Proposed Joint Resolution for a New Mexico Constitutional Amendment

A.

Members of the legislature shall retain the privileges and immunities provided in Section 13 of this Article for speech, debate, and votes cast in either house, except as provided in this section. Legislative immunity shall not extend to a legislator’s specific vote in committee to table, indefinitely postpone, or otherwise block advancement of a public safety bill without granting a full public hearing and an opportunity for floor debate.

B.

For purposes of this section, a "public safety bill" is any legislation that:

1. increases penalties for violent felonies, including but not limited to murder, aggravated battery, sexual assault, or crimes involving firearms or deadly weapons;
2. closes loopholes in pretrial release, sentencing, or parole for dangerous or repeat offenders;
3. enhances accountability for juvenile violent crime;
4. strengthens protections for victims or law enforcement; or
5. is designated as such by its sponsor and referred primarily to a committee handling consumer and public affairs, judiciary, or criminal justice matters.

C.

If a committee tables or otherwise prevents advancement of a public safety bill without granting a full public hearing and opportunity for floor debate, and a court of competent jurisdiction later determines in a civil action that a subsequent violent crime occurred that could reasonably have been deterred or mitigated by the provisions of that bill, then each legislator who cast a vote in favor of tabling or blocking the bill shall be personally liable. Liability applies only to those individual legislators who affirmatively voted to kill the bill’s progress — not to committee members who voted against tabling or who were absent.

Such liability includes loss of immunity under this constitution and state law solely for purposes of that civil action. Victims or their representatives may seek compensatory damages from those specific legislators, including for emotional distress, medical costs, lost wages, and other harms directly linked to the failure to advance the legislation.

D.

Upon entry of a final, non-appealable judgment by a court of competent jurisdiction finding one or more legislators liable under Subsection C of this section, the following consequences shall immediately apply to each legislator so adjudged:

1. The legislator shall forfeit their seat in the legislature and shall be immediately removed from office. The resulting vacancy shall be filled as provided by law.
2. The legislator shall forfeit all accrued retirement benefits, pensions, survivor benefits, health benefits, and any other post-service emoluments or privileges derived from their service in the legislature, except to the extent that federal law prohibits such forfeiture. This forfeiture shall apply regardless of years of service or vesting status under any legislative retirement plan.

E.

The legislature shall enact implementing laws to:

1. establish clear procedures for identifying and designating public safety bills;
2. require immediate public disclosure of the individual roll-call votes of each committee member on any motion to table or block such bills;
3. set standards for causation and reasonable foreseeability in civil actions under this section, including the use of expert testimony on deterrence and public safety impacts;
4. provide procedural safeguards, including a clear and convincing evidence standard, statutes of limitation, and limits on damages, to prevent frivolous suits while preserving meaningful accountability; and
5. maintain complete records of committee proceedings sufficient for judicial review.

F.

This section shall not apply to general appropriation bills or bills unrelated to core public safety functions. Nothing in this section shall impair the legislature’s authority to adopt its own rules of procedure, except as they directly conflict with the accountability measures established herein. This provision prioritizes the fundamental duty of government to protect public safety and victim rights above personal legislative privileges."