputizing local law enforcement through contracts called 287(g) agreements.

Such agreements allow local law enforcement to be aid in immigration enforcement. Specifically, the amendment prohibits local agents from taking part in the investigation, detention, transportation or removal of people who are undocumented.

The committee accepted Martinez’s amendment on another 7-4, party-line vote.

“That is very important to me, because our law enforcement officers should not be doing the work of the feds,” Martinez said.

According to ICE’s website, the agency has 1,373 active “287(g) agreements” across 35 states. The only agreement that exists in New Mexico is with Curry County for a warrant service officer.

Opponent of the bill State Rep. Andrea Reeb (R-Clovis), whose district includes Curry County argued the county’s agreement only allows a specially trained officer to serve warrants to undocumented individuals housed in the Curry County Detention Center.

People suspected of immigration law violations are not housed there, but the agreement allows immigration warrants to be served by local police to inmates detained on other charges and found to be undocumented.

Reeb said blocking such an agreement and would hamper local law enforcement by not allowing police to work “even in a limited capacity” with ICE.

“I just feel like we’re doing something that could actually open a door to a worse situation,” Reeb said.

Legislative reporter Alex Ross can be followed on X @alexrosstweets.

Alex Ross
El Rito Media
aross@elritomedia.com

A southeastern New Mexico lawmaker’s proposal to impose a tax on renewable energy produced within the state was blocked by a committee of lawmakers.

Following a half-hour of discussion and comments from the public, the House Energy, Environment and Natural Resources Committee voted 6-4 on Tuesday, Jan. 27 to table House Bill 113.

The committee would need to take a separate vote on the bill to bring it back off the table, and reconsider advancing the legislation. Legislation must pass at least two committees in the chamber where it originates before going before the full body.

After gaining such approval via a floor vote, the bill would head to the other chamber for similar approvals before being signed into law or vetoed by Gov. Michelle Lujan Grisham.

The vote to table HB 113, preventing it from continuing in the process, broke down along party lines with all Democrats on the committee supporting the motion.

HB 113 was introduced by Rep. John Block (R-51) of Alamogordo and would have levied a monthly tax of 3.75% of the value per megawatt-hour of electricity generated in New Mexico from solar, wind, biomass, hydroelectric and geothermal sources.

According to the U.S. Nuclear Regulatory Commission, a megawatt-hour is “a unit of energy equal to 1,000 kilowatts of energy used continuously for one hour.”

The U.S Energy Information Administration reports that in 2022 the average residential electric utility customer purchased 899 kilowatt hours of electricity a month, which is equal to 0.899 megawatt hours.

Proceeds from the tax would go into the Severance Tax Permanent Fund, a fund composed of taxes assessed on the value of oil and natural gas extracted from land in New Mexico. Those funds are managed by the State Investment Council, with a portion of its earnings sent into the General Fund annually to support state spending.

Block, who described himself as an “all-of-the-above energy type of guy” said his proposed renewable energy tax is meant to offset revenue from oil and gas taxes he said could be lost as the state moves towards an economy where renewable energy assumes a larger role.

He said that his bill would make renewable producers “pay their fair share,” compared with taxes already paid by oil and gas producers.

“The purpose is not to stop renewable development, but to ensure that as New Mexico’s energy economy evolves, our Permanent Fund savings and long-term stability will evolve with it,” Block said.

HB 113 contained exemptions for renewable energy produced in New Mexico by the federal government, the state of New Mexico and its subdivisions and activities and by any Indian nation, tribe or pueblo on sovereign territory.

Electricity from renewable sources for personal use, including excess energy of less than 500 kilowatt-hours in a 24-hour time frame, would also not be subject to the tax.

In all, 51% of electricity generated in New Mexico comes from renewable sources., according to an analysis provided by the Department of Taxation and Revenue. An estimated 4% of that energy would be exempted from the tax, read the report.

Critics of the bill voiced concern about the tax, arguing it would be a reversal of the state’s yearslong policy of encouraging production for renewables through tax credits and other incentives.

“This bill sends the wrong signal to developers, just as we’re trying to expand our renewable energy economy and move away from our dependence on fossil fuels,” said Michelle Chavez, a member of the audience during the public comment portion of the hearing.

AnnaLinden Weller, a senior policy advisor for clean energy at environmental group Western Resource Advocates said the cost of the tax would be passed onto consumers, with those from low-income households being hit the hardest.

“Really this is a way of halting a great deal of development for our state to achieve a small amount of revenue that is mostly extracted from our poorest residents,” she said.

But Republicans on the committee believed that at some point the renewable energy industry needs to start paying more in taxes, comparing the growing industry with fossil fuels.

Rep. Mark Murphy (R-59) of Roswell, the president of an oil producer Strata Production Company voted against tabling HB 113.

He said New Mexico’s budgets have grown dramatically in recent years, but projections of the amount of oil and gas revenues are projected to decline as the state and other energy markets shift toward more renewable power.

“I think long term, it’s going to become very important for us in the state to find these funding mechanisms, or we’re going to have some real budget issues,” Murphy said.

Legislative reporter Alex Ross can be followed on X @alexrosstweets.

Photos by Adrian Hedden
Carlsbad Current-Argus
achedden@currentargus.com

Local children flock to Living Desert Zoo for resident black bear’s birthday party

Maggie the Bear mostly kept to herself during her 21st birthday party held Saturday, Jan. 17 at the Living Desert Zoo and Gardens State park.

A crowd gathered at the black bear’s enclosure during the party where she receives her annual present, an edible box filled with nuts and fruit.

Traditionally attendees get a glimpse of the massive animal’s power as she tears into the treat.

This year, Maggie chose to remain in a corner of the enclosure out of site of most of the attendees except to walk to the center, grab the present in her jaws and walk back.

Local children eagerly waiting their glimpse of the 360-pound bear received some solace in the zoo’s Visitor Center where they designed paper bear masks and other crafts, while enjoying birthday cake provided by zoo staff.