The Work: Changing Laws Takes Time and Persistence
10 years ago, when Rio Rancho Police Officer Greg Benner was gunned down during a traffic stop, I prosecuted Andrew Romero, the shooter, resulting in a guilty verdict and life imprisonment without the possibility of parole. While working on that case I made a vow to fight to give law enforcement officers assaulted and harmed in the line of duty, the same rights as other victims of violent crimes.
Since then, and over the course several legislative sessions and with the help of multiple sponsors, the bill has inched toward passage to secure an amendment to the Victims of Crime Act to include certain enumerated crimes against a peace officer. The process to write, sponsor and steward a bill through the legislature is a long and winding road. I brought the bill, HB 104 before the legislature again this year. At this writing we have made it through the three steps which is the furthest distance and success thus far: the Health and Public Affairs Committee (HPAC) and the House Judiciary Committee (HJC) and just hours ago as I write this, the bill passed the house. Every step forward gives me hope. I am feeling more confident that this year might be the year it is passed into law.
The Victims of Crime Act (VCA) establishes which crime victims are protected under the ACT and lists specific rights and assigns responsibilities to the courts, district attorneys and arresting or charging agency. Felony crimes against police officers are not included in the “definition” section of the VCA which means that a police officer who is a victim of Battery on a Peace Officer, Aggravated Battery on a Peace Officer, Aggravated Assault on a Peace Officer or Assault with Intent to Commit a Violent Felony on a Peace Officer, Has none of the 12 specific rights afforded to other citizens who are victims of the same criminal behavior. There is no reasonable explanation to justify the absence of these crimes from the VCA. It is unconscionable to deny the brave people who put their lives on the line every day such basic rights as the right to be notified of all court proceedings, the right to confer with the prosecution about the disposition of the case, and the right to be heard by the court on such matters as plea agreements and sentencing. The trauma, physical and emotional harm suffered by police officers while performing their duties are just as severe as for anyone else. Moreover, these crimes and the resulting negative and lasting impact affect public safety.
Someone who will attack or shoot an armed police officer will not hesitate to do the same to you or me or any of our loved ones and fellow community members. Affording police officers these rights will satisfy one of the stated purposes of the VCA−to ensure that the full impact of the crime is considered by the Court. At a time when violent crime in our state is rampant and law enforcement and recruitment and retention is at an all-time low, it only makes sense to afford our police officer these rights and let them know New Mexico has their backs just as they are entrusted with having ours.
As I said, I made a vow to see this bill through to afford the same rights to law enforcement as other victims of crime. If HB 104 is not passed into law this legislative session, I will return for the next session and the session after that until it is passed. It is my belief that it is in the interests of all, regardless of any affiliation, political or otherwise, to support this bill.
To read the bill go to https://legiscan.com/NM/bill/HB104
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