SANTA FE?- On July 17, 2024, Gov. Michelle Lujan Grisham readout a proclamation convening a special session of the New Mexico State Legislature on July 18, 2024, to address critical public safety concerns affecting the state.  

The governor’s call to action comes in the wake of ongoing crime and other public safety challenges that underscore the urgent need for legislative reform. 

 “Just this week, a violent felon, previously convicted of shooting a Portales police officer, struck again. This time, tragically, the victim didn’t escape with their life,” said Gov. Lujan Grisham. “This heartbreaking case highlights the necessity of immediate legislative action to help prevent such tragedies. I am open to compromise, but I need lawmakers to come to the table and work with me on behalf of New Mexicans. Together, we can make our state safer for all.” 

Governor Lujan Grisham outlined several pressing issues necessitating legislative intervention: 

- Criminal Competency: Numerous criminal defendants are released without receiving essential mental health services due to outdated competency standards. 

- Mental Health Treatment Standards: Current definitions of “danger to self” and “danger to others” are inadequate, preventing individuals with severe mental illness from receiving necessary care. 

- Crime Reporting: Inconsistent crime and ballistic reporting by local law enforcement agencies hampers effective criminal investigations. 

- Pedestrian Safety: New Mexico leads the nation in pedestrian fatalities, with many accidents involving individuals on medians. 

- Gun Violence: The state faces high rates of gun violence, often perpetrated by convicted felons. 

- Organized Crime: The rise and complexity of organized crime necessitates updates to the Racketeering Act. 

- Drug Overdoses: Hundreds of New Mexicans die from drug overdoses every year, many of which are the result of the widespread availability of fentanyl, a powerful synthetic opioid up to fifty times stronger than heroin. 

- Recent Fires: The South Fork and Salt fires have devastated communities, requiring state intervention and support. Communities affected by the Hermit’s Peak/Calf Canyon fires continue to need assistance. 

“Gun violence perpetrated by convicted felons is a pressing issue in New Mexico,” said Bernalillo County District Attorney Sam Bregman. “By increasing penalties for felons caught with firearms, we can reduce repeat offenses and enhance public safety.”  

 “The equation to solve the tragic stories of homelessness and addiction that plague NM city streets is complex and requires multiple angles of approach,” said Miguel Tittmann, IAFF Local 244 President. “We support Governor Lujan-Grisham and her agenda for this upcoming special session to bring solutions to this crisis.” 

“This is certainly a step in the right direction when it comes to protecting the citizens of this state, but it’s merely a step, and we have a long way to go,” said Shaun Willoughby, President, Albuquerque Police Officers Association. “In order for this legislation to be effective it requires a state that is committed to providing services and support for those facing mental health and substance abuse issues and that is something we have been lacking. We hope this will be a start towards funding treatment and holding individuals accountable for their crimes against our communities.” 

 “We support these efforts to make our communities safer,” Michael Richards, MD, MPA, Senior Vice President for Clinical Affairs for University of New Mexico Health Sciences Center. “Safer communities are healthier communities.” 

 “As a former state Senator, I know that special sessions can be tough, and not all the details ready in advance, but least there is chance the work can be done; that’s why I have always supported any special session that helps us face our toughest challenges head on,” said Mayor Tim Keller. “I trust that our state leaders and advocates can deliver helpful legislation for Albuquerque and all of New Mexico.” 

 “Our officers are dedicated to serving and protecting our city, yet they face increasing risks and challenges in the field,” said APD Chief of Police Harold Medina. “Support from our partners is essential to providing them with the necessary tools, training, and technology to effectively combat crime and safeguard our community.” 

 “Public safety extends beyond policing; it encompasses the readiness and resilience of our fire and emergency services,” said AFR Chief Emily Jaramillo. “Addressing the mental health needs of individuals can reduce recidivism, promote rehabilitation, and foster a safer environment for everyone, while also lessening the burden on EMTs and hospitals.” 

 “As a third branch of public safety, ACS is dedicated to a comprehensive safety strategy that integrates behavioral and mental health into our model,” said Albuquerque Community Safety Director Jodie Esquibel. “We know it is vital to offer services and to our most vulnerable populations to promote public health and wellness.”  

The Special Session Proclamation is currently being processed with the Secretary of State’s office. The Proclamation language is below. 

Proclamation Language: 

WHEREAS, a significant amount of criminal defendants have their charges dropped due to a determination of incompetency and are allowed to go free without receiving the mental health services they need to address their mental health issues and prevent future criminal activity;  

WHEREAS, the standard for imposing civil commitment or assisted outpatient treatment in New Mexico is outdated such that the definition of “danger to self” or “danger to others” creates a dangerously high bar to having someone receive the mental health treatment they need, which prevents officials and loved ones from getting those suffering from severe mental illness desperately needed care and jeopardizes community safety as a consequence; 

WHEREAS, local law enforcement agencies do not consistently report crime and ballistic information to the Department of Public Safety, which is vital to effective criminal investigations and comprehensive analysis of criminal activities across jurisdictions;  

WHEREAS, New Mexico has the nation’s highest rate of pedestrian fatalities per capita, according to the Governors Highway Safety Association, and many of these fatalities and other vehicle-pedestrian accidents occur as a result of individuals unsafely remaining on medians;  

WHEREAS, New Mexico has some of the highest rates of gun violence in the Nation, and much of this violence is perpetrated by convicted felons;  

WHEREAS, New Mexico’s Racketeering Act needs to be updated to ensure that the State can stem the rise of organized crime by effectively prosecuting those involved in criminal organizations;  

WHEREAS, hundreds of New Mexicans die from drug overdoses every year, many of which are the result of the widespread availability of fentanyl, a powerful synthetic opioid up to fifty times stronger than heroin;  

WHEREAS, communities across the State have been devastated by the South Fork and Salt Fires and other natural disasters, as noticed in Major Disaster Declaration DR-4795-NM, and continue to require aid from the federal government to address the aftermath of these natural disasters; and  

WHEREAS, it is necessary for the New Mexico State Legislature to convene at the State Capitol Building to address these pressing issues.     

NOW THEREFORE, I, Michelle Lujan Grisham, Governor of the State of New Mexico, by virtue of the authority vested in me by Article IV, Section 6 of the New Mexico Constitution, do hereby issue this proclamation and call the Fifty-Sixth Legislature of the State of New Mexico into a Special Session at twelve o’clock p.m. on Thursday July 18, 2024, at the State Capitol Building in Santa Fe.  In accordance with Article IV, Section 6, this Special Session is called for the purpose of considering and enacting legislation concerning the following objects and no others: (1) amending certain procedures and requirements relating to criminal competency laws; (2) amending the definitions of “harm to self” and “harm to others” in the Mental Health and Developmental Disabilities Code and the Assisted Outpatient Treatment Act; (3) requiring local law enforcement agencies to submit reports on crime incidents, ballistics information, and other relevant information to the Department of Public Safety on a monthly basis; (4) enacting the Unsafe Use of Public Highways and Medians Act to ensure safe use of medians and roadways by pedestrians; (5) increasing the penalties for felons and serious violent felons found in possession of a firearm; (6) amending the Racketeering Act to add various predicate offenses, expand the definition of “enterprise,” and add various crimes relating to racketeering activity; (7) increasing the basic sentence for crimes involving the possession or trafficking of fentanyl; (8) appropriating funds to Federal Emergency Management Agency (FEMA) Public Assistance eligible applicants that have been approved for FEMA public assistance funding for projects to replace or repair public infrastructure damaged by fire, flooding, or debris flows that were addressed as part of Major Disaster Declaration DR-4795-NM; and (9) appropriating funds for the expenses of the Fifty-Sixth Legislature, First Special Session, 2024.  

Attest:                         Done at the Executive Office this 17th day of July 2024.

Maggie Toulouse Oliver
Secretary of State                                                     

Witness my hand and the Great Seal of the State of New Mexico.

Michelle Lujan Grisham
Governor

2024 First Special Session Proclamation