DELINQUENCY ACT CHANGES

HB0125

HOUSE BILL 125

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Andrea Reeb

AN ACT

RELATING TO DELINQUENCY; AMENDING THE DEFINITIONS OF "SERIOUS
YOUTHFUL OFFENDER" AND "YOUTHFUL OFFENDER" IN THE CRIMINAL
SENTENCING ACT; EXPANDING THE DEFINITIONS OF "DELINQUENT ACT",
"SERIOUS YOUTHFUL OFFENDER" AND "YOUTHFUL OFFENDER" IN THE
DELINQUENCY ACT; PROVIDING FOR THE DISPOSITION OF A SERIOUS
YOUTHFUL OFFENDER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 31-18-15.2 NMSA 1978 (being Laws 1993,
Chapter 77, Section 1, as amended) is amended to read:

"31-18-15.2. DEFINITIONS.--As used in the Criminal
Sentencing Act:

A. "serious youthful offender" means [
an individual
fifteen to eighteen years of age who is charged with and
indicted or bound over for trial for first degree murder
]
a
serious youthful offender as provided in Section 32A-2-3 NMSA
1978
; and

B. "youthful offender" means a [
delinquent child
subject to adult or juvenile sanctions who is:

(1) fourteen to eighteen years of age at the
time of the offense and who is adjudicated for at least one of
the following offenses:

(a) second degree murder, as provided in
Section 30-2-1 NMSA 1978;

(b) assault with intent to commit a
violent felony, as provided in Section 30-3-3 NMSA 1978;

(c) kidnapping, as provided in Section
30-4-1 NMSA 1978;

(d) aggravated battery, as provided in
Subsection C of Section 30-3-5 NMSA 1978;

(e) aggravated battery upon a peace
officer, as provided in Subsection C of Section 30-22-25 NMSA
1978;

(f) shooting at a dwelling or occupied
building or shooting at or from a motor vehicle, as provided in
Section 30-3-8 NMSA 1978;

(g) dangerous use of explosives, as
provided in Section 30-7-5 NMSA 1978;

(h) criminal sexual penetration, as
provided in Section 30-9-11 NMSA 1978;

(i) robbery, as provided in Section
30-16-2 NMSA 1978;

(j) aggravated burglary, as provided in
Section 30-16-4 NMSA 1978;

(k) aggravated arson, as provided in
Section 30-17-6 NMSA 1978; or

(l) abuse of a child that results in
great bodily harm or death to the child, as provided in Section
30-6-1 NMSA 1978;

(2) fourteen to eighteen years of age at the
time of the offense and adjudicated for any felony offense and
who has had three prior, separate felony adjudications within a
three-year time period immediately preceding the instant
offense. The felony adjudications relied upon as prior
adjudications shall not have arisen out of the same transaction
or occurrence or series of events related in time and location.
Successful completion of consent decrees is not considered a
prior adjudication for the purposes of this paragraph; or

(3) fourteen years of age and adjudicated for
first degree murder, as provided in Section 30-2-1 NMSA 1978
]

youthful offender as provided in Section 32A-2-3 NMSA 1978
."

SECTION 2.
Section 32A-2-3 NMSA 1978 (being Laws 1993,
Chapter 77, Section 32, as amended) is amended to read:

"32A-2-3. DEFINITIONS.--As used in the Delinquency Act:

A. "delinquent act" means an act committed by a
child
that is:

(1) an offense
that would be designated as a
crime under the law if committed by an adult, not including a
violation of Section 30-9-2 NMSA 1978, including: [
the
following offenses

(1)
]
(a)
any of the following offenses
pursuant to municipal traffic codes or the Motor Vehicle Code:
[
(a)
]
1)
driving while under the influence of intoxicating
liquor or drugs; [
(b)
]
2)
failure to stop in the event of an
accident causing [
death
] personal injury or damage to property;
[
(c)
]
3)
unlawful taking of a vehicle or motor vehicle; [
(d)
]

4)
receiving or transferring of a stolen vehicle or motor
vehicle; [
(e) homicide by vehicle; (f)
]
5)
injuring or
tampering with a vehicle; [
(g)
]
6)
altering or changing of an
engine number or other vehicle identification numbers; [
(h)
]
7)

altering or forging of a driver's license or permit or any
making of a fictitious license or permit; [
(i)
]
8)
reckless
driving; [
(j)
]
9)
driving with a suspended or revoked license;
or [
(k)
]
10)
an offense punishable as a felony;

[
(2) buying, attempting to buy, receiving,
possessing or being served any alcoholic liquor or being
present in a licensed liquor establishment, other than a
restaurant or a licensed retail liquor establishment, except in
the presence of the child's parent, guardian, custodian or
adult spouse. As used in this paragraph, "restaurant" means an
establishment where meals are prepared and served primarily for
on-premises consumption and that has a dining room, a kitchen
and the employees necessary for preparing, cooking and serving
meals. "Restaurant" does not include an establishment, as
defined in regulations promulgated by the director of the
special investigations unit of the department of public safety,
that serves only hamburgers, sandwiches, salads and other fast
foods;

(3)
]
(b)
a violation of Section 30-29-2
NMSA 1978, regarding the illegal use of a glue, aerosol spray
product or other chemical substance;

[
(4)
]
(c)
a violation of the Controlled
Substances Act;

[
(5) escape from the custody of a law
enforcement officer or a juvenile probation or parole officer
or from any placement made by the department by a child who has
been adjudicated a delinquent child;

(6)
]
(d)
a violation of Section
30-15-1.1 NMSA 1978 regarding unauthorized graffiti on personal
or real property;
or

[
(7) a violation of an order of protection
issued pursuant to the provisions of the Family Violence
Protection Act; or

(8)
]
(e)
trafficking cannabis as
provided in Section 26-2C-28 NMSA 1978;
or

(2) any of the following offenses:

(a) buying, attempting to buy,
receiving, possessing or being served any alcoholic liquor or
being present in a licensed liquor establishment, other than a
restaurant or a licensed retail liquor establishment, except in
the presence of the child's parent, guardian, custodian or
adult spouse. As used in this subparagraph, "restaurant" means
an establishment where meals are prepared and served primarily
for on-premises consumption and that has a dining room, a
kitchen and the employees necessary for preparing, cooking and
serving meals. "Restaurant" does not include an establishment,
as defined in regulations promulgated by the director of the
special investigations unit of the New Mexico state police
division of the department of public safety, that serves only
hamburgers, sandwiches, salads and other fast foods;

(b) buying, attempting to buy,
receiving, possessing or being served cannabis or a cannabis
product or being present in a cannabis establishment, except in
the presence of the child's parent, guardian, custodian or
adult spouse; provided that the provisions of this subparagraph
shall not apply to a child participating in the medical
cannabis program pursuant to the provisions of the Lynn and
Erin Compassionate Use Act. As used in this subparagraph,
"cannabis", "cannabis product" and "cannabis establishment"
have the same definitions as in the Cannabis Regulation Act
;

(c) escape from the custody of a law
enforcement officer or a juvenile probation or parole officer
or from any placement made by the department by a child who has
been adjudicated a delinquent child
; and

(d) a violation of an order of
protection issued pursuant to the provisions of the Family
Violence Protection Act
;

B. "delinquent child" means a child who has
committed a delinquent act;

C. "delinquent offender" means a delinquent child
who is subject to juvenile sanctions only and who is not a
youthful offender or a serious youthful offender;

D. "detention facility" means a place where a child
may be detained under the Children's Code pending
a
court
hearing and does not include a facility for the care and
rehabilitation of an adjudicated delinquent child;

E. "felony" means an act that would be a felony if
committed by an adult;

F. "firearm" means a weapon that will, is designed
to or may rapidly be converted to expel a projectile by the
action of an explosion or the frame or receiver of such weapon;

[
F.
]
G.
"misdemeanor" means an act that would be a
misdemeanor or petty misdemeanor if committed by an adult;

[
G.
]
H.
"restitution" means financial reimbursement
by the child to the victim or community service imposed by the
court and is limited to easily ascertainable damages for injury
to or loss of property, actual expenses incurred for medical,
psychiatric and psychological treatment for injury to a person
and lost wages resulting from physical injury, which are a
direct and proximate result of a delinquent act. "Restitution"
does not include reimbursement for damages for mental anguish,
pain and suffering or other intangible losses. As used in this
subsection, "victim" means a person who is injured or suffers
damage of any kind by an act that is the subject of a complaint
or referral to law enforcement officers or juvenile probation
authorities. Nothing contained in this definition limits or
replaces the provisions of Subsections A and B of Section
32A-2-27 NMSA 1978;

[
H.
]
I.
"serious youthful offender"
is not a
delinquent child and
means [
an individual fifteen
]
a child
fourteen
to eighteen years of age who is charged with and
indicted or bound over for trial for [
first degree murder. A
"serious youthful offender" is not a delinquent child as
defined pursuant to the provisions of this section
]
at least
one of the following crimes:

(1) murder in the first degree or murder in
the second degree, as provided in Section 30-2-1 NMSA 1978;

(2) voluntary manslaughter, as provided in
Section 30-2-3 NMSA 1978;

(3) criminal sexual penetration in the first,
second, third or fourth degree or aggravated criminal sexual
penetration, as provided in Section 30-9-11 NMSA 1978;

(4) robbery while armed with a deadly weapon,
as provided in Section 30-16-2 NMSA 1978; or

(5) shooting at a dwelling or occupied
building that results in great bodily harm to another person or
shooting at or from a motor vehicle that results in great
bodily harm to another person, as provided in Section 30-3-8
NMSA 1978
;

[
I.
]
J.
"supervised release" means the release of a
juvenile, whose term of commitment has not expired, from a
facility for the care and rehabilitation of adjudicated
delinquent children, with specified conditions to protect
public safety and promote successful transition and
reintegration into the community. A juvenile on supervised
release is subject to monitoring by the department until the
term of commitment has expired and may be returned to custody
for violating conditions of release; and

[
J.
]
K.
"youthful offender" means a delinquent
child subject to adult or juvenile sanctions who is [
(1)
]
fourteen to eighteen years of age at the time of the offense
[
and who is adjudicated for at least one of the following
offenses:

(a) second degree murder, as provided in
Section 30-2-1 NMSA 1978
]
and is:

(1) charged with at least one of the following
offenses
:

[
(b)
]
(a)
assault with intent to commit
a violent felony, as provided in Section 30-3-3 NMSA 1978;

[
(c)
]
(b)
kidnapping, as provided in
Section 30-4-1 NMSA 1978;

[
(d)
]
(c)
aggravated battery, as
provided in Subsection C of Section 30-3-5 NMSA 1978;

[
(e)
]
(d)
aggravated battery against a
household member, as provided in Subsection C of Section
30-3-16 NMSA 1978;

[
(f)
]
(e)
aggravated battery upon a
peace officer, as provided in Subsection C of Section 30-22-25
NMSA 1978;

[
(g)
]
(f)
shooting at a dwelling or
occupied building
that does not result in great bodily harm to
another person
or shooting at or from a motor vehicle
that does
not result in great bodily harm to another person
, as provided
in Section 30-3-8 NMSA 1978;

[
(h)
]
(g)
dangerous use of explosives,
as provided in Section 30-7-5 NMSA 1978;

[
(i) criminal sexual penetration, as
provided in Section 30-9-11 NMSA 1978;

(j)
]
(h)
robbery, as provided in Section
30-16-2 NMSA 1978;

[
(k)
]
(i)
aggravated burglary, as
provided in Section 30-16-4 NMSA 1978;

[
(l)
]
(j)
aggravated arson, as provided
in Section 30-17-6 NMSA 1978; [
or

(m)
]
(k)
abuse of a child that results
in great bodily harm or death to the child, as provided in
Section 30-6-1 NMSA 1978;

(l) homicide by vehicle, as provided in
Section 66-8-101 NMSA 1978;

(m) involuntary manslaughter, as
provided in Section 30-2-3 NMSA 1978;

(n) failing to stop a vehicle when the
vehicle is involved in an accident that results in death, as
provided in Section 66-7-201 NMSA 1978; or

(o) an offense enumerated in
Subparagraphs (a) through (n) of Paragraph (4) of Subsection N
of Section 33-2-34 NMSA 1978 that is not a serious youthful
offender offense as described in this section and that was
committed with a firearm; or

(2) [
fourteen to eighteen years of age at the
time of the offense, who is
] adjudicated for [
any
]
a
felony
offense and who has had three prior, separate felony
adjudications within a three-year time period immediately
preceding the instant offense;
provided that:

(a)
the felony adjudications relied upon
as prior adjudications shall not have arisen out of the same
transaction or occurrence or series of events related in time
and location;
and

(b)
successful completion of
a
consent
[
decrees is
]
decree shall
not
be
considered a prior
adjudication for the purposes of this paragraph [
or

(3) fourteen years of age and who is

adjudicated for first degree murder, as provided in Section

30-2-1 NMSA 1978
]."

SECTION 3.
Section 32A-2-20 NMSA 1978 (being Laws 1993,
Chapter 77, Section 49, as amended) is amended to read:

"32A-2-20. DISPOSITION OF A YOUTHFUL OFFENDER
AND SERIOUS
YOUTHFUL OFFENDER
.--

A. The court has the discretion to invoke either an
adult sentence or juvenile sanctions on a youthful offender.
The children's court attorney shall file a notice of intent to
invoke an adult sentence within ten working days of the filing
of the petition; provided that the court may extend the time
for filing of the notice of intent to invoke an adult sentence,
for good cause shown, prior to the adjudicatory hearing. A
preliminary hearing by the court or a hearing before a grand
jury shall be held, within ten days after the filing of the
intent to invoke an adult sentence, to determine whether
probable cause exists to support the allegations contained in
the petition.

B. If the children's court attorney has filed a
notice of intent to invoke an adult sentence and the child is
adjudicated as a youthful offender, the court shall make the
following findings in order to invoke an adult sentence:

(1) the child is not amenable to treatment or
rehabilitation as a child in available facilities; and

(2) the child is not eligible for commitment
to an institution for children with developmental disabilities
or mental disorders.

C. In making the findings set forth in Subsection B
of this section, the judge shall consider the following
factors:

(1) the seriousness of the alleged offense;

(2) whether the alleged offense was committed
in an aggressive, violent, premeditated or willful manner;

(3) whether a firearm was used to commit the
alleged offense;

(4) whether the alleged offense was against
persons or against property, greater weight being given to
offenses against persons, especially if personal injury
resulted;

(5) the maturity of the child as determined by
consideration of the child's home, environmental situation,
social and emotional health, pattern of living, brain
development, trauma history and disability;

(6) the record and previous history of the
child;

(7) the prospects for adequate protection of
the public and the likelihood of reasonable rehabilitation of
the child by the use of procedures, services and facilities
currently available; and

(8) any other relevant factor; provided that
factor is stated on the record.

D. If a child has previously been sentenced as an
adult pursuant to the provisions of this section, there shall
be a rebuttable presumption that the child is not amenable to
treatment or rehabilitation as a child in available facilities.

E. If the court invokes an adult sentence, the
court may sentence the child to less than, but shall not
exceed, the mandatory adult sentence. A youthful offender
given an adult sentence shall be treated as an adult offender
and shall be transferred to the legal custody of an agency
responsible for incarceration of persons sentenced to adult
sentences. This transfer terminates the jurisdiction of the
court over the child with respect to the delinquent acts
alleged in the petition. A child given an adult sentence shall
not be sentenced to life imprisonment without the possibility
of release or parole.

F. If a juvenile disposition is appropriate, the
court shall follow the provisions set forth in Section 32A-2-19
NMSA 1978. A youthful offender may be subject to extended
commitment in the care of the department until the age of
twenty-one, pursuant to the provisions of Section 32A-2-23 NMSA
1978.

G. A child fourteen years of age or older
who was

charged [
with first degree murder
]
as a serious youthful
offender
but [
not convicted of first degree murder and
]
was

found to have committed a youthful offender offense as set
forth in Subsection [
J
]
K
of Section 32A-2-3 NMSA 1978 is
subject to the dispositions set forth in this section.

H. A child fourteen years of age or older
who was

charged [
with first degree murder
]
as a serious youthful
offender
but
was
found to have committed a delinquent act that
is neither [
first degree murder
]
a serious youthful offender
offense as set forth in Subsection I of Section 32A-2-3 NMSA
1978
nor a youthful offender offense as set forth in Subsection
[
J
]
K
of Section 32A-2-3 NMSA 1978 shall be adjudicated as a
delinquent
and is
subject to the dispositions set forth in
Section 32A-2-19 NMSA 1978;
provided that the case shall be
transferred to the children's court for disposition
."

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