House Bill 254: Providing Counties And Municipalities With Authority to Enact Curfew Ordinances

New Mexico
New Mexico

Last Updated: March 21, 2011
House Bill 254: Providing Counties And Municipalities With Authority to Enact Curfew Ordinances
Representative Dennis J. Kintigh

House Bill 254 would allow the governing body of any county or municipality to adopt a curfew ordinance to regulate the actions of children during either daytime or nighttime hours.

If a county or municipality wants to adopt a daytime curfew ordinance House Bill 254 would allow them to restrict the actions of any children during any school day. Under this bill, the daytime curfew could require any school-age children to be present on school premises.

Under House Bill 254, any curfew ordinance adopted by the local governing body of a county or municipality would exempt a child from the daytime curfew only when the child is:

(1) accompanied by a parent or legal guardian;
(2) accompanied by an adult who is authorized by the child's parent or legal guardian to have custody of the child;
(3) traveling interstate;
(4) going to or returning home from a school sponsored function, a civic organization-sponsored function or a religious function;
(5) going to work or returning home from work;
(6) involved in a bona fide emergency;
(7) on a public street or sidewalk in front of the child's own home or the home of a consenting adult neighbor; and
(8) exercising the child's right to freedom of speech pursuant to the provisions of Article 2, Section 17 of the Constitution of New Mexico or the First Amendment to the Constitution of the United States.

If a nighttime curfew is adopted, under House Bill 254, the ordinance must set reasonable, age-appropriate time limitations.

HSLDA's Position:

We strongly opposed curfews as violating the freedom of citizens to move about their community in lawful activities. Curfews geared at school-age children violate both their own freedoms and that of their parents.

Action Requested:
None at this time

1/31/2011     (House)     Introduced in the Health & Government Affairs Committee
2/12/2011     (House)     Hearing scheduled in Room 309 at 9:00 a.m. with the Health & Government Affairs Committee
2/14/2011     (House)     Referred to the House Judiciary Committee
2/25/2011     (House)     Judiciary Committee hearing scheduled for 1:30 p.m.
2/25/2010     (House)     Passed by Judiciary Committee
3/19/2010     (House)     Died in House

 Other Resources

Bill Text

Bill History