Quoted TextProposed HB 254
Sponsor: Dennis J. Kintigh
Current Location: House Health and Government Affairs Committee
to go into effect 7/1/2011
Link to the Bill -----------> http://www.nmlegis.gov/Sessions/11%20Regular/bills/house/HB0254.pdf
I know HSLDA is sending out alerts regarding this bill, I will not repeat their alerts.....read the bill for yourselves,
call your representatives directly and ask questions BE INFORMED don't let others do your thinking for you please!
I can understand why this was introduced and I can understand how it can be abused (like any other law)....will it affect homeschoolers directly?
Doubtful since the intention of the bill is to gather truants.
Teen homeschoolers could get caught up in this but I realize the intention of the bill is not necessarily how it will be enforced. It will allow each district/municipality to enforce its own curfew laws.
All I know is that I will be calling to ask my own questions.
A public hearing on the proposed bill will be held on Saturday, February 12, 2011 at 9:00 a.m. in Room 309 at the Capitol with the House Health and Government Affairs Committee.
Representative Mimi Stewart is the Chairman.
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The New Mexico Home School Community Team.
Quoted TextHB 254 Short Title: Curfew Ordinances
Sponsor(s): Representative Dennis J. Kintigh
Report House Health and Government Affairs Committee
Saturday, February 12, 2011
Result: HHGAF amended bill (as HSLDA suggested and CAPE submitted) and that was a good thing, but they ultimately passed it--not a good thing.
Status: It will now go to the Judiciary Committee.
We checked and it's not scheduled yet. As soon as it is scheduled, we will ask for calls and emails.
Here is the breakdown of votes:
Title Name Position Vote
Representative Mimi Stewart Chair No
Representative Nick L. Salazar Vice Chair Absent
Representative Alonzo Baldonado Member Yes
Representative Eleanor Chavez Member No
Representative Yvette Herrell Member Yes
Representative Terry H. McMillan Member Yes
Representative Luciano "Lucky" Varela Member Absent
Representative Jeannette O. Wallace Member Absent
Bill Summary: Allows counties and municipalities to establish curfews for minors, both nighttime and daytime curfews.
Previously, the state Supreme Court has found them unconstitutional, pre-empting the Children's Code.
Arguments and responses:
Rep. Kintigh introduced this bill at the request of the Roswell City Council; he was formerly the police chief.
His hope is that it will reduce juvenile crime, and especially crime against juveniles. He wants to protect children.
§ Most crime against juveniles occurs between 3:00 and 6:00 pm; a time period not covered by school hour curfews.
§ There is no consistent evidence that curfews reduce crime rates.
§ Most municipalities do not have areas to allow youth to wait for parents, other than foster homes, detention facilities, or jail. If the parents are unavailable, what will they do with the children?
§ Kids and parents will spend more time in court proving they were not violating curfew...students won't be in school, parents won't be at work or supervising their other children, police will be in court and not on the streets.
§ Curfews are a clear violation of a parent's right to parent.
They criminalize young people for looking young and being visible.
§ While criminals are hiding in alleys or ducking down in cars, it is the private, charter, alternative, dual enrollment, and home schooled children who will be stopped, interrogated, and forced to prove they have permission to be out in public.
§ CAPE's offer of amendment language was not a fix for the bill. It only made it slightly less awful.
§ CAPE acknowledges that Rep. Kintigh tried to make provision to keep innocent students from being convicted of curfew violations,
but that would not keep those students from being stopped, interrogated, delayed, and embarrassed by police officers who are supposed to be fighting crime,
not stopping young people without any reasonable suspicion of criminal activity other than being outside.
Committee Member Terry McMillan: "I guess it's not a bad trade-off to hassle a few innocent kids to save a few lives."
Committee Member Alonzo Baldonado: "I guess we have to look at protecting children vs. the constitutionality of the law. Maybe the Judiciary Committee needs to decide."
For a great list of arguments against daytime curfews, email firstname.lastname@example.org and we will reply with an attachment compiled by Home School Legal Defense Association.