Requires state-funded colleges and universities to provide victim services, as well as prevention and training programs based on affirmative consent

Santa Fe, N.M. – Today, the House of Representatives passed legislation establishing a clear standard for affirmative consent at New Mexico colleges and universities to prevent sexual assault and harassment. The bill passed the House with a bipartisan vote of 44-17 and will now move to the Senate. 

“Affirmative consent” refers to the knowing, voluntary, and mutual decision among participants to engage in sexual or physical activity, with clear permission provided.

House Bill 43 requires all post-secondary educational institutions that receive state funds to adopt trauma-informed policies addressing affirmative consent and investigate allegations of sexual assault and harassment. This includes providing programs to help prevent sexual misconduct, training for staff responsible for investigating allegations, and health care, counseling, and other services for those who are impacted. 

“Ensuring that everyone at our higher education institutions understands the importance of clear, affirmative consent can help prevent sexual assault before it occurs,” said lead sponsor Representative Elizabeth “Liz” Thomson (D-Albuquerque). “This bill also ensures that allegations of sexual assault and misconduct will be thoroughly investigated, and victims will have access to critical health, mental, and legal services.” 

HB 43 has a total of 18 House sponsors, led by Reps. Thomson, Charlotte Little (D-Albuquerque), Andrea Romero (D-Santa Fe), Yanira Gurrola (D-Albuquerque), and Majority Floor Leader Gail Chasey (D-Albuquerque).

The Roundhouse is open to the public for the 2024 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.