House Bill 153 (HB 153) enacts the Protect Reporters from Exploitative State Spying Act and repeals a section of law that protects journalists from disclosing sources or information.  

 House Bill 153 (HB 153) enacts the Protect Reporters from Exploitative State Spying Act (Act).  
The Act prohibits a state entity from compelling a journalist to disclose its sources or records unless a court determines that the disclosure is necessary to prevent terrorism (or identify a terrorist), or prevent a threat imminent violence, significant bodily harm or death, or certain crimes against a minor.  A state entity is an entity of the executive branch or an administrative agency of the state. 
The Act further prohibits, without a court order, a state entity from compelling a service provider (such as a telecommunications carrier, computer service, information content provider, provider of remote computing service, or provider of an electronic communication service) to provide testimony or documents stored by the provider on behalf of the journalist.  This includes a journalist’s personal account or personal technology device. The state entity must provide the journalist with notice of the subpoena to the service provider at the same time it is issued to the provider and an opportunity to be heard in court. 
A court may delay a hearing and notice to the journalist for up to 45 days (which can be extended for another 45 days) if the notice would pose a threat to the integrity of a criminal investigation or would present an imminent risk of death or serious bodily harm.  
The information that is compelled pursuant to the Act cannot be overbroad, unreasonable or oppressive and be limited to verify published information or describe circumstances relevant to the accuracy of the published information, and must be narrowly tailored in time and subject matter.  
The Act does not prevent the state from investigating a journalist or organization that is suspected of committing a crime, a witness to a crime unrelated to engaging in journalism, suspected of being an agent of a foreign power, an organization that has been designated to pose a threat to national security, a designated terrorist or a terrorist organization. 
HB 153 repeals Section 38-6-7 (providing that unless disclosure is essential to prevent injustice, no journalist or newscaster, or working associates of a journalist or newscaster, shall be required to disclose before any proceeding or authority, either the source or unpublished information obtained for a publication).  
HB 153 is effective July 1, 2025.  

 Currently, Section 38-6-7 NMSA 1978 (which HB 153 repeals) provides a similar prohibition against requiring journalists to disclose its sources or other unpublished information obtained for a publication.  That section provides that unless disclosure is essential to prevent injustice, no journalist or newscaster, or working associates of a journalist or newscaster, shall be required to disclose before any proceeding or authority, either its source or unpublished information. 

 On February 11, 2025, the House Consumer and Public Affairs Committee amended HB 153 as follows:
•	Amends the definition of “state entity” to include the legislative branch of state government.  
•	Replaces references to a judicial district in which a subpoena “is, or will be issued” with a judicial district in which a subpoena “has been issued”.  
•	Adds that any information ordered to be disclosed in proceedings to enforce a subpoena must have the same limitations as the subpoena itself. 
 

 The House Judiciary Committee Substitute for HB 153 incorporates the HCPAC amendments and clarifies from what court a state entity can request a subpoena.  It depends on whether a state entity is required by statute to apply to a court to issue a subpoena in connection with its own investigations or proceedings.