New Mexico Women's Justice Project

Legislation

NMWJP has worked hard to get bills introduced that target the needs of women, especially women in the criminal justice system with drug problems. We need your help to see these bills enacted. Contact NMWJP to learn more about how you can help support these bills.

Click to access: [ NMWJP LEGISLATIVE AGENDA 2011 ] [ OTHER PENDING LEGISLATION IMPORTANT TO WOMEN IN 2011 ]

NMWJP LEGISLATIVE AGENDA FOR 2011
HM (awaiting bill #) Continuation Of Female Prison Population Task Force Rep. Chasey	This memorial directs the secretary of the Department of Corrections to continue working with the HM 31 task force to implement and design effective solutions for the female population in the corrections system
HM (awaiting bill #) Requesting The New Mexico Juvenile Justice Advisory Committee To Implement Plan for Juvenile Justice Girls Sponsor: Mimi Stewart	This memorial directs the Children, Youth and Families Department to work with the Juvenile Justice Advisory Committee gender subcommittee to implement the recommendations previously submitted to the legislature by the HM 40 task force addressing the need for gender specific programming for girls
HM 13 Gender-Specific Drug Treatment Standards Sponsor: Mimi Stewart	This memorial creates a new task force to create gender specific drug treatment standards for girls and women
HM 14 Substance Abuse & Prenatal Care Task Force Sponsor: Gail Chasey	This memorial creates a new task force to implement the recommendations of SM 19 task force on pregnant substance abusing women
SB 353 Substance Abuse & Family Planning Services Sponsor: Linda M. Lopez	This bill requires substance abuse treatment programs to provide family planning services or refer patients to family planning services when requested
SB 354 Substance Abuse and Pregnant Women Services Sponsor: Linda M. Lopez	This bill prohibits drug treatment facilities from refusing to provide treatment to pregnant women
SB (awaiting bill #) Requiring Health Care Providers To Obtain Informed Consent Before Drug Testing Pregnant Women	This bill prohibits health care providers from secretly drug testing pregnant women who are suspected of using drugs. The provider must first get consent and the results must be used for treatment purposes, not for punitive purposes
SB 321 Substance Abuse and Crime Prevention Act Sponsor: Richard C. Martinez	This bill, formerly known as Alternatives to Incarceration, allows arrested people with substance abuse disorders go into treatment instead of jail or prison
SB 232 Buprenorpine Treatment for Opioid Addiction Sponsor: Bernadette M. Sanchez	This bill requires addiction treatment providers to offer office-based access to buprenorphine treatment for opioid addiction and requires HSD to ensure an adequate supply of the buprenorphine and trained primary care physicians to prescribe it
HB (awaiting bill #) Amend §30-31-23. Controlled substances; possession prohibited (A) (B) Sponsor: Maestas	This bill allows a person to receive a dismissal of the charge of possession of misd marijuana without entering a plea, thereby eliminating the risk of collateral consequences. It mandate an ACD for first MJ possession under an ounce (and the paraphernalia used to store or ingest it) and would allow ACD’s with consent of the prosecutor for subsequent marijuana charges
HB (awaiting bill #) Amend § 30-31-23. Controlled substances; possession prohibited (C) Sponsor: Maestas	This bill reduces the penalty for possession of personal use amounts of all narcotics substances on Schedule I, II, III, IV to a misdemeanor
HB (awaiting bill #) Adjournment in Contemplation of Dismissal (ACD) available for all misdemeanor offenses other than DWI’s Sponsor: Maestas	This bill allows an ACD for all misdemeanors other than DWI related charges
HB (awaiting bill #) Amend § 31-16A-3 pre-prosecution diversion program to encourage participation by individuals with a prior Sponsor: Maestas	This bill amends the pre-prosecution diversion program to eliminate prior drug convictions as a bar to participation; permits judicial review of prosecutors who challenge qualification to participate; permits judicial approval of additional conditions imposed by the prosecutor; and permits judicial review of unfavorable termination
HB (awaiting bill #) Memorial to create task force to study economic impact of MJ Tax and Regulate in NM Sponsor: Maestas	This memorial directs the Bureau of Business and Economic Development at UNM to study the economic impact of ending the war on MJ and regulating marijuana in a manner similar to tobacco and alcohol
HB (awaiting bill #) Judicial districts required to offer probation violators the opportunity to participate in a Technical Violations Program Sponsor: Maestas	This bill requires every district to create a Technical Violations Program. Currently, the rules of procedure allow a judicial district to create a Technical Violations Program. Under this program, a probation offender who provided a positive urinalysis for controlled substances, would be allowed to waive all his due process rights to contest the allegation and serve an automatic short period of incarceration (usually between 3-5 days) instead of spending weeks and sometimes months in jail awaiting a hearing on a PV
HB 311 Enact "Uniform Consequences Conviction Act" Sponsor: Joseph Cervantes	This bill addresses the collateral consequences and potential disabilities that flow from a felony conviction. It ensures that defendants are told about those consequences and allows defendants to seek relief from certain collateral consequences
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OTHER PENDING LEGISLATION IMPORTANT TO WOMEN IN 2011
NM WJP POSITION
OPPOSE Interferes with a woman’s right to choose	UNBORN VICTIMS OF VIOLENCE ACT RELATING TO CRIMINAL LAW; CREATING CRIMES AGAINST UNBORN CHILDREN; ENACTING THE UNBORN VICTIMS OF VIOLENCE ACT IN MEMORY OF LITTLE ISAAC; REPEALING AND ENACTING SECTIONS OF THE CRIMINAL CODE; PROVIDING PENALTIES
SUPPORT Health care reform	NEW MEXICO HEALTH INSURANCE EXCHANGE ACT RELATING TO HEALTH INSURANCE; ENACTING THE NEW MEXICO HEALTH INSURANCE EXCHANGE ACT
SUPPORT Health care reform	HEALTH INSURANCE MEDICAL HOME REQUIREMENTS RELATING TO HEALTH INSURANCE; AMENDING THE PUBLIC ASSISTANCE ACT TO PROVIDE THAT MEDICAID, STATE CHILDREN'S HEALTH INSURANCE PROGRAM AND STATE COVERAGE INITIATIVE PROGRAM CONTRACTS WITH MANAGED-CARE ORGANIZATIONS INCLUDE SPECIFICATIONS FOR FUNDING MEDICAL HOMES
SUPPORT Health care reform	SOCIAL SERVICES DATABASE CONTRACTS RELATING TO SOCIAL SERVICES; REQUIRING STATE AGENCIES THAT PROVIDE SOCIAL SERVICES TO CONTRACT WITH A NEW MEXICO ENTITY THAT OPERATES A STATEWIDE DATABASE OF SOCIAL SERVICES
SUPPORT Health care reform	HEALTH POLICY & FINANCE DEPT. ACT RELATING TO HEALTH AND HUMAN SERVICES POLICY; ENACTING THE HEALTH POLICY AND FINANCE DEPARTMENT ACT; CREATING THE HEALTH POLICY AND FINANCE DEPARTMENT; CHANGING THE NAME OF THE JOINT INTERIM LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE TO THE LEGISLATIVE HEALTH COMMITTEE; PROVIDING FOR STAFF TO ASSIST THE LEGISLATIVE HEALTH COMMITTEE
SUPPORT Health care reform	LEGISLATIVE HUMAN SERVICES COMMITTEE RELATING TO THE LEGISLATURE; CREATING THE INTERIM HUMAN SERVICES COMMITTEE OF THE LEGISLATURE; CHANGING THE NAME OF THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE TO THE LEGISLATIVE HEALTH COMMITTEE; PROVIDING FOR A DIRECTOR AND STAFF TO EXECUTE THE DUTIES OF THE LEGISLATIVE HEALTH COMMITTEE; CREATING AN INTERIM HUMAN SERVICES COMMITTEE
SUPPORT Protects children and reduces domestic violence	NO CORPORAL PUNISHMENT AS SCHOOL DISCIPLINE RELATING TO PUBLIC SCHOOLS; PROHIBITING CORPORAL PUNISHMENT AS A DISCIPLINARY SANCTION
OPPOSE Interferes with a woman’s right to choose	PAIN-CAPABLE UNBORN CHILD PROTECTION ACT RELATING TO ABORTION; ENACTING THE PAIN-CAPABLE UNBORN CHILD PROTECTION ACT; CREATING LIMITATIONS ON ABORTION; CREATING REPORTING REQUIREMENTS; PROVIDING CIVIL REMEDIES; PROVIDING CRIMINAL AND CIVIL PENALTIES; ESTABLISHING A LITIGATION FUND
SUPPORT Health care reform	BEHAVIORAL HEALTH PURCHASING CONTRACTS RELATING TO BEHAVIORAL HEALTH; REQUIRING THE INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE TO CONTRACT DIRECTLY WITH BEHAVIORAL HEALTH SERVICE PROVIDERS OR OPERATE BEHAVIORAL HEALTH SERVICES
SUPPORT Health care reform	PRESCRIPTION DRUG DONATIONS RELATING TO PRESCRIPTION DRUGS; PROVIDING FOR PRESCRIPTION DRUG DONATION; ENACTING A NEW SECTION OF THE NEW MEXICO DRUG, DEVICE AND COSMETIC ACT
SUPPORT Health care reform	NEW MEXICO HEALTH INSURANCE EXCHANGE ACT RELATING TO HEALTH INSURANCE; ENACTING THE NEW MEXICO HEALTH INSURANCE EXCHANGE ACT; PROVIDING FOR A BOARD OF DIRECTORS OF THE EXCHANGE; PROVIDING FOR POWERS AND DUTIES OF THE EXCHANGE; PROVIDING FOR QUALIFIED HEALTH PLAN CERTIFICATION
OPPOSE Targets victims of domestic violence & criminalizes a public health issue	REQUIRE FAMILY REPORTING OF CHILD ABUSE RELATING TO CHILD ABUSE; REQUIRING FAMILY MEMBERS TO REPORT CHILD ABUSE OR NEGLECT; AMENDING A SECTION OF THE ABUSE AND NEGLECT ACT; PROVIDING PENALTIES
OPPOSE Interferes with a woman’s right to choose	REGULATIONS FOR FETAL DEATHS AND STILLBIRTHS RELATING TO VITAL STATISTICS; REQUIRING REGISTRATION OF FETAL DEATH FOR CERTAIN SPONTANEOUS FETAL DEATHS; PROVIDING FOR CERTIFICATES OF BIRTH RESULTING IN STILLBIRTH; IMPOSING A FEE; MAKING AN APPROPRIATION
SUPPORT Helps children	EARLY CHILDHOOD CARE & EDUCATION ACT RELATING TO EARLY CHILDHOOD EDUCATION; ENACTING THE EARLY CHILDHOOD CARE AND EDUCATION ACT; CREATING THE STATE EARLY LEARNING ADVISORY COUNCIL AND SETTING FORTH ITS DUTIES; CREATING A FUND
OPPOSE Seeks to eliminate NM Commission on the Status of Women	REPEAL CERTAIN BOARDS & COMMISSIONS RELATING TO EXECUTIVE REORGANIZATION; REPEALING CERTAIN BOARDS, COMMISSIONS, COMMITTEES, COUNCILS AND SIMILAR ENTITIES
SUPPORT Protects health privacy	PROTECTION OF GENETIC INFO IN EMPLOYMENT RELATING TO EMPLOYMENT; ENACTING THE UNIFORM PROTECTION OF GENETIC INFORMATION IN EMPLOYMENT ACT; AMENDING THE GENETIC INFORMATION PRIVACY ACT
OPPOSE Criminalizes a public health issue	PROHIBIT SMOKING IN CARS WITH CHILDREN RELATING TO MOTOR VEHICLES; PROHIBITING SMOKING IN A MOTOR VEHICLE IN WHICH A YOUNG CHILD IS PRESENT; AMENDING SECTIONS OF THE DEE JOHNSON CLEAN INDOOR AIR ACT
OPPOSE Interferes with a woman’s right to choose	PROHIBIT CERTAIN LATE-TERM ABORTIONS RELATING TO HEALTH CARE; AMENDING THE PARTIAL-BIRTH ABORTION ACT TO PROHIBIT CERTAIN LATE-TERM ABORTIONS; PROVIDING FOR CIVIL REMEDIES AND PENALTIES
SUPPORT Health care reform	REMOVE BENEFIT CAPS FOR CERTAIN COVERAGES RELATING TO HEALTH INSURANCE; AMENDING CHAPTER 59A, ARTICLE 22 NMSA 1978, CHAPTER 59A, ARTICLE 23 NMSA 1978, THE HEALTH MAINTENANCE ORGANIZATION LAW AND THE NONPROFIT HEALTH CARE PLAN LAW TO REMOVE BENEFITS CAPS FOR FAMILY, INFANT, TODDLER PROGRAM COVERAGE
SUPPORT Health care reform	CONTINUE HEALTH CARE REFORM WORKING GROUP A JOINT MEMORIAL REQUESTING THE CONTINUATION OF THE HEALTH CARE REFORM WORKING GROUP CONVENED TO MAKE RECOMMENDATIONS REGARDING THE IMPLEMENTATION OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT
SUPPORT Improves Juvenile Justice System	CORINNE WOLF CHILDREN'S LAW CENTER RELATING TO CHILDREN; CREATING THE CORINNE WOLFE CHILDREN'S LAW CENTER AT THE INSTITUTE OF PUBLIC LAW TO PROVIDE EDUCATION ON CHILD WELFARE AND JUVENILE JUSTICE; CREATING THE CHILD PROTECTION EDUCATION FUND; IMPOSING A FEE; MAKING AN APPROPRIATION
OPPOSE Interferes with right to marry	MARRIAGE DEFINED, CA CONTITUIONAL AMENDMENT TO REDEFINE MARRIAGE
OPPOSE Interferes with right to marry	LIMIT RECOGNITION OF CERTAIN MARRIAGES RELATING TO DOMESTIC AFFAIRS; LIMITING THE RECOGNITION OF CERTAIN MARRIAGES AND CIVIL UNIONS ENTERED INTO OUTSIDE NEW MEXICO
OPPOSE Criminalizes a public health issue	CHILD ABUSE AS LEAVING KIDS IN CERTAIN CARS RELATING TO CRIMINAL LAW; PROVIDING THAT THE CRIME OF ABUSE OF A CHILD INCLUDES LEAVING A CHILD IN A MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCE
OPPOSE Targets women and criminalizes a public health issue	DRUG TESTING FOR UNEMPLOYMENT COMPENSATION RELATING TO UNEMPLOYMENT COMPENSATION; DENYING BENEFITS TO INDIVIDUALS WHO FAIL TO PASS A DRUG TEST
OPPOSE Targets women and criminalizes a public health issue	PUBLIC ASSISTANCE DRUG TESTING ELIGIBILITY RELATING TO PUBLIC ASSISTANCE; REQUIRING ANY APPLICANT FOR AND ANY ELIGIBLE RECIPIENT OF CERTAIN NEW MEXICO PUBLIC ASSISTANCE PROGRAMS TO SUBMIT TO DRUG TESTING AS A CONDITION OF ELIGIBILITY
SUPPORT Encourages evidence based treatment for addiction services	BUPRENORPINE TREATMENT FOR OPIOID ADDICTION RELATING TO MEDICAL ASSISTANCE; REQUIRING THAT ANY SUBSTANCE ADDICTION SERVICES THAT THE HUMAN SERVICES DEPARTMENT PROVIDES INCLUDE TIMELY OFFICE-BASED ACCESS TO OFFICE-BASED BUPRENORPHINE TREATMENT OF OPIOID ADDICTION; REQUIRING THAT COVERAGE OF OFFICE-BASED BUPRENORPHINE TREATMENT
OPPOSE Interferes with a woman’s right to choose	PARENTAL NOTIFICATION ACT RELATING TO HEALTH; ENACTING THE PARENTAL NOTIFICATION ACT; ESTABLISHING PROCEDURES WHEN CERTAIN FEMALES REQUEST AN ABORTION
OPPOSE Interferes with a woman’s right to choose	UNLAWFUL CONTACT BY ABORTION CLINIC STAFF RELATING TO HEALTH CARE; PROHIBITING ABORTION CLINIC STAFF FROM INTENTIONALLY AND REPEATEDLY CONTACTING PERSONS AGAINST THOSE PERSONS' WISHES AND WITHOUT REASONABLE JUSTIFICATION; PROVIDING FOR A PENALTY
SUPPORT Protects victims of DV	JUSTIFIED USE OF FORCE BY INDIVIDUALS RELATING TO CRIMINAL LAW; PROVIDING FOR JUSTIFIED USE OF FORCE BY AN INDIVIDUAL; PROVIDING FOR THE AWARD OF ATTORNEY FEES; PRECLUDING CRIMINAL PROSECUTION FOR CERTAIN DEFENSIVE ACTIONS
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