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House raises maximum penalty for aggravated battery on peace officers to align with other offenses

February 09, 2026 | House of Representatives, Committees, Legislative, New Mexico


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House raises maximum penalty for aggravated battery on peace officers to align with other offenses
The House approved legislation that increases the maximum penalty for aggravated battery on a peace officer to match the higher degree used for comparable offenses. Proponents described the change as a structural fix to an inconsistency in the criminal code and said it brings parity between crimes against civilians and officers.

Floor debate emphasized the statute’s inconsistency: committee materials and sponsors noted that certain assaults on peace officers are currently classified at the same level as assaults on civilians despite the policy choice elsewhere in the criminal code to treat crimes against officers more seriously. Supporters said the second‑degree felony classification provides an appropriate sentencing range up to nine years while leaving discretion with judges.

Opponents and some members of the public‑defense community raised concerns that the increased maximum could result in significantly longer sentences for young offenders in some cases, noting that sentencing remains discretionary and that enhancements (for firearms, etc.) already exist in the criminal code. The House passed the bill on final passage with a recorded vote of 55 AYE, 11 NAY.

Votes at a glance: House Bill 61 — Final passage, 55 AYE, 11 NAY.

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