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NM SB312
Bill
Status
2/4/2026
Primary Sponsor
Antoinette Sedillo Lopez
Click for details
AI Summary
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Removes the legal protection that prevented failure to wear a motorcycle safety helmet from being considered contributory negligence in personal injury lawsuits
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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
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Allows courts to consider a motorcyclist's failure to wear a helmet when determining fault and calculating damage awards in accident cases
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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