Read the full stored bill text
HB0318
HOUSE BILL 318
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
Angelica Rubio
and
Reena Szczepanski
and
Andrea Romero
and
Javier Martínez
and
Eleanor Chávez
AN ACT
RELATING TO CIVIL ACTIONS; CREATING A CAUSE OF ACTION TO
RECOVER DAMAGES FOR THE INTENTIONAL OBSTRUCTION, PREVENTION OR
INFRINGEMENT OF THE EXERCISE OR ENJOYMENT OF RIGHTS, PRIVILEGES
OR IMMUNITIES SECURED BY THE UNITED STATES CONSTITUTION;
PROVIDING A LIMITATION ON COMMENCING THE ACTION; PROVIDING THE
RULE OF PRACTICE AND DECISION FOR THE ACTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
A new section of Chapter 41 NMSA 1978 is
enacted to read:
"[
NEW MATERIAL
] ACTION FOR DAMAGES--OBSTRUCTION,
PREVENTION OR INFRINGEMENT OF THE EXERCISE OR ENJOYMENT OF
RIGHTS, PRIVILEGES OR IMMUNITIES.--
A. As used in this section, "rights, privileges or
immunities" means the individual rights, privileges and
immunities secured by the United States constitution.
B. A person whose exercise or enjoyment of rights,
privileges or immunities is intentionally obstructed, prevented
or infringed upon by another person through unlawful force,
fraud or coercion or other unlawful means may maintain an
action for damages in district court against the other person
in the other person's individual capacity, regardless of
whether the other person was acting under color of federal law.
Such an action shall be commenced within three years from the
date the action accrues.
C. The rule of practice and decision for
intentional torts in New Mexico shall apply to an action
commenced pursuant to this section."
- 2 -