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Bill > SB146


NM SB146

NM SB146
Civil Rights Act Claim Changes


summary

Introduced
01/26/2026
In Committee
01/27/2026
Crossed Over
Passed
Dead
02/19/2026

Introduced Session

Potential new amendment
2026 Regular Session

Bill Summary

AN ACT RELATING TO CIVIL CLAIMS; AMENDING THE NEW MEXICO CIVIL RIGHTS ACT; PROVIDING THAT A CLAIM MAY ARISE FROM AN ACT OR THE DELIBERATE INDIFFERENCE OF A PUBLIC BODY OR PERSON ACTING ON BEHALF OF, UNDER COLOR OF OR WITHIN THE COURSE AND SCOPE OF THE AUTHORITY OF A PUBLIC BODY; PROVIDING THAT A PERSON SHALL NOT RECOVER DAMAGES PURSUANT TO BOTH THE NEW MEXICO CIVIL RIGHTS ACT AND THE TORT CLAIMS ACT FOR CLAIMS ARISING FROM THE SAME OCCURRENCE; REDUCING THE MAXIMUM RECOVERY LIMIT FOR CLAIMS; PROVIDING FOR AND LIMITING INTEREST ON JUDGMENT; PROHIBITING EXEMPLARY OR PUNITIVE DAMAGES; REDUCING THE TIME FOR INITIATING AN ACTION FROM THREE TO TWO YEARS; REQUIRING NOTICE FOR ALL CLAIMS AND DIRECTING HOW NOTICE SHALL BE GIVEN FOR ALL CLAIMS; PROVIDING THAT A CLAIM SHALL NOT BE MAINTAINED IF NOTICE IS NOT GIVEN AS DIRECTED AND PROVIDING EXCEPTIONS FOR INJURY AND DEATH; MAKING CONFORMING AMENDMENTS. .232951.2GLG

AI Summary

This bill amends the New Mexico Civil Rights Act to allow claims to arise from the actions or deliberate indifference of a public body, which includes entities like state and local governments, school districts, and institutions of higher education, as well as individuals acting on their behalf. It clarifies that a person cannot recover damages under both the New Mexico Civil Rights Act and the Tort Claims Act for the same incident, reduces the maximum recovery limits for claims, and limits interest on judgments. The bill also prohibits exemplary or punitive damages, shortens the time to initiate an action from three years to two years, and introduces new requirements for providing written notice of claims to public bodies within ninety days, with exceptions for incapacity and wrongful death, and specifies that claims cannot proceed if proper notice is not given, unless the public body had actual notice.

Sponsors (2)

Last Action

Senate Health and Public Affairs Committee (00:00:00 2/11/2026 Room 311) (on 02/11/2026)

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