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Committee advances bill expanding human trafficking penalties and protections

5684586 · February 4, 2025
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Summary

House Bill 86 was advanced out of committee after lengthy testimony from law enforcement, prosecutors and service providers about trafficking operations, stash houses and migrant deaths; the bill raises penalties, raises victim age protections and adds prohibitions on charging victims with prostitution.

House Bill 86, sponsored by Representative Thompson and co‑sponsored by Representative Matthews, would expand New Mexico’s human‑trafficking statutes by raising penalties, increasing the protected age to 18, adding labor and commercial methods to the statutory definitions, and excluding victims from prostitution charges.

Rob Hart, director of the Governor’s Organized Crime Commission and a deputy district attorney in Bernalillo County, described recent enforcement work and investigations. Hart told the committee that an operation along the southern border had identified more than 2,000 people moved through an illicit tunnel over six weeks and said “over 2,000 people were brought through that tunnel. They were charging upwards of $10,000 a head.” He and other witnesses described migrants found in “deplorable conditions,” massage‑parlor operations with coerced workers, and cannabis grow operations that use forced labor.

Law enforcement, prosecutors and victim‑service providers testified in strong support. Jason Bowie, secretary for the Department of Public Safety, said the bill is on the governor’s call and called human trafficking a lucrative criminal enterprise that fuels other crimes. Victim advocates and aftercare providers detailed service needs and said costs for victims and programs have been rising; the Crime Victims Reparation Commission said it paid about $600,000 in compensation to trafficking victims over the last two fiscal years.

The bill’s provisions include adding human trafficking to racketeering statutes, raising penalties (including first‑degree felony where a victim is under 18), expanding definitions of methods (harboring, maintaining, transporting), prohibiting charging trafficking victims with prostitution, and clarifying sentencing deductions. Supporters said the changes reflect current criminal business models—stashing, transport and exploitation across the state—and will give prosecutors additional tools.

After extensive public and law‑enforcement testimony, the committee voted 5‑0 to give HB86 a do‑pass recommendation and sent it to the Senate side for further action.