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Committee debates changes to children's code for violent juveniles; substitute for HB 134 tabled 4-2
Summary
A committee substitute to HB 134 would narrow pathways to adult prosecution by enumerating very violent offenses and lowering the "serious youthful offender" age from 15 to 14 for that list; the Consumer & Public Affairs Committee tabled the substitute 4-2 after substantial public comment.
Representative Reed introduced a committee substitute to House Bill 134 aimed at changing how the children's code treats certain violent juvenile offenders. The substitute reduced the original scope and focused on two principal changes: lowering the age in the “serious youthful offender” category from 15 to 14 for a short list of violent offenses, and adding a set of additional offenses to the "youthful offender" amenability process so some serious charges could lead to adult prosecution after a court hearing.
Representative Reed said sponsors narrowed the bill after stakeholder feedback and listed the most serious offenses to be treated as "serious youthful offender": first-degree and second-degree murder, voluntary manslaughter, robbery with a deadly weapon, and shooting at an occupied dwelling or from a motor vehicle that causes great bodily harm. The committee substitute also added many offenses to the youthful-offender amenability list, including kidnapping, aggravated battery, aggravated arson, criminal sexual penetration, and other violent crimes; the substitute left some decisions to court discretion through the amenability hearing process.
Troy Gray, introduced by the sponsor as an expert from the Bernalillo County district attorney’s office, provided local juvenile referral statistics for 2023: 1,542 total referrals in Bernalillo County; 24 referrals for murder, 52 for armed robbery, and 73 for shooting-related offenses; approximately 471 juvenile referrals involved a handgun. He said juvenile felony referrals increased 57 percent between 2022 and 2023 and that 160 juvenile felony firearm offenses occurred in 2024 (figures as presented by the expert at the hearing).
Opponents included Daniel Williams of the ACLU of New Mexico, who said the ACLU opposed the substitute and called it “a backwards approach to juvenile violent crime,” urging investment in treatment and rehabilitation rather than expanded pathways to adult prosecution. Multiple youth-advocacy and family-impacted speakers — including Diane McCash, Steven Taylor (Deserving Life), Micah Betsini (Bold Futures New Mexico), Vanessa Hulliger (Stronger Together Never Alone), and Brandy Cedillo — urged the committee to reject the substitute and emphasized rehabilitation and evidence-based responses for youth. Manny Gutierrez, a major with the New Mexico State Police, and Marcus Montoya, a judicial district attorney, testified in support and described impacts of violent juvenile crime on schools and communities.
Committee members debated the reach of the substitute, whether the measure would remove rehabilitation options, and whether it targeted a small group of violent repeat offenders or risked widening the net to youth who should remain in juvenile court. Representative Lord and others argued the changes would allow courts more time and jurisdictional flexibility to manage violent juveniles; other members warned the bill could criminalize children and limit rehabilitative outcomes. Representative Thompson and several public commenters said they were concerned the substitute broadened criminal consequences for children beyond the most serious offenders.
After debate the committee voted to table the committee substitute on a 4-2 vote (Representative Romero, Representative Thompson, the vice chair, and the chair voted to table; Representatives Locke and Lord voted against tabling). The transcript records the action as the substitute being tabled.
