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Committee votes to raise penalty for aggravated battery on peace officer to second-degree felony
Summary
House Bill 103 would increase penalties for aggravated battery on a peace officer where great bodily harm, use of a deadly weapon, or conduct likely to cause death occurs. Law-enforcement witnesses described on-the-job shootings and long-term injuries; the committee voted 6-0 to give the bill a due pass.
Representative Regan Chavez presented House Bill 103, which would raise the statutory penalty for aggravated battery on a peace officer from a third‑degree to a second‑degree felony in cases involving great bodily harm, use of a deadly weapon, or conduct likely to cause death.
Multiple law‑enforcement witnesses told personal stories of on‑duty shootings and injuries. Detective Lisa McGahay of the Farmington Police Department recounted investigations and two cases in which officers were shot; she said prosecutors were constrained by current state law and in at least one instance the aggravated-battery charge was dismissed in favor of federal charges that carried greater penalties. "How do you tell the officer that the charges are gonna be dismissed against the suspect?" McGahay asked the committee, describing the officer's frustration.
Deputy Joseph Reto, who described being shot while on patrol, urged the committee to increase penalties. "Three years for shooting a police officer... that's not enough," he said, describing permanent physical injury and lasting impacts on his family and work. Major Vanda Gutierrez of the New Mexico State Police and other chiefs asked the committee to pass the bill; supporters characterized the measure as a way to protect officer safety and improve recruitment and retention.
Kim Chavez Cook of the Law Offices of the Public Defender submitted written opposition and spoke briefly by phone, saying current sentencing tools (attempted‑murder charges, firearm enhancements, and discretion at sentencing) can address the most serious conduct; she cautioned against a blanket increase because aggravated battery statutes can sometimes cover lesser incidents involving a weapon used without resulting injury.
After extensive testimony from police and public‑safety leaders the committee moved the bill forward. Representative (Madam) chair moved a due pass and Representative Block seconded; the committee approved the due‑pass recommendation on a 6‑0 vote. House Bill 103 now advances for further consideration.
