HOUSE BILL 73

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Andrea Reeb

 

 

 

 

 

AN ACT

RELATING TO CRIMINAL SENTENCING; PROVIDING THAT A COURT MAY DEFER OR SUSPEND NO MORE THAN TWO-THIRDS OF THE BASIC SENTENCE FOR A CONVICTION OF A SECOND OR THIRD DEGREE FELONY OFFENSE IF THE DEFENDANT WAS PREVIOUSLY CONVICTED OF ANY FELONY OFFENSE; MAKING CONFORMING AMENDMENTS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 31-20-3 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-15, as amended) is amended to read:

     "31-20-3. ORDER DEFERRING OR SUSPENDING SENTENCE--DIAGNOSTIC COMMITMENT.--

          A. Except as provided in Subsection B of this section, upon [entry of] entering a judgment of conviction of any crime not constituting a capital or first degree felony, [any] a court [having jurisdiction when it is] satisfied that the ends of justice and the best [interest] interests of the public [as well as] and the defendant will be served [thereby] may either:

                [A.] (1) enter an order deferring the imposition of the basic sentence;

                [B.] (2) sentence the defendant and enter an order suspending in whole or in part the execution of the basic sentence; or

                [C.] (3) commit the convicted person, if convicted of a felony and not committed for diagnostic purposes within the twelve-month period immediately preceding that conviction, to the [department of] corrections department for an indeterminate period not to exceed sixty days for purposes of diagnosis, with direction that the court be given a report when the diagnosis is complete as to what disposition appears best when the [interest] interests of the public and the individual are evaluated.

          B. Upon entering a judgment of conviction of a second or third degree felony offense for a defendant who was previously convicted of any felony offense, a court satisfied that the ends of justice and the best interests of the public and the defendant will be served may enter an order deferring the imposition or suspending the execution of no more than two-thirds of the basic sentence for that second or third degree felony offense; provided that the court may otherwise alter the basic sentence based on mitigating or aggravating circumstances as provided by law."

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