Sponsor rolls burglary‑definition bill after critics warn of vagueness; amendment work planned

Senate Bill 100, proposed to update the statutory definition of 'structure' and 'dwelling' in burglary and aggravated‑burglary statutes, was rolled for further drafting after committee debate on Feb. 17.

Proponents including the sponsor and a Santa Fe district attorney said the measure is a response to a court decision and seeks to modernize the law to cover enclosed outdoor living spaces where there is a reasonable expectation of privacy. "This updates the statute to modernize the language of what we consider to be a private place," a sponsor said, referring to a case that reached the state Supreme Court.

Opponents from the public‑defender community warned the change could blur long‑standing distinctions between trespass, burglary and dwelling‑burglary and called parts of the draft unconstitutionally vague. Kim Chavez Cook (law offices of the public defender) said, "For 30 years, the law has been clear that a fenced‑in yard is not a structure," and urged preserving settled doctrine.

Other witnesses including Jonathan Ybarra (New Mexico Criminal Defense Lawyers Association) echoed concerns that vague language would invite litigation and reversal. Supporters including the Greater Albuquerque Chamber of Commerce, the New Mexico Association of Realtors and the New Mexico State Police argued clarity helps law enforcement and protects property rights. The chair decided to roll the bill and requested a reworded amendment to return to committee.