HOUSE BILL 318

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Angelica Rubio and Reena Szczepanski and Andrea Romero

and Javier Martínez and Eleanor Chávez

 

 

 

 

AN ACT

RELATING TO CIVIL ACTIONS; CREATING A CAUSE OF ACTION TO RECOVER DAMAGES FOR THE INTENTIONAL OBSTRUCTION, PREVENTION OR INFRINGEMENT OF THE EXERCISE OR ENJOYMENT OF RIGHTS, PRIVILEGES OR IMMUNITIES SECURED BY THE UNITED STATES CONSTITUTION; PROVIDING A LIMITATION ON COMMENCING THE ACTION; PROVIDING THE RULE OF PRACTICE AND DECISION FOR THE ACTION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 41 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ACTION FOR DAMAGES--OBSTRUCTION, PREVENTION OR INFRINGEMENT OF THE EXERCISE OR ENJOYMENT OF RIGHTS, PRIVILEGES OR IMMUNITIES.--

          A. As used in this section, "rights, privileges or immunities" means the individual rights, privileges and immunities secured by the United States constitution.

          B. A person whose exercise or enjoyment of rights, privileges or immunities is intentionally obstructed, prevented or infringed upon by another person through unlawful force, fraud or coercion or other unlawful means may maintain an action for damages in district court against the other person in the other person's individual capacity, regardless of whether the other person was acting under color of federal law. Such an action shall be commenced within three years from the date the action accrues.

          C. The rule of practice and decision for intentional torts in New Mexico shall apply to an action commenced pursuant to this section."

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