Bill to strengthen burglary prosecutions clears Senate – Senate Bill 100 would close legal loophole 

SANTA FE – A bill that updates New Mexico’s burglary laws to give prosecutors clearer tools for holding criminals accountable passed the Senate today with bipartisan support.

Senate Bill 100, sponsored by Senators Cindy Nava, Linda M. Trujillo and Rep. Andrea Romero, closes a loophole in New Mexico’s burglary law.

A July 2018 incident illustrates the urgency of the fix and the flaw in the existing law. On the evening of July 30, 2018, a man climbed over a fence into the backyard of Robert Romero’s residence in Santa Fe and made his way onto the home’s portal—a covered porch in the backyard with furniture, open to the elements on two sides. Romero was asleep on his couch when at around 3:30 a.m. he was awakened by the intruder. Romero confronted the intruder, and a struggle ensued that ultimately resulted in the intruder shooting and killing Romero on the portal in his backyard.

In 2025, the Supreme Court reversed the intruder’s conviction, holding that the portal did not count as part of the home for purposes of the burglary statute. In a vehement dissent, Chief Justice Thompson argued that he thought a portal should be protected because its two walls and roof created a reasonable expectation of protection from an unauthorized intrusion. This bill fixes the burglary statute to clarify that a portal such as the one in the case involving the killing of Robert Romero qualifies as an extension of the dwelling.

“Public safety isn’t just about new programs or increasing sentences for offenders—it’s also about making sure our laws work the way they’re supposed to,” said Governor Michelle Lujan Grisham. “This ensures that when criminals violate the sacred space of someone’s home, prosecutors have clear statutory language to hold them accountable.”

SB 100 now heads to the House.