HOUSE BILL 91
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Greg Nibert and William “Bill” R. Rehm and Rod Montoya
AN ACT
RELATING TO CRIME; PROVIDING FOR ALTERATION OF A SENTENCE FOR AN OFFENSE COMMITTED WHILE A PERSON IS UNDER THE JURISDICTION OF A COURT, A JAIL OR THE CORRECTIONS DEPARTMENT IN CONNECTION WITH A CRIMINAL CHARGE OR CONVICTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Criminal Sentencing Act is enacted to read:
"[NEW MATERIAL] ALTERATION OF BASIC SENTENCE--OFFENSE COMMITTED WHILE A PERSON IS UNDER THE JURISDICTION OF A COURT, A JAIL OR THE CORRECTIONS DEPARTMENT.--
A. The sentence of a person convicted of a felony shall be increased by not less than two years and not more than five years if, at the time the person committed the felony, the person:
(1) was serving a period of probation or parole in connection with a previous conviction;
(2) was released from confinement in a jail or prison, whether the confinement related to the felony or a previous charge or conviction; or
(3) had escaped from confinement in a jail or prison in which the person was being held in connection with the felony or a previous charge or conviction.
B. The sentence of a person convicted of a misdemeanor for driving under the influence of intoxicating liquor or drugs pursuant to Section 66-8-102 NMSA 1978, a misdemeanor for battery against a household member pursuant to Section 30-3-15 NMSA 1978 or a misdemeanor for aggravated battery against a household member pursuant to Subsection B of Section 30-3-16 NMSA 1978 shall be increased by not less than thirty days and not more than six months if, at the time the person committed the misdemeanor, the person:
(1) was serving a period of probation or parole in connection with a previous conviction;
(2) was released from confinement in a jail or prison, whether the confinement related to the misdemeanor or a previous charge or conviction; or
(3) had escaped from confinement in a jail or prison in which the person was being held in connection with the misdemeanor or a previous charge or conviction.
C. For the purposes of Paragraph (2) of Subsection A of this section and Paragraph (2) of Subsection B of this section, "released from confinement" means that a person was released from the custody of a jail or the corrections department pending trial on charges against the person, sentencing for or an appeal of a conviction against the person or adjudication of an alleged probation or parole violation by the person, whether the person was released:
(1) on the person's own recognizance;
(2) on a secured or an unsecured bond;
(3) on furlough;
(4) on work release; or
(5) subject to court-ordered conditions of release, including participation in pre-trial services or a community corrections program.
D. A hearing shall be held in the court in which a person is convicted of a felony as provided in Subsection A or of a misdemeanor as provided in Subsection B of this section to determine whether the person's sentence should be increased. The court shall increase the person's sentence by a length of time determined by the court in accordance with Subsection A or B of this section upon a finding by a jury or the court beyond a reasonable doubt that, at the time the person committed the felony or misdemeanor, the person:
(1) was serving a period of probation or parole in connection with a previous conviction;
(2) was released from confinement in a jail or prison facility, whether the confinement related to the felony or misdemeanor or a previous charge or conviction; or
(3) had escaped from confinement in a jail or prison facility in which the person was being held in connection with the felony or misdemeanor or a previous charge or conviction.
E. If a person was convicted by:
(1) a jury, that same jury shall make the factual determination provided for in Paragraphs (1) through (3) of Subsection D of this section; or
(2) the court following a bench trial, the person retains the right to have a jury make the factual determination provided for in Paragraphs (1) through (3) of Subsection D of this section. If the person waives that right, the court shall make the factual determination.
F. A sentence imposed in accordance with this section shall not be suspended or deferred and shall not preclude any other alteration to a person's sentence in accordance with the Criminal Sentencing Act or the Hate Crimes Act."
SECTION 2. APPLICABILITY.--The provisions of this act apply only to sentences for felonies or misdemeanors committed on or after the effective date of this act.
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.
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