New Mexico 2021 Special Session Status: Passed Senate 2 D cosponsors

SB 2 — EXPUNGEMENT OF CERTAIN CRIMINAL RECORDS

Last action — passed House

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Special Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

475 added · 469 removed

Plain-language change summary

The updated SB 2 bill now clearly states that it may include both proposed and adopted amendments, helping to clarify how changes are documented. This transparency is important as it ensures that anyone reviewing the bill understands the current context of the law. Additionally, the bill continues to address expungement of certain cannabis offenses, which aims to assist individuals in moving forward without the stigma of past convictions affecting their job opportunities. Overall, these changes reflect a commitment to reforming criminal records' consequences and improving public access to employment opportunities.

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SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 2 55TH LEGISLATURE- STATE OF NEWMEXICO - FIRST SPECIAL SESSION2021 4 6 8 10 AN ACT RELATING TO CRIMINAL RECORDS;
SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 2 55TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION , 2021 This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
AN ACT RELATING TO CRIMINAL RECORDS;
PROVIDING FOR DISMISSAL OF SENTENCES OF INCARCERATED PERSONS;
h PROVIDING FOR DISMISSAL OF SENTENCES OF INCARCERATED PERSONS;
REVISING THE LIST OF CRIMINAL RECORDS THAT CANNOT BE CONSIDERED IN AN APPLICATION FOR PUBLIC EMPLOYMENT, LICENSURE OR OTHER AUTHORITY TO PRACTICE A TRADE, BUSINESS OR PROFESSION;
g o REVISING THE LIST OF CRIMINAL RECORDS THAT CANNOT BE CONSIDERED t h IN AN APPLICATION FOR PUBLIC EMPLOYMENT, LICENSURE OR OTHER g e i k AUTHORITY TO PRACTICE A TRADE, BUSINESS OR PROFESSION;
AMENDING e t 17 THE CRIMINAL RECORD EXPUNGEMENT ACT.
AMENDING h r i s THE CRIMINAL RECORD EXPUNGEMENT ACT.
w l n d 18 = = 19 a l BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
h , t e u g e b l BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
i a e r 20 SECTION 1.
e e h SECTION 1.
Section 28-2-3 NMSA 1978 (being Laws 1974, a t m m 21 Chapter 78, Section 3, as amended) is amended to read:
Section 28-2-3 NMSA 1978 (being Laws 1974, n d d i = = o h Chapter 78, Section 3, as amended) is amended to read:
d r e 22 "28-2-3.
l ] b d i a º e "28-2-3.
EMPLOYMENT ELIGIBILITY DETERMINATION.-- c e s k 23 A.
EMPLOYMENT ELIGIBILITY DETERMINATION.-- r i = r t e w d A.
Subject to the provisions of Subsection B of e a n b 24 this section and Sections 28-2-4 and 28-2-5 NMSA 1978, in u [ determining eligibility for employment with the state or any of .221065.2 SJC/SB 2 its political subdivisions or for a license, permit, certificate or other authority to engage in any regulated trade, business or profession, the board or other department or agency having jurisdiction may take into consideration a conviction, but the conviction shall not operate as an automatic bar to obtaining public employment or license or other authority to practice the trade, business or profession.
Subject to the provisions of Subsection B of m a n o d m :
b this section and Sections 28-2-4 and 28-2-5 NMSA 1978, in e d s º o t n = .221065.2AIC March 31, 2021 (2:36pm) s k m e e a n e d r e l u [ A d SJC/SB 2 determining eligibility for employment with the state or any of its political subdivisions or for a license, permit, certificate or other authority to engage in any regulated trade, business or profession, the board or other department or agency having jurisdiction may take into consideration a conviction, but the conviction shall not operate as an automatic bar to obtaining public employment or license or other authority to practice the trade, business or profession.
e t 17 (1) records of arrest not followed by a valid w l n d 18 conviction;
(1) records of arrest not followed by a valid conviction;
[and] = = 19 (2) [misdemeanor] convictions [not involving a l i a e r 20 moral turpitude] that have been sealed, dismissed, expunged or a t m m 21 pardoned;
[and] (2) [misdemeanor] convictions [not involving moral turpitude] that have been sealed, dismissed, expunged or h pardoned;
d r e 22 (3) juvenile adjudications;
g o (3) juvenile adjudications;
or c e s k 23 (4) convictions for a crime that is not job- e a n b 24 related for the position in question and consistent with u [ business necessity." .221065.2 - 2 - SJC/SB 2 SECTION 2.
or t h g e (4) convictions for a crime that is not job- i k h r related for the position in question and consistent with i s business necessity." h , t SECTION 2.
Section 28-2-4 NMSA 1978 (being Laws 1974, Chapter 78, Section 4, as amended by Laws 1997, Chapter 238, Section 5 and also by Laws 1997, Chapter 251, Section 1) is amended to read:
Section 28-2-4 NMSA 1978 (being Laws 1974, e u g e b l Chapter 78, Section 4, as amended by Laws 1997, Chapter 238, e e h n d d i Section 5 and also by Laws 1997, Chapter 251, Section 1) is = = o h l ] b d amended to read:
"28-2-4.
i a º e "28-2-4.
POWER TO REFUSE, RENEW, SUSPEND OR REVOKE PUBLIC EMPLOYMENT OR LICENSE.-- A.
POWER TO REFUSE, RENEW, SUSPEND OR REVOKE PUBLIC r i = r t e w d EMPLOYMENT OR LICENSE.-- m a n o d m :
b e d s º o t n = .221065.2AIC March 31, 2021 (2:36pm) s k m e - 2 - e a n e d r e l u [ A d SJC/SB 2 A.
(1) where the applicant, employee or licensee has been convicted of a felony [or a misdemeanor involving e t 17 moral turpitude] and the criminal conviction directly relates w l n d 18 to the particular employment, trade, business or profession;
(1) where the applicant, employee or licensee has been convicted of a felony [or a misdemeanor involving moral turpitude] and the criminal conviction directly relates to the particular employment, trade, business or profession;
= = 19 and a l i a e r 20 [(2) where the applicant, employee or licensee a t m m 21 has been convicted of a felony or a misdemeanor involving moral d r e 22 turpitude and the criminal conviction does not directly relate c e s k 23 to the particular employment, trade, business or profession, if e a n b 24 the board or other agency determines after investigation that u [ the person so convicted has not been sufficiently rehabilitated .221065.2 - 3 - SJC/SB 2 to warrant the public trust;
and [(2) where the applicant, employee or licensee has been convicted of a felony or a misdemeanor involving moral turpitude and the criminal conviction does not directly relate to the particular employment, trade, business or profession, if the board or other agency determines after investigation that the person so convicted has not been sufficiently rehabilitated to warrant the public trust;
or (3)] (2) where the applicant, employee or licensee has been convicted of homicide, kidnapping, human trafficking, trafficking in controlled substances, criminal sexual penetration or related sexual offenses or child abuse and the applicant, employee or licensee has applied for reinstatement, renewal or issuance of a teaching certificate, a license to operate a child-care facility or employment at a child-care facility, regardless of rehabilitation.
or (3)] (2) where the applicant, employee or licensee has been convicted of homicide, kidnapping, human h g trafficking, trafficking in controlled substances, criminal o t h sexual penetration or related sexual offenses or child abuse g e i k and the applicant, employee or licensee has applied for h r i s reinstatement, renewal or issuance of a teaching certificate, a h license to operate a child-care facility or employment at a , t e u g child-care facility, regardless of rehabilitation.
B.
e b l e e h B.
The board or other agency shall explicitly state in writing the reasons for a decision [which] that prohibits the person from engaging in the employment, trade, business or profession if the decision is based in whole or in part on conviction of any crime described in Paragraphs (1) and [(3)] (2) of Subsection A of this section.
The board or other agency shall explicitly state n d d i = = o h in writing the reasons for a decision [which] that prohibits l ] b d i a º e the person from engaging in the employment, trade, business or r i = r profession if the decision is based in whole or in part on t e w d m a n o conviction of any crime described in Paragraphs (1) and [(3)] d m :
[Completion of probation or parole supervision or expiration of a period of three years e t 17 after final discharge or release from any term of imprisonment w l n d 18 without any subsequent conviction shall create a presumption of = = 19 sufficient rehabilitation for purposes of Paragraph (2) of a l i a e r 20 Subsection A of this section.]" a t m m 21 SECTION 3.
b e d s º o t n = .221065.2AIC March 31, 2021 (2:36pm) s k m e - 3 - e a n e d r e l u [ A d SJC/SB 2 (2) of Subsection A of this section.
Section 29-3A-1 NMSA 1978 (being Laws 2019, d r e 22 Chapter 203, Section 1) is amended to read:
[Completion of probation or parole supervision or expiration of a period of three years after final discharge or release from any term of imprisonment without any subsequent conviction shall create a presumption of sufficient rehabilitation for purposes of Paragraph (2) of Subsection A of this section.]" SECTION 3.
c e s k 23 "29-3A-1.
Section 29-3A-1 NMSA 1978 (being Laws 2019, Chapter 203, Section 1) is amended to read:
SHORT TITLE.--[This act] Chapter 29, Article 3A e a n b 24 NMSA 1978 may be cited as the "Criminal Record Expungement u [ Act"." .221065.2 - 4 - SJC/SB 2 SECTION 4.
"29-3A-1.
SHORT TITLE.--[This act] Chapter 29, Article 3A NMSA 1978 may be cited as the "Criminal Record Expungement Act"." SECTION 4.
One year from the date of the final disposition in the case, a person released without conviction for a violation of a municipal ordinance, misdemeanor [or], felony, penalty assessments under the Criminal Code and the Motor Vehicle Code or violations and deferred sentences under the Motor Vehicle Code may petition the district court in the district in which the charges against the person originated for an order to expunge arrest records and public records related to that case.
One year from the date of the final disposition in the case, a person released without conviction for a violation of a municipal ordinance, misdemeanor [or], felony, penalty assessments under the Criminal Code and the Motor Vehicle Code or violations and deferred sentences under the Motor Vehicle Code may petition the district court in the district in which the charges against the person originated for h g an order to expunge arrest records and public records related o t h to that case.
B.
g e i k B.
A petitioner shall provide notice by first-class United States mail of the filed petition to the following parties, which parties shall be given [an opportunity] thirty e t 17 days in which to provide to the district court any objections w l n d 18 to the petition:
A petitioner shall provide notice by first-class h r i s United States mail of the filed petition to the following h parties, which parties shall be given [an opportunity] thirty , t e u g days in which to provide to the district court any objections e b l e e h to the petition:
= = 19 (1) the district attorney for that district;
n d d i = = o h (1) the district attorney for that district;
a l i a e r 20 and a t m m 21 (2) the department of public safety [and d r e 22 (3) the law enforcement agency that arrested c e s k 23 the petitioner].
l ] b d i a º e and r i = r (2) the department of public safety [and t e w d m a n o (3) the law enforcement agency that arrested d m :
e a n b 24 C.
b e d s º o t n = .221065.2AIC March 31, 2021 (2:36pm) s k m e - 4 - e a n e d r e l u [ A d SJC/SB 2 the petitioner ].
A single petition filed pursuant to Subsection A u [ of this section may include a request to expunge multiple .221065.2 - 5 - SJC/SB 2 arrest records and public records that originated within the jurisdiction of a district.
C.
A single petition filed pursuant to Subsection A of this section may include a request to expunge multiple arrest records and public records that originated within the jurisdiction of a district.
After a hearing on the petition, the court e t 17 shall issue an order within thirty days of the hearing w l n d 18 requiring that all arrest records and public records related to = = 19 the case be expunged if it finds that no other charge or a l i a e r 20 proceeding is pending against the petitioner and if the a t m m 21 petitioner was released without a conviction, including:
After a hearing on the petition, the court shall issue an order within thirty days of the hearing requiring that all arrest records and public records related to the case be expunged if it finds that no other charge or h g proceeding is pending against the petitioner and if the o t h petitioner was released without a conviction, including:
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d r e 22 (1) an acquittal or finding of not guilty;
g e i k (1) an acquittal or finding of not guilty;
c e s k 23 (2) a nolle prosequi, a no bill or other e a n b 24 dismissal;
h r i s (2) a nolle prosequi, a no bill or other h dismissal;
u [ (3) a referral to a preprosecution diversion .221065.2 - 6 - SJC/SB 2 program;
, t e u g (3) a referral to a preprosecution diversion e b l e e h program;
(4) an order of conditional discharge pursuant to Section 31-20-13 NMSA 1978;
n d d i = = o h (4) an order of conditional discharge pursuant l ] b d i a º e to Section 31-20-13 NMSA 1978;
or (5) the proceedings were otherwise discharged.
or r i = r (5) the proceedings were otherwise discharged.
[D.] F.
t e w d m a n o [D.] F.
The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts.
The court shall cause a copy of the order d m :
b e d s º o t n = .221065.2AIC March 31, 2021 (2:36pm) s k m e - 5 - e a n e d r e l u [ A d SJC/SB 2 to be delivered to all relevant law enforcement agencies and courts.
"[NEW MATERIAL] EXPUNGEMENT OF ARREST AND CONVICTION RECORDS--PROCEDURE.--If a person was charged with an offense involving cannabis that is no longer a crime on the effective date of the Cannabis Regulation Act or that would have resulted in a lesser offense if that act had been in effect at the time e t 17 of the offense, whether or not the person is convicted, all w l n d 18 public records held by a court or an agency of the state or a = = 19 local jurisdiction that relate to the person's arrest or a l i a e r 20 conviction shall be automatically expunged two years after the a t m m 21 date of the person's conviction or the date of the person's d r e 22 arrest if there was no conviction;
"[NEW MATERIAL] EXPUNGEMENT OF ARREST AND CONVICTION RECORDS--PROCEDURE.--If a person was charged with an offense involving cannabis that is no longer a crime on the effective date of the Cannabis Regulation Act or that would have resulted in a lesser offense if that act had been in effect at the time of the offense, whether or not the person is convicted, all public records held by a court or an agency of the state or a local jurisdiction that relate to the person's arrest or conviction shall be automatically expunged two years after the date of the person's conviction or the date of the person's arrest if there was no conviction;
provided that if the arrest c e s k 23 or conviction included multiple charges, only the portions of e a n b 24 the public records related to the cannabis charge shall be u [ expunged.
If the person is or was under eighteen years of age .221065.2 - 7 - SJC/SB 2 at the time of the arrest or conviction, the public records shall be retained for two years or until the person is eighteen years of age, whichever comes first, and shall then be automatically expunged;
The public records shall be removed from all statewide criminal databases." SECTION 6.
If the person is or was under eighteen years of age at the time of the arrest or conviction, the public records shall be retained for two years or until the person is eighteen h g years of age, whichever comes first, and shall then be o t h automatically expunged;
A new section of the Criminal Record Expungement Act is enacted to read:
provided that if the arrest or g e i k conviction included multiple charges, only the portions of the h r i s public records related to the cannabis charge shall be h expunged.
"[NEW MATERIAL] DISMISSAL OF SENTENCES--INCARCERATED PERSONS.-- A.
The public records shall be removed from all , t e u g statewide criminal databases.
Within thirty days following the effective date of this section, a correctional facility, a county jail or a juvenile correctional facility in which a person is currently incarcerated for an offense that is no longer a crime pursuant e t 17 to the provisions of the Cannabis Regulation Act, or that would w l n d 18 have resulted in a lesser offense if that act had been in = = 19 effect at the time of the offense, shall notify the court that a l i a e r 20 the convicted person's case may be:
Sfl1ºThe supreme court shall e b l e e h promulgate rules to implement the provisions of this n d d i = = o h section.»Sfl1 " l ] b d i a º e SECTION 6.
a t m m 21 (1) reopened to consider possible dismissal of d r e 22 the person's sentence;
A new section of the Criminal Record r i = r Expungement Act is enacted to read:
or c e s k 23 (2) expunged pursuant to the provisions of the e a n b 24 Criminal Record Expungement Act.
t e w d m a n o "[NEW MATERIAL] DISMISSAL OF SENTENCES--INCARCERATED d m :
u [ B.
b e d s º o t n = .221065.2AIC March 31, 2021 (2:36pm) s k m e - 6 - e a n e d r e l u [ A d SJC/SB 2 PERSONS.-- A.
A court shall reopen a case pursuant to .221065.2 - 8 - SJC/SB 2 Subsection A of this section and dismiss the person's sentence if it is legally invalid.
Within thirty days following the effective date of this section, a correctional facility, a county jail or a juvenile correctional facility in which a person is currently incarcerated for an offense that is no longer a crime pursuant to the provisions of the Cannabis Regulation Act, or that would have resulted in a lesser offense if that act had been in effect at the time of the offense, shall notify the court that the convicted person's case may be:
(1) reopened to consider possible dismissal of the person's sentence;
or (2) expunged pursuant to the provisions of the Criminal Record Expungement Act.
B.
A court shall reopen a case pursuant to Subsection A of this section and dismiss the person's sentence if it is legally invalid.
A person who has completed the person's sentence for a conviction, whether by trial or negotiated plea, who would not have been guilty of an offense or who would have been guilty of a lesser offense if the Cannabis Regulation Act had been in effect at the time of the offense is entitled to have the conviction dismissed and expunged because the prior conviction is now legally invalid or redesignated as a penalty assessment citation.
A person who has completed the person's sentence for a conviction, whether by trial or negotiated plea, who would not have been guilty of an offense or who would have been guilty of a lesser offense if the Cannabis Regulation Act had been in effect at the time of the offense is entitled to have the conviction dismissed and expunged because the prior h g conviction is now legally invalid or redesignated as a penalty o t h assessment citation.
D.
g e i k D.
On or before January 1, 2022, the department of public safety shall review the public records in the state criminal history databases and shall identify all past convictions that are potentially eligible for dismissal and expungement or redesignation pursuant to the Cannabis Regulation Act.
On or before January 1, 2022, the department of h r i s public safety shall review the public records in the state h criminal history databases and shall identify all past , t e u g convictions that are potentially eligible for dismissal and e b l e e h expungement or redesignation pursuant to the Cannabis n d d i = = o h Regulation Act.
The department of public safety shall notify e t 17 the corrections department, prosecutors and the public defender w l n d 18 department of all cases that are eligible for dismissal and = = 19 expungement or redesignation.
The department of public safety shall notify l ] b d i a º e the corrections department, prosecutors and Sfl1ºthe public r i = r defender department»Sfl1 Sfl1ºdefense counsel of record in the t e w d m a n o case resulting in the conviction»Sfl1 of all cases that are d m :
a l i a e r 20 E.
b e d s º o t n = .221065.2AIC March 31, 2021 (2:36pm) s k m e - 7 - e a n e d r e l u [ A d SJC/SB 2 eligible for dismissal and expungement or redesignation.
The prosecutor of the case shall have until July a t m m 21 1, 2022 to review all cases and determine whether to challenge d r e 22 the dismissal and expungement or redesignation.
E.
c e s k 23 F.
The prosecutor of the case shall have until July 1, 2022 to review all cases and determine whether to challenge the dismissal and expungement or redesignation.
The prosecutor of the case may challenge the e a n b 24 resentencing of a person pursuant to this section when the u [ person does not meet the criteria established under the .221065.2 - 9 - SJC/SB 2 Cannabis Regulation Act.
F.
The prosecutor of the case may challenge the resentencing of a person pursuant to this section when the person does not meet the criteria established under the Cannabis Regulation Act.
On or before July 1, 2022, the prosecutor of the case shall inform the court and the public defender department when the prosecutor of the case is challenging a particular dismissal and expungement or redesignation.
On or before July 1, 2022, the prosecutor of the case shall inform the court and Sfl1ºthe public defender department»Sfl1 Sfl1ºdefense counsel of record in the case resulting in the conviction»Sfl1 when the prosecutor of the case is challenging a particular dismissal and expungement or redesignation.
H.
Sfl1ºH.
The public defender department, upon receiving notice from the prosecutor of the case, shall make a reasonable effort to notify the person whose dismissal and expungement or redesignation is being challenged.
The public defender department, upon receiving notice from the prosecutor of the case, shall make a reasonable effort to notify the person whose dismissal and expungement or redesignation is being challenged.»Sfl1 Sfl1ºI.»Sfl1 Sfl1ºH.»Sfl1 If the prosecutor of the case does not challenge the dismissal and expungement or h g redesignation by July 1, 2022, the court shall notify the o t h department of public safety that the case has been dismissed.
I.
g e i k Upon notice, the department of public safety shall expunge the h r i s public record pertaining to the offense;
If the prosecutor of the case does not challenge the dismissal and expungement or redesignation by July 1, 2022, the court shall notify the department of public safety that the case has been dismissed.
provided that if the h arrest included multiple charges, only the portions of the , t e u g public records related to the cannabis charge shall be e b l e e h expunged.
Upon notice, the department of public e t 17 safety shall expunge the public record pertaining to the w l n d 18 offense;
n d d i = = o h Sfl1ºJ.»Sfl1 Sfl1ºI.»Sfl1 A person who is l ] b d i a º e currently incarcerated or who was incarcerated in the past for r i = r a cannabis offense that is no longer a crime may at any time t e w d m a n o petition to modify the person's criminal sentence or to have d m :
provided that if the arrest included multiple charges, = = 19 only the portions of the public records related to the cannabis a l i a e r 20 charge shall be expunged.
b e d s º o t n = .221065.2AIC March 31, 2021 (2:36pm) s k m e - 8 - e a n e d r e l u [ A d SJC/SB 2 the person's conviction vacated.
a t m m 21 J.
If the petition is granted, the court shall issue an order within thirty days of the granting of the petition requiring that the portions of the public records related to the cannabis offense, as well as all records of proceedings related to the petition for expungement, be expunged.
A person who is currently incarcerated or who d r e 22 was incarcerated in the past for a cannabis offense that is no c e s k 23 longer a crime may at any time petition to modify the person's e a n b 24 criminal sentence or to have the person's conviction vacated.
Sfl1ºK.»Sfl1 Sfl1ºJ.»Sfl1 Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to a person who was convicted of or incarcerated for a cannabis offense.
u [ If the petition is granted, the court shall issue an order .221065.2 - 10 - SJC/SB 2 within thirty days of the granting of the petition requiring that the portions of the public records related to the cannabis offense, as well as all records of proceedings related to the petition for expungement, be expunged.
Sfl1ºL.»Sfl1 Sfl1ºK.»Sfl1 The provisions of this section shall apply equally to juvenile delinquency adjudications and convictions of a juvenile if the juvenile would not have been guilty of an offense or would have been guilty of a lesser offense as provided in the Cannabis Regulation Act.
K.
Sfl1ºM.»Sfl1 Sfl1ºL.»Sfl1 No fee or cost of any kind shall be imposed upon a person whose sentence is reviewed pursuant to this section." SECTION 7.
Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to a person who was convicted of or incarcerated for a cannabis offense.
Section 61-1-1 NMSA 1978 (being Laws 1957, Chapter 247, Section 1, as amended) is amended to read:
L.
"61-1-1.
The provisions of this section shall apply equally to juvenile delinquency adjudications and convictions of a juvenile if the juvenile would not have been guilty of an offense or would have been guilty of a lesser offense as provided in the Cannabis Regulation Act.
SHORT TITLE.--[Sections 67-26-1 through 67-26-31 h g NMSA 1953] Chapter 61, Article 1 NMSA 1978 may be cited as the o t h "Uniform Licensing Act"." g e i k SECTION 8.
M.
A new section of the Uniform Licensing Act is h r i s enacted to read:
No fee or cost of any kind shall be imposed upon a person whose sentence is reviewed pursuant to this section." SECTION 7.
h "[NEW MATERIAL] CRIMINAL CONVICTIONS--EXCLUSION FROM , t e u g LICENSURE--DISCLOSURE REQUIREMENT.-- e b l e e h A.
Section 61-1-1 NMSA 1978 (being Laws 1957, e t 17 Chapter 247, Section 1, as amended) is amended to read:
A board shall not exclude from licensure a n d d i = = o h person who is otherwise qualified on the sole basis that the l ] b d i a º e person has been previously arrested for or convicted of a r i = r crime, unless the person has a disqualifying criminal t e w d m a n o conviction.
w l n d 18 "61-1-1.
d m :
SHORT TITLE.--[Sections 67-26-1 through 67-26-31 = = 19 NMSA 1953] Chapter 61, Article 1 NMSA 1978 may be cited as the a l i a e r 20 "Uniform Licensing Act"." a t m m 21 SECTION 8.
b e d s º o t n = .221065.2AIC March 31, 2021 (2:36pm) s k m e - 9 - e a n e d r e l u [ A d SJC/SB 2 B.
A new section of the Uniform Licensing Act is d r e 22 enacted to read:
c e s k 23 "[NEW MATERIAL] CRIMINAL CONVICTIONS--EXCLUSION FROM e a n b 24 LICENSURE--DISCLOSURE REQUIREMENT.-- u [ A.
A board shall not exclude from licensure a .221065.2 - 11 - SJC/SB 2 person who is otherwise qualified on the sole basis that the person has been previously arrested for or convicted of a crime, unless the person has a disqualifying criminal conviction.
B.
e t 17 D.
D.
No later than October 31 of each year, while w l n d 18 ensuring the confidentiality of individual applicants, a board = = 19 shall make available to the public an annual report for the a l i a e r 20 prior fiscal year containing the following information:
No later than October 31 of each year, while ensuring the confidentiality of individual applicants, a board shall make available to the public an annual report for the prior fiscal year containing the following information:
a t m m 21 (1) the number of applicants for licensure d r e 22 and, of that number, the number granted a license;
(1) the number of applicants for licensure and, of that number, the number granted a license;
c e s k 23 (2) the number of applicants for licensure or e a n b 24 license renewal with a potential disqualifying criminal u [ conviction who received notice of potential disqualification;
(2) the number of applicants for licensure or license renewal with a potential disqualifying criminal conviction who received notice of potential disqualification;
.221065.2 - 12 - SJC/SB 2 (3) the number of applicants for licensure or license renewal with a potential disqualifying criminal conviction who provided a written justification with evidence of mitigation or rehabilitation;
(3) the number of applicants for licensure or h g license renewal with a potential disqualifying criminal o t h conviction who provided a written justification with evidence g e i k of mitigation or rehabilitation;
and (4) the number of applicants for licensure or license renewal with a potential disqualifying criminal conviction who were granted a license, denied a license for any reason or denied a license because of the conviction.
and h r i s (4) the number of applicants for licensure or h license renewal with a potential disqualifying criminal , t e u g conviction who were granted a license, denied a license for any e b l e e h reason or denied a license because of the conviction.
E.
n d d i = = o h E.
As used in this section, "disqualifying criminal conviction" means a conviction for a crime that is job-related for the position in question and consistent with business necessity." - 13 - 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .221065.2
As used in this section, "disqualifying criminal l ] b d i a º e conviction" means a conviction for a crime that is job-related r i = r for the position in question and consistent with business t e w d m a n o necessity." d m :
b e d s º o t n = .221065.2AIC March 31, 2021 (2:36pm) s k m e - 10 - e a n e d r e l u [ A d
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Action History

  1. passed House

  2. Sent to House Judiciary Committee

  3. DO PASS committee report adopted

  4. passed Senate

  5. floor substitute adopted (1 amendment)

  6. DO NOT PASS, replaced with committee substitute

  7. Sent to Senate Judiciary Committee

Sponsors

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 107 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (107)

107 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 2?
SB 2 is sponsored by Martínez, Javier, Ortiz y Pino, Gerald, Katy Duhigg (Democrat), Antoinette Sedillo Lopez (Democrat), and Romero, G.A.
What is the current status of SB 2?
This bill died with 2021 Special Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2?
Track SB 2 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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