Committee advances SB41 to remove time limits for some sexual offenses against minors
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Summary
Senate Bill 41, which removes the statute of limitations for certain second‑degree sexual offenses involving minors and adds DNA provisions, passed the committee as amended after survivor advocates and victims’ advocates testified in favor; the committee approved the Senate Judiciary substitute as amended.
Senator Charlie and experts described Senate Bill 41 as a trauma‑informed change to permit prosecutions for specified second‑degree sexual offenses against minors at any time, saying delayed disclosure is common and survivors should have access to accountability.
Survivor advocates, the Greater Albuquerque Chamber of Commerce and the New Mexico Coalition of Sexual Assault Programs urged passage. Senator Charlie explained a floor amendment clean‑up and the committee considered a substitute that restored the Senate Judiciary version, clarified statutory citations and added provisions about DNA evidence for third‑ and fourth‑degree offenses.
Committee members asked detailed questions about degrees of criminal sexual penetration and contact, the elements that distinguish second, third and fourth degrees, and potential fiscal exposures, including examples involving school employees and statutory rape categories. Elisa Demas, director of special prosecutions, summarized how existing capital‑felony language is used in statutes and explained why certain phrasing remains in the code.
After debate and a motion by Speaker Martinez, seconded by Representative Hall, the committee voted to give SB41 a due‑pass recommendation as amended; the roll call recorded 10 yes, 0 no.