Bill to Prevent Sexual Assault and Misconduct Passes House

Establishes affirmative consent as the standard for consensual physical or sexual activity

Santa Fe, N.M. – House Bill 43, establishing a clear standard for affirmative consent in New Mexico schools to prevent sexual assault and harassment, passed the New Mexico House of Representatives by a 49-12 vote today. “Affirmative consent” refers to the knowing, voluntary, and mutual decision among participants to engage in sexual or physical activity, with clear permission provided.

HB 43 establishes affirmative consent as the standard for sexual activity in the public school code. It requires public schools and all post-secondary educational institutions to adopt policies and procedures addressing affirmative consent, the prevention of sexual assault, dating violence, harassment and sexual misconduct, as well as procedures for investigating reports of sexual misconduct. 

“Ensuring our schools proactively provide age-appropriate information about affirmative consent will help children of all ages learn how to recognize and stop dangerous behavior,” said lead sponsor Representative Elizabeth “Liz” Thomson (D-Albuquerque). “This bill helps to protect our kids by preventing assault and non-consensual activity before they ever occur.” 

HB 43 is sponsored by Reps. Thomson, Majority Floor Leader Gail Chasey (D-Albuquerque), Andrea Romero (D-Santa Fe), Linda Serrato (D-Santa Fe), and Majority Whip Reena Szczepanski (D-Santa Fe). 

The Roundhouse is open to the public for the 2023 session. Members of the public can also view floor sessions and committee meetings on the New Mexico Legislature’s Webcasts tab, and provide comment via phone or Zoom as directed on the daily schedule.   

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