Santa Fe, NM – House Majority Leader Nate Gentry kept a promise he made to New Mexicans in November that the House would pass a curfew bill and bills that will toughen penalties on violent offenders.
Last night, the House passed a bipartisan bill, HB 29, that will allow local governments to implement curfews. In addition, since early last week the House has been passing legislation that will crack down on child predators and keep New Mexicans safe.
Majority leader says House will pass curfew bill
Dan McKay
Albuquerque Journal
November 9th, 2015
ALBUQUERQUE, N.M. — The majority leader in the state House predicted Monday that his colleagues in that chamber will quickly pass legislation this session that would allow cities to establish curfews for youngsters and toughen penalties on criminals who kill teenagers.
Rep. Nate Gentry, R-Albuquerque, said he also will push to establish a centralized database that would give judges an up-to-date look at a defendant's criminal history when considering bail or at sentencing.
The legislative package would need at least some bipartisan support to become law. Republicans control the House, Democrats hold the Senate and Gov. Susana Martinez is a Republican.
The curfew bill also might face a legal challenge if passed.
Senate Democrats, meanwhile, have proposed their own nine-point legislative plan, which includes a call for more funding of mental health programs and raising the pay of police officers and other public safety workers. They said a tax increase might be needed to help provide the funding.
The families of two people shot and killed this summer – the group of suspects charged in each case includes teenagers – joined Gentry for Monday's news conference, outside the Bernalillo County Courthouse.
"We need to make Albuquerque and New Mexico safe again," said Nicole Chavez, whose 17-year-old son, Jaydon Chavez-Silver, was killed in a drive-by shooting this summer.
Her son was hanging out with friends in a Northeast Albuquerque home at 10 one night in June, and police don't believe he was the intended target in the shooting. Three suspects – two teenagers and a 21-year-old man – have been charged in the case.
Also speaking at Monday's news conference were the widow and daughter of Steven Gerecke, who was shot in his driveway at 3 a.m. on June 26. Six teenagers – accused of a late-night rampage of stealing from cars and homes – have been charged.
The curfew proposal, if enacted, would be known as Stevie's Law, supporters said.
"We aren't going away," said Vinnie Gerecke, Steven's widow. "We will be there at every hearing."
A top Democrat in the Senate said Gentry's proposals deserve fair consideration – alongside the Democrats' own nine-point plan.
"We will absolutely consider them to make Albuquerque safer," Senate Majority Whip Michael Padilla, D-Albuquerque, said of the GOP proposals.
Gentry said the curfew bill would allow cities and counties to empower officers to detain minors who are out at night or during school hours.
The law would have some exceptions. Minors still could travel to school or religious events, for example, after hours.
The American Civil Liberties Union of New Mexico argues that a curfew would violate teenagers' civil rights.
As for stiffer penalties, Gentry said he will propose an enhancement for people convicted of intentional child abuse resulting in death, when the victim is 13 to 18 years old. They would face the same sentence as someone who kills a younger child – 30 years in prison.
Gentry said he expects the House to pass curfew and penalties legislation within the first 15 days of the session, which starts in January.
Gentry also said judges need real-time information on defendants' criminal history when they consider setting bail that would allow the person to be freed pending trial. There are about six such databases now, he said, maintained by different agencies.
But the databases don't always communicate with one another – which can keep judges from seeing a defendant's full criminal history and related information, Gentry said. A centralized database would help, he said.
Republican and Democratic lawmakers are also working on a proposed constitutional amendment that would allow judges to hold people in jail without bail if they are a danger to the community. Currently, a judge can deny bail only in some first-degree murder cases and in limited cases in which a defendant has been previously convicted of one or more felonies.