Cates conversion device bill passed by governor in crime package

SANTA FE — As part of the crime and behavioral health package, Gov. Michelle Lujan Grisham signed a bill that was co-sponsored by New Mexico House District 44 Rep. Kathleen Cates into law Feb. 27.

Cates is one of five Democrats who sponsored the bill. The new law has sparked controversy in House and Senate settings, but the governor was glad to sign it.

“These bills represent a significant milestone for both behavioral health services and criminal justice reform in New Mexico,” Lujan Grisham said as she was joined by lawmakers, public safety officials and community members during a bill signing ceremony at the Roundhouse. “By strengthening our criminal justice system and investing in behavioral health, we’re taking decisive action to address the root causes of crime while ensuring accountability.”

According to a release from the governor’s office, HB 8 is a comprehensive public safety package addressing multiple areas of concern. Cates’ part focused on gun safety and juveniles.

“So mine is weapons conversion. The nickname for that is a Glock switch. It’s piece of plastic you can make with a 3-D printer. It’s a very, very cheap,” Cates said.

A Glock switch turns a semi-automatic weapon into an automatic one. Federal law enforcement consider the conversion to be a machine gun, and the penalty can be 10 years in prison with hefty fines. The Glock switches have been popping up all over the country with usage increasing since 2022.

Cates said the conversion has been a federal crime for decades but because of limited resources, many who break the law go unpunished. Her addition to HB 8 makes it possible for state law enforcement agencies to do something about it.

“We have an epidemic amount of them, so much that the federal authorities often do not charge on it, not because they don’t believe in it, just because there’s so many of them and the feds have limited resources,” she said.

Cates also says the bill was widely supported by police chiefs across the state, including Rio Rancho’s own Chief Stewart Steele.

“I’m not often impressed here, but HB 8 was a privilege to be a part of,” she said.

One of the larger topics included in the bill was criminal competency reform. The governor’s release states it addresses more than 18,000 criminal charges dismissed since 2017 due to competency issues by creating a community-based restoration program for nonviolent offenders and requiring secure facility commitment for violent, incompetent defendants. When it was presented, it received backlash outside of the Roundhouse committees, but public comment on the bill was empty.

The second section on guns regards shooting threats. The release states it elevates the penalty for threatening to shoot a person, group or public space from a misdemeanor to a fourth-degree felony, allowing courts to order restitution for economic harm caused by threats.

Another impactful part deals with fentanyl trafficking, which has increased by more than 200% since 2019, according to the United States Sentencing Commission. The release states the law establishes graduated penalties for trafficking based on quantity, with specific enhancements for larger amounts and for those organizing trafficking operations.

The bill also includes increased penalties for car theft and now permits warrant-based blood draws for misdemeanor investigations and expands testing beyond alcohol to include other drugs.

“While today marks significant progress, our work on public safety in this session is not done,” said Lujan Grisham. “I urge New Mexicans to contact their legislators and ask them to send additional public safety bills —including measures addressing felons with firearms, pretrial detention reform, and juvenile code amendments — to my desk before they adjourn.”