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Committee adopts amendment to clarify 'extension of a dwelling' and advances SB100

February 16, 2026 | House of Representatives, Committees, Legislative, New Mexico


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Committee adopts amendment to clarify 'extension of a dwelling' and advances SB100
Representative sponsors brought an amendment to Senate Bill 100 to define "extension of a dwelling" for burglary statutes. The proposed language lists three tests to qualify an outdoor space (physically attached or immediately adjoining, enclosed by walls/fencing/substantial barriers, intended for private living use) and enumerates exclusions such as areas readily visible from a public way, open yards, driveways or areas customarily open to visitors.

Representative McQueen said the drafted language was clearer but expressed concern it might broaden coverage compared with prior drafts — specifically calling out common fenced yards and whether they would be captured. The sponsor said the intent was to clarify case law and provide a consistent standard; committee members discussed practical examples and the amendment's source in federal postal service training language.

The committee adopted the amendment and, on roll call, recorded a majority in favor to advance the amended bill (7 yes, 2 no). The amended SB100 will continue through the legislative process for possible refinement.

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