New Mexico 2026 Regular Session Status: In Committee 3 D cosponsors

HB 151 — CHILDHOOD SEXUAL ABUSE STATUTE OF LIMITATIONS

Last action — action postponed indefinitely

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

This bill is in committee in the House. Introduced January 26, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 20% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

327 added · 44 removed

Plain-language change summary

The recent amendments to Bill HB 151 introduce the concept of the "Survivors' Justice and Compensation Fund," allowing victims of childhood sexual abuse to submit claims for compensation if their abuse was connected to public employees or negligence by public bodies. Importantly, the deadline for filing these claims has been set to June 30, 2029, giving survivors more time to seek justice. This change is significant as it provides a structured process for survivors, promotes accountability among public entities, and aims to assist those who have suffered from past abuses.

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HOUSE BILL 151 57TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2026 INTRODUCED BY Marianna Anaya and Mimi Stewart and Elizabeth "Liz" Thomson 6 8 10 AN ACT RELATING TO LIMITATIONS ON CIVIL ACTIONS BASED ON CHILDHOOD SEXUAL ABUSE;
HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 151 57TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2026 4 6 8 10 AN ACT RELATING TO LIMITATIONS ON CIVIL ACTIONS BASED ON CHILDHOOD SEXUAL ABUSE;
PROVIDING e t 17 THAT ACTIONS BASED ON CHILDHOOD SEXUAL ABUSE THAT ARE BARRED ON w l n d 18 OR BEFORE JULY 1, 2026 ARE RETROACTIVELY REVIVED AND THAT THOSE = = 19 a l ACTIONS MAY BE COMMENCED NO LATER THAN JUNE 30, 2029.
PROVIDING e t 17 THAT ACTIONS BASED ON CHILDHOOD SEXUAL ABUSE THAT ARE BARRED ON w l n d 18 OR BEFORE JULY 1, 2026 ARE RETROACTIVELY REVIVED AND THAT THOSE = = 19 a l ACTIONS MAY BE COMMENCED NO LATER THAN JUNE 30, 2029 IF THE i a e r 20 ACTIONS ARE ONLY AGAINST A PERSON;
i a e r 20 a t m m 21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
CREATING THE SURVIVORS' a t m m 21 JUSTICE AND COMPENSATION FUND AND THE SURVIVORS' JUSTICE AND d r e 22 COMPENSATION COMMISSION;
d r e 22 SECTION 1.
PROVIDING FOR A PERSON TO SUBMIT A c e s k 23 CLAIM FOR COMPENSATION IF THE PERSON SUFFERED CHILDHOOD SEXUAL e a n b 24 ABUSE DUE TO AN ACT BY A PUBLIC EMPLOYEE OR BY THE NEGLIGENCE u [ OF A PUBLIC BODY;
Section 37-1-30 NMSA 1978 (being Laws 1993, c e s k 23 Chapter 136, Section 1, as amended) is amended to read:
PROVIDING LIMITATIONS;
e a n b 24 "37-1-30.
PROVIDING A PROCESS .233890.2 HJC/HB 151 FOR SUBMITTING CLAIMS;
ACTION FOR DAMAGES DUE TO CHILDHOOD SEXUAL u [ ABUSE--LIMITATION ON ACTIONS.-- .232620.1 A.
REQUIRING A HEARING ON CERTAIN CLAIMS;
ASSIGNING POWERS AND DUTIES;
MAKING APPROPRIATIONS.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
Section 37-1-30 NMSA 1978 (being Laws 1993, Chapter 136, Section 1, as amended) is amended to read:
"37-1-30.
ACTION FOR DAMAGES DUE TO CHILDHOOD SEXUAL ABUSE--LIMITATION ON ACTIONS.-- A.
or (2) three years from the date that a person first disclosed the person's childhood sexual abuse to a licensed medical or mental health care provider in the context of receiving health care from the provider.
or (2) three years from the date that a person first disclosed the person's childhood sexual abuse to a licensed medical or mental health care provider in the context e t 17 of receiving health care from the provider.
B.
w l n d 18 B.
As used in this section, "childhood sexual abuse" means conduct that, if prosecuted in a criminal matter, would constitute a violation of:
As used in this section, "childhood sexual = = 19 abuse" means conduct that, if prosecuted in a criminal matter, a l i a e r 20 would constitute a violation of:
(1) Section 30-9-11 NMSA 1978, regarding criminal sexual penetration of a minor;
a t m m 21 (1) Section 30-9-11 NMSA 1978, regarding d r e 22 criminal sexual penetration of a minor;
(2) Section 30-9-13 NMSA 1978, regarding criminal sexual contact of a minor;
c e s k 23 (2) Section 30-9-13 NMSA 1978, regarding e a n b 24 criminal sexual contact of a minor;
or e t 17 (3) the Sexual Exploitation of Children Act.
or u [ (3) the Sexual Exploitation of Children Act.
w l n d 18 [C.
.233890.2 - 2 - HJC/HB 151 [C.
The provisions of Section 37-1-8 NMSA 1978 and = = 19 a l any statutes of limitation therein shall not apply to causes of i a e r 20 action for childhood sexual abuse.] a t m m 21 C.
The provisions of Section 37-1-8 NMSA 1978 and any statutes of limitation therein shall not apply to causes of action for childhood sexual abuse.] C.
The limitation provided in Subsection A of this d r e 22 section is the only statutory time or procedural limitation on c e s k 23 commencing an accrued action for damages based on personal e a n b 24 injury caused by childhood sexual abuse, regardless of whether u [ the action is against a private person or public entity.
The limitation provided in Subsection A of this section is the only statutory time or procedural limitation on commencing an accrued action for damages based on personal injury caused by childhood sexual abuse, regardless of whether the action is against the state, a political subdivision of the state or a person.
.232620.1 - 2 - D.
D.
An action for damages based on personal injury caused by childhood sexual abuse that is barred on or before July 1, 2026 due to a statutory time or procedural limitation is retroactively revived and may be commenced no later than June 30, 2029." SECTION 2.
An action for damages based on personal injury caused by childhood sexual abuse that is barred on or before July 1, 2026 due to a statutory time or procedural limitation is retroactively revived and may be commenced no later than June 30, 2029 if the action is only against a person, including a person who is an employee of the state or a political subdivision of the state in that person's individual capacity.
e t 17 Such an action against the state or a political subdivision of w l n d 18 the state is not revived;
provided that, in lieu of the action, = = 19 a person may seek relief in accordance with Section 2 of this a l i a e r 20 2026 act." a t m m 21 SECTION 2.
[NEW MATERIAL] SURVIVORS' JUSTICE AND d r e 22 COMPENSATION FUND--ADMINISTRATION--CLAIMS--LIMITATIONS.-- c e s k 23 A.
As used in this section:
e a n b 24 (1) "childhood sexual abuse" means conduct u [ that, if prosecuted in a criminal matter, would constitute a .233890.2 - 3 - HJC/HB 151 violation of:
(a) Section 30-9-11 NMSA 1978, regarding criminal sexual penetration of a minor;
(b) Section 30-9-13 NMSA 1978, regarding criminal sexual contact of a minor;
or (c) the Sexual Exploitation of Children Act;
(2) "claimant" means a person who submitted a timely claim against the fund;
(3) "commission" means the survivors' justice and compensation commission;
(4) "director" means the director of the risk management division of the general services department;
(5) "fund" means the survivors' justice and compensation fund;
and (6) "public body" means a state or local e t 17 government, an advisory board, a commission, an agency or an w l n d 18 entity created by the constitution of New Mexico or any branch = = 19 of government that receives public funding, including political a l i a e r 20 subdivisions, special tax districts, school districts and a t m m 21 institutions of higher education, but does not mean an acequia d r e 22 or a community ditch, a soil and water conservation district, a c e s k 23 land grant-merced, a mutual domestic water consumers e a n b 24 association or other association organized pursuant to the u [ Sanitary Projects Act or a water users' association.
.233890.2 - 4 - HJC/HB 151 B.
The "survivors' justice and compensation fund" is created as a nonreverting fund in the state treasury.
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The fund consists of appropriations to the fund and other money deposited to the credit of the fund.
Money in the fund is appropriated to the risk management division of the general services department to pay compensation to persons who substantiate claims made against the fund and as otherwise provided in this section.
Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of general services or the secretary's authorized representative.
C.
The "survivors' justice and compensation commission" is created as an independent commission.
The commission consists of:
(1) five voting members appointed as follows:
(a) one voting member, appointed by the e t 17 speaker of the house of representatives, shall be a person who w l n d 18 is a licensed psychiatrist, psychologist or behavioral health = = 19 professional with expertise in posttraumatic stress disorder or a l i a e r 20 related mental disorders and actively treats survivors of a t m m 21 childhood sexual abuse as part of the person's clinical d r e 22 practice;
c e s k 23 (b) one voting member, appointed by the e a n b 24 speaker of the house of representatives, shall be a sexual u [ assault nurse examiner licensed by the board of nursing or .233890.2 - 5 - HJC/HB 151 other licensed health care provider with expertise in providing medical and forensic services to victims of sexual crimes;
(c) one voting member, appointed by the president pro tempore of the senate, shall be a person who represents an organization based in New Mexico that provides services to victims of childhood sexual abuse;
(d) one voting member, appointed by the president pro tempore of the senate, shall be a retired judge or justice who is a licensed attorney in good standing with the state bar of New Mexico;
and (e) one voting member, appointed by the governor, shall be a person who is a survivor advocate;
and (2) the following ex-officio advisory members:
(a) the attorney general or the attorney general's designee, who shall provide the commission with objective and impartial assistance as to the law and the e t 17 evaluation of evidence;
and w l n d 18 (b) the director or the director's = = 19 designee, who shall assist the commission in determining the a l i a e r 20 amount of compensation for a substantiated claim and in a t m m 21 considering the solvency of the fund.
d r e 22 D.
The commission shall elect a chair no later than c e s k 23 thirty days from the date all members are appointed.
Once the e a n b 24 commission is appointed, the commission is vested with all u [ powers necessary to conduct hearings, including the powers to .233890.2 - 6 - HJC/HB 151 compel the attendance of witnesses, administer oaths and issue subpoenas.
Process for the commission shall be issued by the chair upon majority vote of all voting members by July 1, 2027.
Witnesses compelled to attend a hearing are entitled to reimbursement for per diem and mileage at the rate specified for nonsalaried public officers in accordance with the Per Diem and Mileage Act.
Per diem and mileage reimbursement for a witness compelled to attend a hearing by the commission shall be paid from the fund.
E.
Each voting member shall upon appointment take and subscribe to an oath or affirmation that the member will support the constitution of the United States and the constitution and laws of the state and that the member will faithfully and impartially discharge the duties of the member's position to the best of the member's abilities.
Voting members are entitled to reimbursement for per diem and mileage in e t 17 accordance with the Per Diem and Mileage Act and shall receive w l n d 18 no other compensation, perquisite or allowance for service on = = 19 the commission.
Per diem and mileage reimbursement for members a l i a e r 20 of the commission shall be paid from the fund.
The commission a t m m 21 shall function until all timely claims made against the fund d r e 22 are disposed.
An appointed voting member shall hold that c e s k 23 member's appointment for a term of five years.
A vacancy on e a n b 24 the commission shall be filled by the original appointing u [ authority.
.233890.2 - 7 - HJC/HB 151 F.
A person alleging to have suffered from childhood sexual abuse caused by an act of a public employee or by the negligence of a public body is eligible to submit a claim against the fund if:
(1) the childhood sexual abuse occurred before July 1, 2026;
(2) the person has not received any remedy for the childhood sexual abuse pursuant to a civil judgment or settlement;
and (3) as of July 1, 2026, the person is time barred from commencing a civil action for personal injury caused by the childhood sexual abuse.
G.
A claimant who submits a claim against the fund shall have the burden to prove by a preponderance of the evidence that the claimant sustained personal injury from childhood sexual abuse caused by an act of a public employee or e t 17 by the negligence of a public body.
w l n d 18 H.
A claim against the fund shall be submitted to = = 19 the director on or before June 30, 2030.
The director shall:
a l i a e r 20 (1) begin accepting claims on July 1, 2027;
a t m m 21 (2) determine the form and manner for claims d r e 22 to be submitted;
c e s k 23 (3) facilitate the commission's review of each e a n b 24 claim submitted;
and u [ (4) provide staff for the commission.
.233890.2 - 8 - HJC/HB 151 I.
The commission shall conduct a preliminary review of a claim within ninety days from the date the claim is submitted to ascertain whether a claimant has alleged personal injury from childhood sexual abuse caused by an act of a public employee or by the negligence of a public body.
If the commission determines upon preliminary review that a claimant has alleged personal injury from childhood sexual abuse caused by an act of a public employee or by the negligence of a public body, the commission shall hold a hearing on the claim.
If the commission determines upon preliminary review that a claimant has not alleged any personal injury from childhood sexual abuse caused by an act of a public employee or by the negligence of a public body, the commission shall give notice to the claimant of the basis for the commission's determination and allow the claimant to provide additional information within ninety days from the date of the notice.
If the claimant fails to provide e t 17 additional information, the commission may issue an order w l n d 18 dismissing the claim.
= = 19 J.
A hearing on a claim shall be conducted pursuant a l i a e r 20 to commission-adopted procedures that are uniform and provide a t m m 21 for the ascertainment of truth and a just determination.
The d r e 22 commission shall give the claimant one hundred twenty days' c e s k 23 notice of witnesses identified by the commission before the e a n b 24 hearing.
The claimant shall have sixty days to add witnesses u [ and to object to any witnesses identified by the commission.
.233890.2 - 9 - HJC/HB 151 The commission shall not seek or consider any evidence regarding the claimant's sexual behavior or the claimant's sexual predisposition.
K.
The commission shall, upon request, make reasonable accommodations to prevent the claimant's mental anguish.
The claimant shall have the right to pick the order of witnesses and to question witnesses.
If applicable, the claimant's attorney or non-attorney advocate may attend and participate in the hearing by giving an opening statement, questioning witnesses and giving a closing statement.
A hearing shall be completed within three hundred sixty-five days from the date the claim is filed;
provided that this time may be extended by the commission with the claimant's consent.
Within ninety days after a hearing is completed, the commission shall issue an order with written findings of fact and conclusions as to whether the claimant met the burden of proof e t 17 for the claim.
w l n d 18 L.
If a claimant meets the burden of proof for a = = 19 claim, the commission shall determine the compensation to which a l i a e r 20 the claimant is entitled and issue an order for compensation a t m m 21 from the fund.
The maximum compensation payable to a claimant d r e 22 is seven hundred thousand dollars ($700,000).
In determining c e s k 23 the compensation for a claimant, the commission shall consider e a n b 24 and make written findings as part of the commission's order as u [ to the following factors:
.233890.2 - 10 - HJC/HB 151 (1) the nature and severity of the childhood sexual abuse;
(2) the claimant's pain and suffering as well as the psychological impact of the abuse on the claimant;
(3) the economic and social impact of the abuse on the claimant;
(4) the circumstances of the abuse and the response of the public body;
(5) the nature of the evidence presented;
(6) the total number of claims currently pending before the commission, any evidence submitted to the commission regarding those claims and the funds available to the commission to compensate those claimants;
and (7) any other factor relevant to the commission's determination.
M.
A claimant aggrieved by any order of the e t 17 commission shall have a statutory right of review to the w l n d 18 district court pursuant to Section 39-3-1.1 NMSA 1978.
= = 19 N.
A claimant's acceptance of compensation from the a l i a e r 20 fund constitutes a waiver of any civil claim the claimant may a t m m 21 have against any public body arising from the childhood sexual d r e 22 abuse that gave rise to the claim.
Nothing in this section c e s k 23 shall be construed to waive, limit or impair civil or criminal e a n b 24 claims against a private person that arise from the childhood u [ sexual abuse that gave rise to the claim.
.233890.2 - 11 - HJC/HB 151 O.
Records created and maintained pursuant to this section are not public records, and the names and identifying information of persons in the record, including the claimant, shall be confidential.
The hearings of the commission shall be considered deliberations of a public body in connection with an administrative adjudicatory proceeding for the purposes of the Open Meetings Act.
P.
At the advice of the attorney general or the attorney general's designee, the commission shall refer suspected crimes to the district attorney of the relevant judicial district.
Q.
The commission shall provide an annual report to the governor and the legislature each year the commission functions.
The report shall include information about the number of claims submitted, reviewed and disposed, the manner of the dispositions, a list of the public bodies implicated in e t 17 the claims and the number of claims submitted against each w l n d 18 public body listed and the amount of compensation paid to = = 19 claimants.
The report shall also include the number of pending a l i a e r 20 claims that have been submitted to the commission but not yet a t m m 21 compensated by the commission and an analysis of any additional d r e 22 appropriations the commission requires to fairly compensate the c e s k 23 remaining claimants.
e a n b 24 SECTION 3.
APPROPRIATION.--Twenty-five million dollars u [ ($25,000,000) is appropriated from the general fund to the .233890.2 - 12 - HJC/HB 151 survivors' justice and compensation fund for expenditure in fiscal year 2027 and subsequent fiscal years for the purposes of the fund.
Any unexpended balance remaining at the end of a fiscal year shall not revert to the general fund.
SECTION 4.
- 3 - 10 12 14 16 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 [ .232620.1
- 13 - 9 11 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 [ .233890.2
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Action History

  1. action postponed indefinitely

  2. DO NOT PASS, replaced with committee substitute

  3. referred to House Judiciary Committee & House Appropriations & Finance Committee

  4. Sent to House Health & Human Services Committee & House Judiciary Committee

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 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.

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Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors HB 151?
HB 151 is sponsored by Elizabeth "Liz" Thomson (Democrat), Mimi Stewart (Democrat), and Marianna Anaya (Democrat).
What is the current status of HB 151?
This bill is in committee in the House. Introduced January 26, 2026. It must pass committee before a floor vote.
Where can I track HB 151?
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