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Committee tables bill that would lower burden for juvenile probation violations
Summary
Lawmakers tabled HB79 after debate. The proposal would have reduced the burden of proof for juvenile probation violations from beyond a reasonable doubt to preponderance of the evidence; supporters said it would streamline supervision, while defense and academic commenters warned of due-process risks.
House Bill 79, which would change the evidentiary standard for juvenile probation-violation hearings from "beyond a reasonable doubt" to a preponderance-of-the-evidence standard, was discussed at length before the committee voted to table the measure.
Supporters including the governor’s office and the Greater Albuquerque Chamber of Commerce argued the bill aligns juvenile supervision practices with other states and would allow quicker interventions when youths violate probation. Opponents — including law students and the New Mexico Criminal Defense Lawyers Association — said the change could diminish liberty protections for young people, increase civil-rights risk and should be evaluated with outcomes data from states that have taken similar steps.
Following debate and requests for more comparative data, the committee voted to table HB79 (vote recorded as tabled on what was announced as a 4–2 count). The measure may be revisited after additional study and stakeholder consultation.
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