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SB100 • 2026
BURGLARY DEFINITION OF DWELLING
The latest official action shows that this bill did not move forward in that session.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
BURGLARY DEFINITION OF DWELLING
Passed in the House of Representatives - Y:48 N:15
Senate has failed to concur in House Amendments on a Senate Bill
HJC: Reported by committee with Do Pass recommendation with amendment(s)
HCPAC: Reported by committee with Do Pass recommendation
Sent to HCPAC - Referrals: HCPAC/HJC
Senate Floor Amendment
Passed in the Senate - Y:32 N:4
SFC: Reported by committee with Do Pass recommendation
SJC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
SCC: Reported by committee to fall within the purview of a 30 day session
Sent to SCC - Referrals: SCC/SJC/SFC
Action Postponed Indefinitely
BURGLARY DEFINITION OF DWELLING
SB0100 SENATE BILL 100 57th legislature - STATE OF NEW MEXICO - second session, 2026 INTRODUCED BY Cindy Nava and Linda M. Trujillo and Andrea Romero AN ACT RELATING TO CRIME; PROVIDING A DEFINITION OF "DWELLING" FOR BURGLARY AND AGGRAVATED BURGLARY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 30-16-3 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-3, as amended) is amended to read: "30-16-3. BURGLARY.-- A. Burglary consists of the unauthorized entry of [ any ] a vehicle, a watercraft, an aircraft, a dwelling or other structure, movable or immovable, with the intent to commit any felony or theft [ therein ] in the vehicle, watercraft, aircraft, dwelling or other structure . [ A. ] B. Any person who, without authorization, enters a dwelling [ house ] with intent to commit any felony or theft therein is guilty of a third degree felony. [ B. ] C. Any person who, without authorization, enters any vehicle, watercraft, aircraft or other structure, movable or immovable, with intent to commit any felony or theft therein is guilty of a fourth degree felony. D. As used in this section, "dwelling" means a personal space with some sort of enclosure that creates the expectation of privacy in such a manner that a reasonable person would expect protection from an unauthorized intrusion. " SECTION 2. Section 30-16-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-4) is amended to read: "30-16-4. AGGRAVATED BURGLARY.-- A. Aggravated burglary consists of the unauthorized entry of [ any ] a vehicle, a watercraft, an aircraft, a dwelling or other structure, movable or immovable, with intent to commit [ any ] a felony or theft [ therein ] in the vehicle, watercraft, aircraft, dwelling or other structure and the person either: [ A. ] (1) is armed with a deadly weapon; [ B. ] (2) after entering, [ arms himself ] is armed with a deadly weapon; or [ C. ] (3) commits a battery upon [ any ] a person while in [ such ] the place or in entering or leaving [ such ] the place. B. Whoever commits aggravated burglary is guilty of a second degree felony. C. As used in this section, "dwelling" means a personal space with some sort of enclosure that creates the expectation of privacy in such a manner that a reasonable person would expect protection from an unauthorized intrusion. " - 3 -