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Committee advances bill raising aggravated-battery-on-officer penalty to second-degree felony (HB103)
Summary
The House Judiciary Committee voted to give HB103 a "do pass" recommendation, moving a bill that raises the penalty for aggravated battery on a peace officer in cases involving great bodily harm or a deadly weapon from a third-degree to a second-degree felony. Law enforcement officers testified in support; the public defender's office opposed the
The House Judiciary Committee voted to give House Bill 103 a "do pass" recommendation, advancing changes that would increase penalties for aggravated battery on a peace officer in cases involving great bodily harm, use of a deadly weapon, or conduct likely to cause death.
Representative Reed, sponsor of HB103, told the committee the bill corrects a structural inconsistency in the criminal code: under current law, an aggravated battery on a peace officer can be a third-degree felony while shooting at an officer and missing can be charged as a second-degree felony. "It seems like it might be a higher penalty crime, which it is, but it's also fixing structurally what I believe is pretty... inconsistent with how we are dealing with crimes against peace officers," Reed said.
Detective Lisa McGahay of the Farmington Police Department and Sergeant Rachel DeCenzo Smith, also of the Farmington Police Department, gave firsthand accounts of officers seriously injured in the line of duty and urged passage. "We are left with no other charge than the aggravated battery on a police officer," McGahay said, describing a case in which prosecutors were unable to charge attempted murder under existing instructions. Sergeant DeCenzo Smith described long-term physical and emotional injuries after being shot; she told the committee, "It is only just that those who commit such acts face appropriate extended sentences as well."
Ricky Lee Chavez, with the Office of the Public Defender, testified in opposition, saying the enhanced penalty is unnecessary because prosecutors and judges already have tools such as firearm enhancements, habitual-offender enhancements, and designation of serious violent offenses. "Prosecutors and judges already have ample tools in their toolbox to ensure that more violent batteries receive the greater penalties," Chavez said.
Support witnesses included the Greater Albuquerque Chamber of Commerce president and CEO Terry Cole, New Mexico State Police Deputy Chief Dale Wagner, and Las Cruces Police Chief Jeremy Storey. Wagner said the bill "is a vital step in enhancing protections for police officers" and called for clear statutory enhancements.
The committee moved a due-pass motion for HB103 (mover: Speaker Martinez; second: not specified). The committee roll call in the hearing record shows 11 yes votes and the chair announced the bill has a "due pass" recommendation. The roll-call names recorded as voting yes in the transcript were: Representative Abeta; Representative Chavez; Representative Paul; Representative Hoffman Beheil; Representative Martinez; Speaker Martinez; Representative McQueen; Representative Reed; Leader Sapanski; Vice Chair Romero; and Chairwoman Chandler.
Why it matters: Sponsors said the bill aligns penalties for violent attacks on officers with penalties for comparable offenses, while opponents argued sentencing tools already exist to address more serious conduct and that the change is unnecessary.
Next steps: HB103 will proceed to the House floor with a committee "due pass" recommendation.
