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NM SB312

Bill

Status

Introduced

2/4/2026

Primary Sponsor

Antoinette Sedillo Lopez

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Removes the legal protection that prevented failure to wear a motorcycle safety helmet from being considered contributory negligence in personal injury lawsuits

  • Repeals Section 32A-24-5 NMSA 1978 (Laws 2007, Chapter 66, Section 5) and Section 66-3-1010.4 NMSA 1978 (Laws 2005, Chapter 325, Section 12), which had prevented helmet non-use from constituting fault or limiting/apportioning damages

  • Allows courts to consider a motorcyclist's failure to wear a helmet when determining fault and calculating damage awards in accident cases

  • Maintains existing helmet requirements for riders under 18 and the autocycle exemption from helmet provisions

Legislative Description

Safety Helmets As Negligence

Last Action

SCC: Reported by committee to fall within the purview of a 30 day session

2/9/2026

Committee Referrals

Committees2/4/2026

Full Bill Text

No bill text available