House committee gives due pass to bill increasing penalties for aggravated battery on peace officers

Representative Reed introduced House Bill 61, which would elevate aggravated battery on a peace officer from a third-degree felony to a second-degree felony. The sponsor said the statute’s current structure produces anomalous outcomes where missing or hitting an officer can carry inconsistent degrees.

Law-enforcement witnesses and victims described serious, long-term harms. Detective Lisa McGahee and Sergeant Rachel DeSantis Smith recounted officer-involved shootings and severe injuries; DeSantis Smith described multiple physical injuries and ongoing medical and psychological effects and urged passage: “I now live with lifelong gynecological complications, severe nerve pain, nerve damage, hearing loss, tinnitus, PTSD… I ask you now, please do not hesitate to pass this bill.”

Multiple chiefs, major investigators and the Department of Public Safety secretary supported HB61 as a structural correction to sentencing categories and as a signal that the state values officer safety. Heidi Adams (Tenth Judicial District Attorney) and Jeremy Story (Las Cruces police chief) told the committee the change is a logical fix that will clarify sentencing for the most violent offenses against officers.

Opponents from the ACLU and the Law Office of the Public Defender said tripling or substantially increasing penalties is unlikely to reduce such incidents and cautioned against creating greater disparities between victims based on status. Denali Wilson of the ACLU said raising penalties alone “will not achieve that goal,” and the public defender’s office urged a no vote while acknowledging the importance of officer safety.

After discussion of prior committee history and a recognition that the bill repeatedly stalls in the Senate, Representative Romero moved a due pass and Representative Ward seconded; the committee recorded no opposition in the room and granted HB61 a due pass to the next stage.