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Committee backs bill to align vehicular homicide with serious violent offense definitions
Summary
House Bill 102 would revise definitions tied to meritorious deductions for serious violent offenses so that vehicular homicides committed while driving under the influence are treated consistently with reckless-vehicular homicide; the committee advanced the bill after proponents said the change corrects a drafting oversight prompted by case law.
House Bill 102, which revises statutory language that determines whether certain vehicular homicides qualify as serious violent offenses under the meritorious-deductions (good-time) scheme, advanced from committee after a lengthy debate about sentencing policy and rehabilitation.
Representative Reeb, the sponsor, said the bill corrects what he described as a drafting error dating to 2016 that left DWI-related homicide outside a judicial discretionary determination available for reckless-vehicular homicide. He cited a recent court decision (identified in testimony as State v. Montano) and said the legislature likely intended both forms of vehicular homicide to be considered consistently so judges can make the same discretionary finding. “We just changed it in the bill…to state homicide,” Reeb said, explaining the amendment would allow the catch-all discretionary provision to apply across degrees of vehicle-related homicide.
Opponents, including the ACLU of New Mexico and advocates for prisoners, urged caution. Courtney Montoya of the ACLU argued HB102 would weaken incentives for rehabilitation by reducing opportunities to earn meritorious deductions, saying those deductions “promote accountability, personal growth, and successful reintegration.” Diana Grossen of Millions for Prisoners opposed the bill for similar reasons, stressing that participation in programming should continue to be rewarded.
Bennett Bauer, chief public defender, said many vehicular-homicide cases are non-intent crimes and urged the committee to consider the implications for sentencing policy. Proponents responded that the bill is a corrective, not a policy change to remove meritorious deductions generally, and that judges retain discretion under the statutory scheme to make findings in individual cases. Representatives and witnesses from the District Attorneys Association, state police, county sheriffs and business groups spoke in favor, arguing the change restores legislative intent and addresses a statutory inconsistency.
During deliberations, Representative Bates and others asked whether the bill would trigger a fiscal analysis or referral to appropriations (HAFC). Sponsors said they did not expect a fiscal impact and that the bill had not been sent to HAFC.
The committee recorded a motion for a due-pass recommendation. Roll-call votes were taken; the transcript records a majority of affirmative votes and at least one recorded “No” from Leader Spanski; the chair announced the bill passed committee and will proceed to the next stage.
Votes at a glance: motion for a due pass moved by Representative Martinez; second by Representative Bates (as recorded); roll-call produced mostly yes votes with Leader Spanski recorded as “No.” The committee chair announced the bill passed.
