Bill > HB163

This bill designates specific felony offenses as "dangerous or violent felony offenses" for the purpose of bail hearings, meaning a prosecutor can seek to deny bail for individuals accused of these crimes. The bill lists numerous offenses, including various degrees of murder, manslaughter, kidnapping, sexual offenses, robbery, arson, and offenses involving firearms or peace officers, as well as certain aggravated assaults and batteries. It also includes a provision allowing courts to consider other offenses as dangerous or violent if the underlying allegations or harm are of that nature, and it specifies that a felony committed while brandishing or discharging a firearm will also be considered dangerous or violent. Importantly, this bill will only become law if an amendment to Article 2, Section 13 of the New Mexico Constitution is passed, which would allow courts to deny bail for felony offenses if release conditions are deemed insufficient to protect others or the community, or if the defendant is a flight risk, and would create a presumption against bail for those charged with offenses designated as dangerous or violent by law.

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=163&year=26