0001|                         HOUSE BILL 330
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                           TED HOBBS
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0006|     
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0007|                                
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0008|     
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0009|     
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0010|     
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0011|                             AN ACT
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0012|     RELATING TO JUVENILE CRIMES; LOWERING THE AGE FOR ADJUDICATION
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0013|     OF A CHILD AS A SERIOUS YOUTHFUL OFFENDER OR AS A YOUTHFUL
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0014|     OFFENDER; AUTHORIZING CERTAIN CHILDREN'S COURT ADJUDICATIONS TO
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0015|     BE CONSIDERED PRIOR FELONY CONVICTIONS FOR SENTENCING PURPOSES;
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0016|     AMENDING CERTAIN SECTIONS OF THE NMSA 1978.
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0017|     
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0018|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019|       Section 1.  Section 31-18-15.2 NMSA 1978 (being Laws 1993,
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0020|     Chapter 77, Section 1, as amended) is amended to read:
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0021|       "31-18-15.2.  DEFINITIONS.--As used in the Criminal
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0022|     Sentencing Act:
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0023|            A.  "serious youthful offender" means an individual
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0024|     <s>[sixteen or seventeen]</s> <u>fourteen to eighteen</u> years of age who
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0025|     is charged with and indicted or bound over for trial for first
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0001|     degree murder; and 
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0002|            B.  "youthful offender" means a delinquent child
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0003|     subject to adult or juvenile sanctions who is:
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0004|                 (1) <s>[fifteen]</s> <u>thirteen</u> to eighteen years of
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0005|     age at the time of the offense and who is adjudicated for at
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0006|     least one of the following offenses:
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0007|                      (a)  second degree murder, as provided in
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0008|     Section 30-2-1 NMSA 1978;
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0009|                      (b)  assault with intent to commit a
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0010|     violent felony, as provided in Section 30-3-3 NMSA 1978;
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0011|                      (c)  kidnapping, as provided in Section
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0012|     30-4-1 NMSA 1978;
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0013|                      (d)  aggravated battery, as provided in
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0014|     Subsection C of Section 30-3-5 NMSA 1978;
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0015|                      (e)  aggravated battery upon a peace
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0016|     officer, as provided in Subsection C of Section 30-22-25 NMSA
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0017|     1978;
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0018|                      (f)  shooting at a dwelling or occupied
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0019|     building or shooting at or from a motor vehicle, which results
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0020|     in great bodily harm to another person, as provided in Section
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0021|     30-3-8 NMSA 1978; 
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0022|                      (g)  dangerous use of explosives, as
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0023|     provided in Section 30-7-5 NMSA 1978;
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0024|                      (h)  criminal sexual penetration, as
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0025|     provided in Section 30-9-11 NMSA 1978;
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0001|                      (i)  robbery, as provided in Section
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0002|     30-16-2 NMSA 1978;
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0003|                      (j)  aggravated burglary, as provided in
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0004|     Section 30-16-4 NMSA 1978; or
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0005|                      (k)  aggravated arson, as provided in
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0006|     Section 30-17-6 NMSA 1978;
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0007|                 (2) <s>[fifteen]</s> <u>thirteen</u> to eighteen years of
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0008|     age at the time of the offense and adjudicated for any felony
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0009|     offense and who has had three prior, separate felony
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0010|     adjudications within a two-year time period immediately
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0011|     preceding the instant offense.  The felony adjudications relied
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0012|     upon as prior adjudications shall not have arisen out of the
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0013|     same transaction or occurrence or series of events related in
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0014|     time and location.  Successful completion of consent decrees is
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0015|     not considered a prior adjudication for the purposes of this
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0016|     paragraph; or
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0017|                 (3) <s>[fifteen]</s> <u>thirteen</u> years of age and
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0018|     adjudicated for first degree murder, as provided in Section
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0019|     30-2-1 NMSA 1978."
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0020|       Section 2.  Section 31-18-17 NMSA 1978 (being Laws 1977,
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0021|     Chapter 216, Section 6, as amended by Laws 1993, Chapter 77,
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0022|     Section 9 and also by Laws 1993, Chapter 283, Section 1) is
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0023|     amended to read:
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0024|       "31-18-17.  HABITUAL OFFENDERS--ALTERATION OF BASIC
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0025|     SENTENCE.--
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0001|            A.  For the purposes of this section, "prior felony
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0002|     conviction" means:
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0003|                 (1)  a conviction for a prior felony committed
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0004|     within New Mexico whether within the Criminal Code or not;
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0005|     <s>[or]</s>
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0006|                 (2)  any prior felony for which the person was
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0007|     convicted other than an offense triable by court martial if:
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0008|                      (a)  the conviction was rendered by a
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0009|     court of another state, the United States, a territory of the
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0010|     United States or the commonwealth of Puerto Rico;
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0011|                      (b)  the offense was punishable, at the
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0012|     time of conviction, by death or a maximum term of imprisonment
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0013|     of more than one year; or
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0014|                      (c)  the offense would have been
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0015|     classified as a felony in this state at the time of conviction;
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0016|     <u>or</u>
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0017|                 <u>(3)  an adjudication by a children's court that
</u>    |
<u></u>0018| <u>    a person has committed, attempted to commit or conspired to
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<u></u>0019| <u>    commit a crime enumerated in Subsection H or I of Section
</u>    |
<u></u>0020| <u>    32A-2-3 NMSA 1978 regardless of the disposition or the sentence
</u>    |
<u></u>0021| <u>    imposed for that offense</u>.
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0022|            B.  Any person convicted of a noncapital felony in
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0023|     this state whether within the Criminal Code or the Controlled
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0024|     Substances Act or not who has incurred one prior felony
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0025|     conviction which was part of a separate transaction or
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0001|     occurrence or conditional discharge under Section <s>[31-20-7]</s>
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0002|     <u>31-20-13</u> NMSA 1978 is a habitual offender and his basic
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0003|     sentence shall be increased by one year, and the sentence
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0004|     imposed by this subsection shall not be suspended or deferred.
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0005|            C.  Any person convicted of a noncapital felony in
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0006|     this state whether within the Criminal Code or the Controlled
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0007|     Substances Act or not who has incurred two prior felony
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0008|     convictions which were parts of separate transactions or
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0009|     occurrences or conditional discharge under Section <s>[31-20-7]</s>
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0010|     <u>31-20-13</u> NMSA 1978 is a habitual offender, and his basic
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0011|     sentence shall be increased by four years, and the sentence
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0012|     imposed by this subsection shall not be suspended or deferred.
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0013|            D.  Any person convicted of a noncapital felony in
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0014|     this state whether within the Criminal Code or the Controlled
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0015|     Substances Act or not who has incurred three or more prior
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0016|     felony convictions which were parts of separate transactions or
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0017|     occurrences or conditional discharge under Section <s>[31-20-7]</s> <u>
</u>    |
<u></u>0018| <u>    31-20-13</u> NMSA 1978 is a habitual offender, and his basic
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0019|     sentence shall be increased by eight years, and the sentence
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0020|     imposed by this subsection shall not be suspended or deferred."
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0021|       Section 3.  Section 31-18-23 NMSA 1978 (being Laws 1994,
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0022|     Chapter 24, Section 2) is amended to read:
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0023|       "31-18-23.  THREE VIOLENT FELONY CONVICTIONS--MANDATORY
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0024|     LIFE IMPRISONMENT--EXCEPTION.--
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0025|            A.  When a defendant is convicted of a third violent
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0001|     felony, and each violent felony conviction is part of a separate
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0002|     transaction or occurrence, and at least the third violent felony
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0003|     conviction is in New Mexico, the defendant shall, in addition to
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0004|     the punishment imposed for the third violent conviction, and
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0005|     that sentence does not result in death, be punished by a
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0006|     sentence of life imprisonment.  The life imprisonment sentence
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0007|     shall be subject to parole pursuant to the provisions of Section
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0008|     31-21-10 NMSA 1978.
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0009|            B.  The sentence of life imprisonment shall be
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0010|     imposed after a sentencing hearing, separate from the trial or
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0011|     guilty plea proceeding resulting in the third violent felony
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0012|     conviction, pursuant to the provisions of Section 31-18-24 NMSA
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0013|     1978.
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0014|            C.  For the purpose of this section, a violent felony
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0015|     conviction <s>[incurred by a defendant before he reaches the age
</s>    |
<s></s>0016| <s>    of eighteen shall not count as a violent felony conviction]</s>
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0017|     <u>includes any adjudication by a children's court that a person
</u>    |
<u></u>0018| <u>    has committed one of the offenses enumerated in this section
</u>    |
<u></u>0019| <u>    regardless of the disposition or the sentence imposed for that
</u>    |
<u></u>0020| <u>    offense</u>.
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0021|            D.  When a defendant has a felony conviction from
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0022|     another state, the felony conviction shall be considered a
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0023|     violent felony for the purposes of the Criminal Sentencing Act
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0024|     if that crime would be considered a violent felony in New
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0025|     Mexico.
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0001|            E.  As used in the Criminal Sentencing Act: 
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0002|                 (1)  "great bodily harm" means an injury to the
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0003|     person that creates a high probability of death or that causes
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0004|     serious disfigurement or that results in permanent loss or
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0005|     impairment of the function of any member or organ of the body;
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0006|     and
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0007|                 (2)  "violent felony" means:
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0008|                      (a)  murder in the first or second degree,
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0009|     as provided in Section 30-2-1 NMSA 1978;
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0010|                      (b)  shooting at or from a motor vehicle
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0011|     resulting in great bodily harm, as provided in Subsection B of
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0012|     Section 30-3-8 NMSA 1978;
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0013|                      (c) <s>[kidnaping]</s> <u>kidnapping</u> resulting
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0014|     in great bodily harm inflicted upon the victim by his captor, as
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0015|     provided in Subsection B of Section 30-4-1 NMSA 1978; and 
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0016|                      (d)  criminal sexual penetration, as
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0017|     provided in Subsection C or Paragraph <s>[(4) or]</s> (5) <u>or (6)</u> of
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0018|     Subsection D of Section 30-9-11 NMSA 1978; and
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0019|                      (e)  robbery while armed with a deadly
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0020|     weapon resulting in great bodily harm as provided in Section
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0021|     30-16-2 NMSA 1978 and <u>Subsection A of</u> Section 30-1-12 <s>[(A)]</s>
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0022|     NMSA 1978."
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0023|       Section 4.  Section 32A-2-3 NMSA 1978 (being Laws 1993,
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0024|     Chapter 77, Section 32, as amended by Laws 1995, Chapter 204,
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0025|     Section 2 and by Laws 1995, Chapter 205, Section 2 and also by
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0001|     Laws 1995, Chapter 206, Section 10) is amended to read:
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0002|       "32A-2-3.  DEFINITIONS.--As used in the Delinquency Act:
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0003|            A.  "delinquent act" means an act committed by a
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0004|     child that would be designated as a crime under the law if
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0005|     committed by an adult, including <s>[but not limited to]</s> the
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0006|     following offenses: 
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0007|                 (1)  pursuant to municipal traffic codes or the
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0008|     Motor Vehicle Code: 
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0009|                      (a)  any driving while under the influence
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0010|     of intoxicating liquor or drugs; 
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0011|                      (b)  any failure to stop in the event of
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0012|     an accident causing death, personal injury or damage to
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0013|     property;
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0014|                      (c)  any unlawful taking of a vehicle or
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0015|     motor vehicle; 
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0016|                      (d)  any receiving or transferring of a
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0017|     stolen vehicle or motor vehicle; 
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0018|                      (e)  any homicide by vehicle; 
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0019|                      (f)  any injuring or tampering with a

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0020|     vehicle; 
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0021|                      (g)  any altering or changing of an engine
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0022|     number or other vehicle identification numbers; 
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0023|                      (h)  any altering or forging of a driver's
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0024|     license or permit or any making of a fictitious license or
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0025|     permit;  
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0001|                      (i)  reckless driving;
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0002|                      (j)  driving with a suspended or revoked
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0003|     license; or
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0004|                      (k)  any offense punishable as a felony;
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0005|                 (2)  buying, attempting to buy, receiving,
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0006|     possessing or being served any alcoholic liquor or being present
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0007|     in a licensed liquor establishment, other than a restaurant or a
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0008|     licensed retail liquor establishment, except in the presence of
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0009|     the child's parent, guardian, custodian or adult spouse.  As
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0010|     used in this paragraph, "restaurant" means any establishment
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0011|     where meals are prepared and served primarily for on-premises
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0012|     consumption and that has a dining room, a kitchen and the
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0013|     employees necessary for preparing, cooking and serving meals. 
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0014|     "Restaurant" does not include establishments, as defined in
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0015|     regulations promulgated by the director of the special
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0016|     investigations division of the department of public safety, that
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0017|     serve only hamburgers, sandwiches, salads and other fast foods;
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0018|                 (3)  any felony violation of the provisions of
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0019|     Sections 17-1-1 through 17-5-9 NMSA 1978 or any regulations
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0020|     adopted by the state game commission that relate to the time,
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0021|     extent, means or manner that game animals, birds or fish may be
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0022|     hunted, taken, captured, killed, possessed, sold, purchased or
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0023|     shipped and for which a fine may be imposed or a civil damage
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0024|     awarded;
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0025|                 (4)  any violation of Section 30-29-2 NMSA 1978,
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0001|     regarding the illegal use of a glue, aerosol spray product or
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0002|     other chemical substance; 
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0003|                 (5)  any violation of the Controlled Substances
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0004|     Act; <s>[or]</s> 
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0005|                 (6)  escape from the custody of a law
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0006|     enforcement officer or a juvenile probation or parole officer or
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0007|     from any placement made by the department by a child who has
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0008|     been adjudicated a delinquent child; <u>or
</u>    |
<u></u>0009| <u>                (7)  any violation of Section 30-15-1.1 NMSA
</u>    |
<u></u>0010| <u>    1978 regarding unauthorized graffiti on personal or real
</u>    |
<u></u>0011| <u>    property</u>;
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0012|            B.  "delinquent child" means a child who has
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0013|     committed a delinquent act;
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0014|            C.  "delinquent offender" means a delinquent child
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0015|     who is subject to juvenile sanctions only and who is not a
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0016|     youthful offender or a serious youthful offender;
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0017|            D.  "detention facility" means a place where a child
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0018|     may be detained under the Children's Code pending court hearing
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0019|     and does not include a facility for the care and rehabilitation
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0020|     of an adjudicated delinquent child; 
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0021|            E.  "felony" means an act that would be a felony if
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0022|     committed by an adult;
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0023|            F.  "misdemeanor" means an act that would be a
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0024|     misdemeanor or petty misdemeanor if committed by an adult;
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0025|            G.  "restitution" means financial reimbursement by
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0001|     the child to the victim or community service imposed by the
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0002|     court and is limited to easily ascertainable damages for injury
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0003|     to or loss of property, actual expenses incurred for medical,
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0004|     psychiatric and psychological treatment for injury to a person
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0005|     and lost wages resulting from physical injury, which are a
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0006|     direct and proximate result of a delinquent act.  "Restitution"
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0007|     does not include reimbursement for damages for mental anguish,
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0008|     pain and suffering or other intangible losses.  As used in this
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0009|     subsection, "victim" means any person who is injured or suffers
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0010|     damage of any kind by an act that is the subject of a complaint
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0011|     or referral to law enforcement officers or juvenile probation
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0012|     authorities.  Nothing contained in this definition limits or
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0013|     replaces the provisions of Subsections A and B of Section
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0014|     32A-2-27 NMSA 1978;
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0015|            H.  "serious youthful offender" means an individual
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0016|     <s>[sixteen or seventeen]</s> <u>fourteen to eighteen</u> years of age who
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0017|     is charged with and indicted or bound over for trial for first
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0018|     degree murder.  A "serious youthful offender" is not a
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0019|     delinquent child as defined pursuant to the provisions of this
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0020|     section; and  
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0021|            I.  "youthful offender" means a delinquent child
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0022|     subject to adult or juvenile sanctions who is:
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0023|                 (1) <s>[fifteen]</s> <u>thirteen</u> to eighteen years of
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0024|     age at the time of the offense and who is adjudicated for at
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0025|     least one of the following offenses:
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0001|                      (a)  second degree murder, as provided in
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0002|     Section 30-2-1 NMSA 1978;
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0003|                      (b)  assault with intent to commit a
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0004|     violent felony, as provided in Section 30-3-3 NMSA 1978;
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0005|                      (c)  kidnapping, as provided in Section
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0006|     30-4-1 NMSA 1978;
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0007|                      (d)  aggravated battery, as provided in
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0008|     <u>Subsection C of</u> Section 30-3-5 NMSA 1978;
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0009|                      <u>(e)  aggravated battery upon a peace
</u>    |
<u></u>0010| <u>    officer, as provided in Subsection C of Section 30-22-25 NMSA
</u>    |
<u></u>0011| <u>    1978</u>;
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0012|                      <s>[(e)]</s> <u>(f)</u>  shooting at a dwelling or
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0013|     occupied building or shooting at or from a motor vehicle, which
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0014|     results in great bodily harm to another person, as provided in
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0015|     Section 30-3-8 NMSA 1978;
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0016|                      <s>[(f)]</s> <u>(g)</u>  dangerous use of
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0017|     explosives, as provided in Section 30-7-5 NMSA 1978;
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0018|                      <s>[(g)]</s> <u>(h)</u>  criminal sexual
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0019|     penetration, as provided in Section 30-9-11 NMSA 1978;
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0020|                      <s>[(h)]</s> <u>(i)</u>  robbery, as provided in
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0021|     Section 30-16-2 NMSA 1978;
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0022|                      <s>[(i)]</s> <u>(j)</u>  aggravated burglary, as
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0023|     provided in Section 30-16-4 NMSA 1978; or
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0024|                      <s>[(j)]</s> <u>(k)</u>  aggravated arson, as
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0025|     provided in Section 30-17-6 NMSA 1978;
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0001|                 (2) <s>[fifteen]</s> <u>thirteen</u> to eighteen years of
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0002|     age at the time of the offense and adjudicated for any felony
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0003|     offense and who has had three prior, separate felony
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0004|     adjudications within a three-year time period immediately
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0005|     preceding the instant offense.  The felony adjudications relied
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0006|     upon as prior adjudications shall not have arisen out of the
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0007|     same transaction or occurrence or series of events related in
    |
0008|     time and location.  Successful completion of consent decrees are
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0009|     not considered a prior adjudication for the purposes of this
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0010|     paragraph; or
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0011|                 (3) <s>[fifteen]</s> <u>thirteen</u> years of age and
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0012|     adjudicated for first degree murder, as provided in Section
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0013|     30-2-1 NMSA 1978."
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0014|                              
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0015|     
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