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Bill Summary · HB 31

Summary — HB 31: Fourth‑Degree Felony for Shooting Threat (New Mexico)

Status: Action postponed indefinitely (as of 2025-06-03)
Primary sponsor: Representative Garratt (with co-sponsors noted in committee analyses)
Subject area: Crimes & penalties; public safety

Purpose / Intent

HB 31 would increase the criminal penalty for intentionally making a shooting threat in New Mexico from a misdemeanor to a fourth‑degree felony, aligning its severity with the current penalty for making a bomb scare. The change is intended to deter threats (many made to schools and public places) that cause disruption, fear, emergency responses, and harm to school climate and public safety.

Key provisions

  • Reclassifies “making a shooting threat” (existing statutory offense) as a fourth‑degree felony rather than a misdemeanor.
  • Under New Mexico sentencing law, a fourth‑degree felony carries a basic prison term of up to 18 months and the court may impose a fine (statute allows up to $5,000).
  • Committee amendment (HJC) clarifies that criminal liability requires the act to be intentional and malicious, and that the threat must have impacted people or property or have resulted in a law‑enforcement or emergency response.
  • Juvenile cases: felony designation would require the Children, Youth and Families Department to forward juvenile shooting‑threat cases to the district attorney.
  • Restitution language in existing statute (reimbursement for economic harm) remains available; some agencies noted potential overlap/duplication with other restitution provisions.

Who would be affected

  • Individuals (including juveniles) who make shooting threats — increased exposure to felony charges and potentially longer custody sentences.
  • Law enforcement, prosecutors, public defenders, and courts — likely increased workload and greater likelihood of defendants requesting trials.
  • Local governments/counties — potential additional jail costs when defendants are detained.
  • K–12 schools and school districts — may see fewer threats if deterrence effective, but also potential increase in criminal processing of juveniles.

Fiscal and administrative impact

  • Legislative Finance Committee (LFC) estimates the bill is likely to increase incarceration and criminal justice costs. LFC projects at least one additional incarceration annually, estimating:
    • State marginal incarceration cost: at least ~$24.8 thousand (FY27) (estimates vary; NM Corrections avg. cost is higher but marginal costs are used).
    • County jail marginal cost: ~ $19.2 thousand per additional inmate per year.
  • Additional moderate but indeterminate costs possible for courts, prosecutors, public defender offices, and law enforcement due to increased trials and case processing.
  • No appropriation included in the bill.

Significant issues and considerations

  • Mens rea and scope: analysts (NMSC, Public Defender) flagged difficulty proving intent/mental state and concern that broadly worded threats could criminalize “idle” or adolescent statements without intent to harm.
  • First Amendment: district attorney’s office noted threats of violence fall outside constitutional protection, but increased penalties could produce legal challenges.
  • Educational stakeholders urged consideration of restorative practices, threat assessment, and mental‑health interventions as complements or alternatives to criminal penalties.
  • The HJC amendment attempts to narrow application (requires intentional, malicious act and either an impact or emergency response).

Procedural / timeline notes

  • Analyses and committee reports were prepared in early 2025; under default statute a bill without a specified effective date would take effect 90 days after adjournment (analysts referenced June 20, 2025, in one analysis).
  • Current legislative status (per user data): action postponed indefinitely (6/3/2025).

Sources: New Mexico LFC & LESC fiscal/analysis documents and committee reports prepared for HB 31 (2025).

Compiled from official sources — confirm details with the bill’s official record.

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