SB35 revises New Mexico’s criminal statutes governing firearm offenses involving motor vehicles. The bill separates “shooting at a motor vehicle” from “shooting from a motor vehicle” and makes shooting at a motor vehicle a distinct second-degree felony. It also adjusts the grading of the existing offense of shooting from a motor vehicle, lowering the threshold for the highest penalty by tying it to injury rather than great bodily harm, and it updates related references throughout the criminal code and motor vehicle code to reflect the new offense structure.
In addition to the core criminal changes, the bill amends forfeiture and driver’s license revocation provisions so that vehicles used in either shooting offense may be seized and forfeited, and convictions for either offense, including attempts or conspiracies, trigger mandatory license revocation. It also updates the state’s violent felony definition and mandatory life sentencing statute so that shooting at or from a motor vehicle remains a qualifying violent felony only in the circumstances specified by the revised law. Law enforcement officers acting lawfully remain exempt from the statute.
Impact
SB35 would change how New Mexico classifies and punishes firearm discharges involving vehicles by creating a separate offense for shooting at a motor vehicle and revising the penalties for shooting from a motor vehicle. It would amend multiple sections of the New Mexico Statutes Annotated, including the criminal code, forfeiture law, driver’s license revocation law, and the Criminal Sentencing Act, to align cross-references with the new offense structure. The bill would also preserve and extend collateral consequences such as vehicle forfeiture and mandatory license revocation for convictions, attempts, and conspiracies related to these offenses.
Sentiment
Based on the bill text and the absence of committee transcripts or recorded votes, the available context suggests a straightforward public-safety measure focused on violent crime enforcement rather than a contested policy overhaul. The caption and drafting indicate an intent to clarify and strengthen penalties for drive-by shooting-related conduct. Because no discussion or vote history is provided, there is no documented evidence of support or opposition in the supplied materials, but the bill’s structure suggests it is aimed at broadening prosecutorial clarity and deterrence.
Contention
The main policy issue appears to be how to distinguish between shooting at a vehicle and shooting from a vehicle, and whether the former should be punished more severely as a separate second-degree felony. Another likely point of contention is the bill’s collateral consequences: vehicle forfeiture, mandatory driver’s license revocation, and the use of these offenses as violent felonies for sentencing enhancement purposes. Those provisions could raise concerns about proportionality, sentencing severity, and the breadth of penalties applied to related conduct such as attempts and conspiracies.