0001| HOUSE BILL 371
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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| HENRY KIKI SAAVEDRA
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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; MAKING AN
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0017| APPROPRIATION.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 31-18-15.2 NMSA 1978 (being Laws 1993,
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0021| Chapter 77, Section 1, as amended) is amended to read:
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0022| "31-18-15.2. DEFINITIONS.--As used in the Criminal
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0023| Sentencing Act:
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0024| A. "serious youthful offender" means an individual
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0025| [sixteen or seventeen] fourteen to eighteen years of age who
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0001| is charged with and indicted or bound over for trial for first
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0002| degree murder; and
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0003| B. "youthful offender" means a delinquent child
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0004| subject to adult or juvenile sanctions who is:
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0005| (1) [fifteen] thirteen to eighteen years of
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0006| age at the time of the offense and who is adjudicated for at
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0007| least one of the following offenses:
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0008| (a) second degree murder, as provided in
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0009| Section 30-2-1 NMSA 1978;
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0010| (b) assault with intent to commit a
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0011| violent felony, as provided in Section 30-3-3 NMSA 1978;
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0012| (c) kidnapping, as provided in Section
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0013| 30-4-1 NMSA 1978;
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0014| (d) aggravated battery, as provided in
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0015| Subsection C of Section 30-3-5 NMSA 1978;
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0016| (e) aggravated battery upon a peace
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0017| officer, as provided in Subsection C of Section 30-22-25 NMSA
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0018| 1978;
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0019| (f) shooting at a dwelling or occupied
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0020| building or shooting at or from a motor vehicle, which results
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0021| in great bodily harm to another person, as provided in Section
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0022| 30-3-8 NMSA 1978;
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0023| (g) dangerous use of explosives, as
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0024| provided in Section 30-7-5 NMSA 1978;
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0025| (h) criminal sexual penetration, as
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0001| provided in Section 30-9-11 NMSA 1978;
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0002| (i) robbery, as provided in Section
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0003| 30-16-2 NMSA 1978;
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0004| (j) aggravated burglary, as provided in
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0005| Section 30-16-4 NMSA 1978; or
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0006| (k) aggravated arson, as provided in
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0007| Section 30-17-6 NMSA 1978;
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0008| (2) [fifteen] thirteen to eighteen years of
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0009| age at the time of the offense and adjudicated for any felony
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0010| offense and who has had three prior, separate felony
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0011| adjudications within a two-year time period immediately
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0012| preceding the instant offense. The felony adjudications relied
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0013| upon as prior adjudications shall not have arisen out of the
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0014| same transaction or occurrence or series of events related in
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0015| time and location. Successful completion of consent decrees is
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0016| not considered a prior adjudication for the purposes of this
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0017| paragraph; or
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0018| (3) [fifteen] thirteen years of age and
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0019| adjudicated for first degree murder, as provided in Section
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0020| 30-2-1 NMSA 1978."
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0021| Section 2. Section 31-18-17 NMSA 1978 (being Laws 1977,
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0022| Chapter 216, Section 6, as amended by Laws 1993, Chapter 77,
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0023| Section 9 and also by Laws 1993, Chapter 283, Section 1) is
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0024| amended to read:
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0025| "31-18-17. HABITUAL OFFENDERS--ALTERATION OF BASIC
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0001| SENTENCE.--
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0002| A. For the purposes of this section, "prior felony
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0003| conviction" means:
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0004| (1) a conviction for a prior felony committed
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0005| within New Mexico whether within the Criminal Code or not;
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0006| [or]
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0007| (2) any prior felony for which the person was
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0008| convicted other than an offense triable by court martial if:
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0009| (a) the conviction was rendered by a
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0010| court of another state, the United States, a territory of the
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0011| United States or the commonwealth of Puerto Rico;
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0012| (b) the offense was punishable, at the
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0013| time of conviction, by death or a maximum term of imprisonment
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0014| of more than one year; or
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0015| (c) the offense would have been
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0016| classified as a felony in this state at the time of conviction;
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0017| or
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0018| (3) an adjudication by a children's court that
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0019| a person has committed, attempted to commit or conspired to
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0020| commit a crime enumerated in Subsection H or I of Section
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0021| 32A-2-3 NMSA 1978 regardless of the disposition or the sentence
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0022| imposed for that offense.
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0023| B. Any person convicted of a noncapital felony in
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0024| this state whether within the Criminal Code or the Controlled
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0025| Substances Act or not who has incurred one prior felony
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0001| conviction which was part of a separate transaction or
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0002| occurrence or conditional discharge under Section [31-20-7]
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0003| 31-20-13 NMSA 1978 is a habitual offender and his basic
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0004| sentence shall be increased by one year, and the sentence
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0005| imposed by this subsection shall not be suspended or deferred.
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0006| C. Any person convicted of a noncapital felony in
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0007| this state whether within the Criminal Code or the Controlled
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0008| Substances Act or not who has incurred two prior felony
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0009| convictions which were parts of separate transactions or
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0010| occurrences or conditional discharge under Section [31-20-7]
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0011| 31-20-13 NMSA 1978 is a habitual offender, and his basic
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0012| sentence shall be increased by four years, and the sentence
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0013| imposed by this subsection shall not be suspended or deferred.
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0014| D. Any person convicted of a noncapital felony in
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0015| this state whether within the Criminal Code or the Controlled
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0016| Substances Act or not who has incurred three or more prior
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0017| felony convictions which were parts of separate transactions or
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0018| occurrences or conditional discharge under Section [31-20-7]
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0019| 31-20-13 NMSA 1978 is a habitual offender, and his basic
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0020| sentence shall be increased by eight years, and the sentence
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0021| imposed by this subsection shall not be suspended or deferred."
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0022| Section 3. Section 31-18-23 NMSA 1978 (being Laws 1994,
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0023| Chapter 24, Section 2) is amended to read:
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0024| "31-18-23. THREE VIOLENT FELONY CONVICTIONS--MANDATORY
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0025| LIFE IMPRISONMENT--EXCEPTION.--
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0001| A. When a defendant is convicted of a third violent
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0002| felony, and each violent felony conviction is part of a separate
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0003| transaction or occurrence, and at least the third violent felony
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0004| conviction is in New Mexico, the defendant shall, in addition to
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0005| the punishment imposed for the third violent conviction, and
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0006| that sentence does not result in death, be punished by a
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0007| sentence of life imprisonment. The life imprisonment sentence
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0008| shall be subject to parole pursuant to the provisions of Section
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0009| 31-21-10 NMSA 1978.
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0010| B. The sentence of life imprisonment shall be
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0011| imposed after a sentencing hearing, separate from the trial or
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0012| guilty plea proceeding resulting in the third violent felony
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0013| conviction, pursuant to the provisions of Section 31-18-24 NMSA
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0014| 1978.
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0015| C. For the purpose of this section, a violent felony
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0016| conviction [incurred by a defendant before he reaches the age
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of eighteen shall not count as a violent felony conviction]
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0018| includes any adjudication by a children's court that a person
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0019| has committed one of the offenses enumerated in this section
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0020| regardless of the disposition or the sentence imposed for that
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0021| offense.
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0022| D. When a defendant has a felony conviction from
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0023| another state, the felony conviction shall be considered a
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0024| violent felony for the purposes of the Criminal Sentencing Act
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0025| if that crime would be considered a violent felony in New
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0001| Mexico.
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0002| E. As used in the Criminal Sentencing Act:
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0003| (1) "great bodily harm" means an injury to the
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0004| person that creates a high probability of death or that causes
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0005| serious disfigurement or that results in permanent loss or
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0006| impairment of the function of any member or organ of the body;
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0007| and
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0008| (2) "violent felony" means:
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0009| (a) murder in the first or second degree,
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0010| as provided in Section 30-2-1 NMSA 1978;
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0011| (b) shooting at or from a motor vehicle
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0012| resulting in great bodily harm, as provided in Subsection B of
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0013| Section 30-3-8 NMSA 1978;
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0014| (c) [kidnaping] kidnapping resulting
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0015| in great bodily harm inflicted upon the victim by his captor, as
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0016| provided in Subsection B of Section 30-4-1 NMSA 1978; and
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0017| (d) criminal sexual penetration, as
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0018| provided in Subsection C or Paragraph [(4) or] (5) or (6) of
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0019| Subsection D of Section 30-9-11 NMSA 1978; and
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0020| (e) robbery while armed with a deadly
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0021| weapon resulting in great bodily harm as provided in Section
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0022| 30-16-2 NMSA 1978 and Subsection A of Section 30-1-12 [(A)]
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0023| NMSA 1978."
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0024| Section 4. Section 32A-2-3 NMSA 1978 (being Laws 1993,
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0025| Chapter 77, Section 32, as amended by Laws 1995, Chapter 204,
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0001| Section 2 and by Laws 1995, Chapter 205, Section 2 and also by
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0002| Laws 1995, Chapter 206, Section 10) is amended to read:
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0003| "32A-2-3. DEFINITIONS.--As used in the Delinquency Act:
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0004| A. "delinquent act" means an act committed by a
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0005| child that would be designated as a crime under the law if
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0006| committed by an adult, including [but not limited to] the
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0007| following offenses:
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0008| (1) pursuant to municipal traffic codes or the
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0009| Motor Vehicle Code:
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0010| (a) any driving while under the influence
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0011| of intoxicating liquor or drugs;
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0012| (b) any failure to stop in the event of
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0013| an accident causing death, personal injury or damage to
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0014| property;
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0015| (c) any unlawful taking of a vehicle or
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0016| motor vehicle;
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0017| (d) any receiving or transferring of a
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0018| stolen vehicle or motor vehicle;
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0019| (e) any homicide by vehicle;
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0020| (f) any injuring or tampering with a
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0021| vehicle;
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0022| (g) any altering or changing of an engine
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0023| number or other vehicle identification numbers;
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0024| (h) any altering or forging of a driver's
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0025| license or permit or any making of a fictitious license or
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0001| permit;
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0002| (i) reckless driving;
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0003| (j) driving with a suspended or revoked
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0004| license; or
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0005| (k) any offense punishable as a felony;
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0006| (2) buying, attempting to buy, receiving,
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0007| possessing or being served any alcoholic liquor or being present
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0008| in a licensed liquor establishment, other than a restaurant or a
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0009| licensed retail liquor establishment, except in the presence of
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0010| the child's parent, guardian, custodian or adult spouse. As
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0011| used in this paragraph, "restaurant" means any establishment
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0012| where meals are prepared and served primarily for on-premises
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0013| consumption and that has a dining room, a kitchen and the
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0014| employees necessary for preparing, cooking and serving meals.
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0015| "Restaurant" does not include establishments, as defined in
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0016| regulations promulgated by the director of the special
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0017| investigations division of the department of public safety, that
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0018| serve only hamburgers, sandwiches, salads and other fast foods;
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0019| (3) any felony violation of the provisions of
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0020| Sections 17-1-1 through 17-5-9 NMSA 1978 or any regulations
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0021| adopted by the state game commission that relate to the time,
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0022| extent, means or manner that game animals, birds or fish may be
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0023| hunted, taken, captured, killed, possessed, sold, purchased or
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0024| shipped and for which a fine may be imposed or a civil damage
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0025| awarded;
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0001| (4) any violation of Section 30-29-2 NMSA 1978,
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0002| regarding the illegal use of a glue, aerosol spray product or
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0003| other chemical substance;
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0004| (5) any violation of the Controlled Substances
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0005| Act; [or]
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0006| (6) escape from the custody of a law
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0007| enforcement officer or a juvenile probation or parole officer or
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0008| from any placement made by the department by a child who has
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0009| been adjudicated a delinquent child; or
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0010| (7) any violation of Section 30-15-1.1 NMSA
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0011| 1978 regarding unauthorized graffiti on personal or real
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0012| property;
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0013| B. "delinquent child" means a child who has
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0014| committed a delinquent act;
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0015| C. "delinquent offender" means a delinquent child
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0016| who is subject to juvenile sanctions only and who is not a
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0017| youthful offender or a serious youthful offender;
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0018| D. "detention facility" means a place where a child
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0019| may be detained under the Children's Code pending court hearing
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0020| and does not include a facility for the care and rehabilitation
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0021| of an adjudicated delinquent child;
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0022| E. "felony" means an act that would be a felony if
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0023| committed by an adult;
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0024| F. "misdemeanor" means an act that would be a
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0025| misdemeanor or petty misdemeanor if committed by an adult;
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0001| G. "restitution" means financial reimbursement by
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0002| the child to the victim or community service imposed by the
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0003| court and is limited to easily ascertainable damages for injury
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0004| to or loss of property, actual expenses incurred for medical,
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0005| psychiatric and psychological treatment for injury to a person
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0006| and lost wages resulting from physical injury, which are a
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0007| direct and proximate result of a delinquent act. "Restitution"
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0008| does not include reimbursement for damages for mental anguish,
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0009| pain and suffering or other intangible losses. As used in this
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0010| subsection, "victim" means any person who is injured or suffers
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0011| damage of any kind by an act that is the subject of a complaint
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0012| or referral to law enforcement officers or juvenile probation
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0013| authorities. Nothing contained in this definition limits or
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0014| replaces the provisions of Subsections A and B of Section
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0015| 32A-2-27 NMSA 1978;
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0016| H. "serious youthful offender" means an individual
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0017| [sixteen or seventeen] fourteen to eighteen years of age who
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0018| is charged with and indicted or bound over for trial for first
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0019| degree murder. A "serious youthful offender" is not a
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0020| delinquent child as defined pursuant to the provisions of this
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0021| section; and
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0022| I. "youthful offender" means a delinquent child
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0023| subject to adult or juvenile sanctions who is:
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0024| (1) [fifteen] thirteen to eighteen years of
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0025| age at the time of the offense and who is adjudicated for at
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0001| least one of the following offenses:
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0002| (a) second degree murder, as provided in
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0003| Section 30-2-1 NMSA 1978;
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0004| (b) assault with intent to commit a
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0005| violent felony, as provided in Section 30-3-3 NMSA 1978;
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0006| (c) kidnapping, as provided in Section
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0007| 30-4-1 NMSA 1978;
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0008| (d) aggravated battery, as provided in
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0009| Subsection C of Section 30-3-5 NMSA 1978;
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0010| (e) aggravated battery upon a peace
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0011| officer, as provided in Subsection C of Section 30-22-25 NMSA
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0012| 1978;
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0013| [(e)] (f) shooting at a dwelling or
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0014| occupied building or shooting at or from a motor vehicle, which
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0015| results in great bodily harm to another person, as provided in
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0016| Section 30-3-8 NMSA 1978;
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0017| [(f)] (g) dangerous use of
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0018| explosives, as provided in Section 30-7-5 NMSA 1978;
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0019| [(g)] (h) criminal sexual
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0020| penetration, as provided in Section 30-9-11 NMSA 1978;
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0021| [(h)] (i) robbery, as provided in
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0022| Section 30-16-2 NMSA 1978;
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0023| [(i)] (j) aggravated burglary, as
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0024| provided in Section 30-16-4 NMSA 1978; or
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0025| [(j)] (k) aggravated arson, as
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0001| provided in Section 30-17-6 NMSA 1978;
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0002| (2) [fifteen] thirteen to eighteen years of
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0003| age at the time of the offense and adjudicated for any felony
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0004| offense and who has had three prior, separate felony
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0005| adjudications within a three-year time period immediately
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0006| preceding the instant offense. The felony adjudications relied
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0007| upon as prior adjudications shall not have arisen out of the
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0008| same transaction or occurrence or series of events related in
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0009| time and location. Successful completion of consent decrees are
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0010| not considered a prior adjudication for the purposes of this
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0011| paragraph; or
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0012| (3) [fifteen] thirteen years of age and
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0013| adjudicated for first degree murder, as provided in Section
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0014| 30-2-1 NMSA 1978."
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0015| Section 5. APPROPRIATION.--Fifty thousand dollars
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0016| ($50,000) is appropriated from the general fund to the office of
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0017| the attorney general for expenditure in fiscal year 1997 for the
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0018| purpose of producing and disseminating public service
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0019| announcements regarding changes in the Criminal Sentencing Act
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0020| and the Children's Code to lower the age for adjudication of a
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0021| child as a youthful offender or a serious youthful offender.
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0022| Any unexpended or unencumbered balance remaining at the end of
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0023| fiscal year 1997 shall revert to the general fund.
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0024|
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0025| State of New Mexico
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0001| House of Representatives
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0002|
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0003| FORTY-SECOND LEGISLATURE
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0004| SECOND SESSION, 1996
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0005|
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0006| January 29, l996
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your RULES AND ORDER OF BUSINESS COMMITTEE, to
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0012| whom has been referred
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0013|
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0014| HOUSE BILL 371
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0015|
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0016| has had it under consideration and finds same to be
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0017| GERMANE in accordance with constitutional provisions.
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0018|
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0019| Respectfully submitted,
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0020|
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0021|
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0022|
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0023|
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0024| Barbara A. Perea Casey,
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0025| Chairperson
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0001|
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0002|
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0003| Adopted Not Adopted
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0004|
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0005| (Chief Clerk) (Chief Clerk)
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0006|
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0007| Date
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0008|
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0009| The roll call vote was 9 For 0 Against
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0010| Yes: 9
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0011| Excused: Lujan, Nicely, Olguin, Pederson, Wallach,
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0012| S. Williams
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0013| Absent: None
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0014|
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0015| H0371RC1 State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-SECOND LEGISLATURE
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0019| SECOND SESSION, 1996
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0020|
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0021|
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0022| February 9, 1996
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your JUDICIARY COMMITTEE, to whom has been referred
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0003|
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0004| HOUSE BILLS 371 AND 376
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0005|
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0006| has had them under consideration and reports same with
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0007| recommendation that they DO NOT PASS, but that
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0008|
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0009| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE
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0010| BILLS 371 AND 376
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0011|
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0012| DO PASS, and thence referred to the APPROPRIATIONS
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0013| AND FINANCE COMMITTEE.
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0014|
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0015| Respectfully submitted,
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0016|
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0017|
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0018|
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0019|
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0020| Cisco McSorley, Chairman
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0021|
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0022|
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0023| Adopted Not Adopted
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0024|
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002| Date
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0003|
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0004| The roll call vote was 11 For 2 Against
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0005| Yes: 11
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0006| No: McSorley, Stewart
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0007| Excused: None
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0008| Absent: None
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0009|
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0010|
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0011| .109714.2
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0012| H0371JC1 HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0013| HOUSE BILLS 371 & 376
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0014| 42nd legislature - STATE OF NEW MEXICO - second session, 1996
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0015|
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0016|
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0017|
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0018|
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0019|
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0020|
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0021|
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0022| AN ACT
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0023| RELATING TO JUVENILE JUSTICE; CHANGING THE AGE DESIGNATIONS FOR
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0024| SERIOUS YOUTHFUL OFFENDERS AND YOUTHFUL OFFENDERS; EXPANDING THE
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0025| LIST OF PREDICATE OFFENSES FOR YOUTHFUL OFFENDERS; AMENDING
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0001| SECTIONS OF THE NMSA 1978.
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0002|
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0003| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0004| Section 1. Section 31-18-15.2 NMSA 1978 (being Laws 1993,
|
0005| Chapter 77, Section 1, as amended) is amended to read:
|
0006| "31-18-15.2. DEFINITIONS.--As used in the Criminal
|
0007| Sentencing Act:
|
0008| A. "serious youthful offender" means an individual
|
0009| [sixteen or seventeen] fifteen to eighteen years of age who
|
0010| is charged with and indicted or bound over for trial for first
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0011| degree murder; and
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0012| B. "youthful offender" means a delinquent child
|
0013| subject to adult or juvenile sanctions who is:
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0014| (1) [fifteen] fourteen to eighteen years of
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0015| age at the time of the offense and who is adjudicated for at
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0016| least one of the following offenses:
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0017| (a) second degree murder, as provided in
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0018| Section 30-2-1 NMSA 1978;
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0019| (b) assault with intent to commit a
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0020| violent felony, as provided in Section 30-3-3 NMSA 1978;
|
0021| (c) kidnapping, as provided in Section
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0022| 30-4-1 NMSA 1978;
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0023| (d) aggravated battery, as provided in
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0024| Subsection C of Section 30-3-5 NMSA 1978;
|
0025| (e) aggravated battery upon a peace
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0001| officer, as provided in Subsection C of Section 30-22-25 NMSA
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0002| 1978;
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0003| (f) shooting at a dwelling or occupied
|
0004| building or shooting at or from a motor vehicle, [which results
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in great bodily harm to another person] as provided in Section
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0006| 30-3-8 NMSA 1978;
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0007| (g) dangerous use of explosives, as
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0008| provided in Section 30-7-5 NMSA 1978;
|
0009| (h) criminal sexual penetration, as
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0010| provided in Section 30-9-11 NMSA 1978;
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0011| (i) robbery, as provided in Section
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0012| 30-16-2 NMSA 1978;
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0013| (j) aggravated burglary, as provided in
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0014| Section 30-16-4 NMSA 1978; [or]
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0015| (k) aggravated arson, as provided in
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0016| Section 30-17-6 NMSA 1978; or
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0017| (l) abuse of a child that results in
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0018| great bodily harm or death to the child, as provided in Section
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0019| 30-6-1 NMSA 1978;
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0020| (2) [fifteen] fourteen to eighteen years of
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0021| age at the time of the offense and adjudicated for any felony
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0022| offense and who has had three prior, separate felony adjudications
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0023| within a [two-year] three-year time period immediately
|
0024| preceding the instant offense. The felony adjudications relied
|
0025| upon as prior adjudications shall not have arisen out of the same
|
0001| transaction or occurrence or series of events related in time and
|
0002| location. Successful completion of consent decrees is not
|
0003| considered a prior adjudication for the purposes of this paragraph;
|
0004| or
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0005| (3) [fifteen] fourteen years of age and
|
0006| adjudicated for first degree murder, as provided in Section 30-2-1
|
0007| NMSA 1978."
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0008| Section 2. Section 32A-2-3 NMSA 1978 (being Laws 1993,
|
0009| Chapter 77, Section 32, as amended by Laws 1995, Chapter 204,
|
0010| Section 2 and by Laws 1995, Chapter 205, Section 2 and also by Laws
|
0011| 1995, Chapter 206, Section 10) is amended to read:
|
0012| "32A-2-3. DEFINITIONS.--As used in the Delinquency Act:
|
0013| A. "delinquent act" means an act committed by a child
|
0014| that would be designated as a crime under the law if committed by
|
0015| an adult, including [but not limited to] the following offenses:
|
0016| (1) pursuant to municipal traffic codes or the
|
0017| Motor Vehicle Code:
|
0018| (a) any driving while under the influence of
|
0019| intoxicating liquor or drugs;
|
0020| (b) any failure to stop in the event of an
|
0021| accident causing death, personal injury or damage to property;
|
0022| (c) any unlawful taking of a vehicle or
|
0023| motor vehicle;
|
0024| (d) any receiving or transferring of a
|
0025| stolen vehicle or motor vehicle;
|
0001| (e) any homicide by vehicle;
|
0002| (f) any injuring or tampering with a
|
0003| vehicle;
|
0004| (g) any altering or changing of an engine
|
0005| number or other vehicle identification numbers;
|
0006| (h) any altering or forging of a driver's
|
0007| license or permit or any making of a fictitious license or permit;
|
0008| (i) reckless driving;
|
0009| (j) driving with a suspended or revoked
|
0010| license; or
|
0011| (k) any offense punishable as a felony;
|
0012| (2) buying, attempting to buy, receiving,
|
0013| possessing or being served any alcoholic liquor or being present in
|
0014| a licensed liquor establishment, other than a restaurant or a
|
0015| licensed retail liquor establishment, except in the presence of the
|
0016| child's parent, guardian, custodian or adult spouse. As used in
|
0017| this paragraph, "restaurant" means any establishment where meals
|
0018| are prepared and served primarily for on-premises consumption and
|
0019| that has a dining room, a kitchen and the employees necessary for
|
0020| preparing, cooking and serving meals. "Restaurant" does not
|
0021| include establishments, as defined in regulations promulgated by
|
0022| the director of the special investigations division of the
|
0023| department of public safety, that serve only hamburgers,
|
0024| sandwiches, salads and other fast foods;
|
0025| (3) any felony violation of the provisions of
|
0001| Sections 17-1-1 through 17-5-9 NMSA 1978 or any regulations adopted
|
0002| by the state game commission that relate to the time, extent, means
|
0003| or manner that game animals, birds or fish may be hunted, taken,
|
0004| captured, killed, possessed, sold, purchased or shipped and for
|
0005| which a fine may be imposed or a civil damage awarded;
|
0006| (4) any violation of Section 30-29-2 NMSA 1978,
|
0007| regarding the illegal use of a glue, aerosol spray product or other
|
0008| chemical substance;
|
0009| (5) any violation of the Controlled Substances
|
0010| Act; [or]
|
0011| (6) escape from the custody of a law enforcement
|
0012| officer or a juvenile probation or parole officer or from any
|
0013| placement made by the department by a child who has been
|
0014| adjudicated a delinquent child; or
|
0015| (7) any violation of Section 30-15-1.1 NMSA 1978
|
0016| regarding unauthorized graffiti on personal or real property;
|
0017| B. "delinquent child" means a child who has committed a
|
0018| delinquent act;
|
0019| C. "delinquent offender" means a delinquent child who
|
0020| is subject to juvenile sanctions only and who is not a youthful
|
0021| offender or a serious youthful offender;
|
0022| D. "detention facility" means a place where a child may
|
0023| be detained under the Children's Code pending court hearing and
|
0024| does not include a facility for the care and rehabilitation of an
|
0025| adjudicated delinquent child;
|
0001| E. "felony" means an act that would be a felony if
|
0002| committed by an adult;
|
0003| F. "misdemeanor" means an act that would be a
|
0004| misdemeanor or petty misdemeanor if committed by an adult;
|
0005| G. "restitution" means financial reimbursement by the
|
0006| child to the victim or community service imposed by the court and
|
0007| is limited to easily ascertainable damages for injury to or loss of
|
0008| property, actual expenses incurred for medical, psychiatric and
|
0009| psychological treatment for injury to a person and lost wages
|
0010| resulting from physical injury, which are a direct and proximate
|
0011| result of a delinquent act. "Restitution" does not include
|
0012| reimbursement for damages for mental anguish, pain and suffering or
|
0013| other intangible losses. As used in this subsection, "victim"
|
0014| means any person who is injured or suffers damage of any kind by an
|
0015| act that is the subject of a complaint or referral to law
|
0016| enforcement officers or juvenile probation authorities. Nothing
|
0017| contained in this definition limits or replaces the provisions of
|
0018| Subsections A and B of Section
|
0019| 32A-2-27 NMSA 1978;
|
0020| H. "serious youthful offender" means an individual
|
0021| [sixteen or seventeen] fifteen to eighteen years of age who is
|
0022| charged with and indicted or bound over for trial for first degree
|
0023| murder. A "serious youthful offender" is not a delinquent child as
|
0024| defined pursuant to the provisions of this section; and
|
0025| I. "youthful offender" means a delinquent child subject
|
0001| to adult or juvenile sanctions who is:
|
0002| (1) [fifteen] fourteen to eighteen years of
|
0003| age at the time of the offense and who is adjudicated for at least
|
0004| one of the following offenses:
|
0005| (a) second degree murder, as provided in
|
0006| Section 30-2-1 NMSA 1978;
|
0007| (b) assault with intent to commit a violent
|
0008| felony, as provided in Section 30-3-3 NMSA 1978;
|
0009| (c) kidnapping, as provided in Section
|
0010| 30-4-1 NMSA 1978;
|
0011| (d) aggravated battery, as provided in
|
0012| Subsection C of Section 30-3-5 NMSA 1978;
|
0013| (e) aggravated battery upon a peace
|
0014| officer, as provided in Subsection C of Section 30-22-25 NMSA
|
0015| 1978;
|
0016| [(e)] (f) shooting at a dwelling or
|
0017| occupied building or shooting at or from a motor vehicle, [which
|
results in great bodily harm to another person] as provided in
|
0019| Section 30-3-8 NMSA 1978;
|
0020| [(f)] (g) dangerous use of explosives,
|
0021| as provided in Section 30-7-5 NMSA 1978;
|
0022| [(g)] (h) criminal sexual penetration,
|
0023| as provided in Section 30-9-11 NMSA 1978;
|
0024| [(h)] (i) robbery, as provided in
|
0025| Section
|
0001| 30-16-2 NMSA 1978;
|
0002| [(i)] (j) aggravated burglary, as
|
0003| provided in Section 30-16-4 NMSA 1978; [or
|
(j)] (k) aggravated arson, as provided in
|
0005| Section 30-17-6 NMSA 1978; or
|
0006| (l) abuse of a child that results in great
|
0007| bodily harm or death to the child, as provided in Section 30-6-1
|
0008| NMSA 1978;
|
0009| (2) [fifteen] fourteen to eighteen years of
|
0010| age at the time of the offense and adjudicated for any felony
|
0011| offense and who has had three prior, separate felony adjudications
|
0012| within a three-year time period immediately preceding the instant
|
0013| offense. The felony adjudications relied upon as prior
|
0014| adjudications shall not have arisen out of the same transaction or
|
0015| occurrence or series of events related in time and location.
|
0016| Successful completion of consent decrees are not considered a prior
|
0017| adjudication for the purposes of this paragraph; or
|
0018| (3) [fifteen] fourteen years of age and
|
0019| adjudicated for first degree murder, as provided in Section
|
0020| 30-2-1 NMSA 1978."
|
0021| Section 3. Section 32A-2-18 NMSA 1978 (being Laws 1993,
|
0022| Chapter 77, Section 47) is amended to read:
|
0023| "32A-2-18. JUDGMENT--NONCRIMINAL NATURE--[NONADMISSABILITY] NONADMISSIBILITY.--
|
0024| A. The court shall enter a judgment setting forth the
|
0025| court's findings and disposition in the proceeding. A judgment in
|
0001| proceedings on a petition under the Delinquency Act resulting in a
|
0002| juvenile disposition shall not be deemed a conviction of crime nor
|
0003| shall it impose any civil disabilities ordinarily resulting from
|
0004| conviction of a crime nor shall it operate to disqualify the child
|
0005| in any civil service application or appointment. The juvenile
|
0006| disposition of a child and any evidence given in a hearing in court
|
0007| shall not be admissible as evidence against the child in any case
|
0008| or proceeding in any other tribunal whether before or after
|
0009| reaching the age of majority, except in sentencing proceedings
|
0010| after conviction of a felony and then only for the purpose of a
|
0011| presentence study and report.
|
0012| B. If a judgment resulting from a youthful offender or
|
0013| serious youthful offender proceeding under the Delinquency Act
|
0014| results in an adult sentence, a record of the judgment shall be
|
0015| admissible in any other case or proceeding in any other court
|
0016| involving the youthful offender or serious youthful offender.
|
0017| C. If a judgment on a proceeding under the
|
0018| Delinquency Act results in an adult sentence, the determination of
|
0019| guilt at trial becomes a conviction for purposes of the Criminal
|
0020| Code."
|
0021| Section 4. Section 32A-2-19 NMSA 1978 (being Laws 1993,
|
0022| Chapter 77, Section 48, as amended by Laws 1995, Chapter 204,
|
0023| Section 3 and also by Laws 1995, Chapter 206, Section 13) is
|
0024| amended to read:
|
0025| "32A-2-19. DISPOSITION OF AN ADJUDICATED DELINQUENT
|
0001| OFFENDER.--
|
0002| A. At the conclusion of the dispositional hearing, the
|
0003| court may make and include in the dispositional judgment its
|
0004| findings on the following:
|
0005| (1) the interaction and interrelationship of the
|
0006| child with the child's [parent] parents, siblings and any other
|
0007| person who may significantly affect the child's best interests;
|
0008| (2) the child's adjustment to his home, school
|
0009| and community;
|
0010| (3) the mental and physical health of all
|
0011| individuals involved;
|
0012| (4) the wishes of the child as to his custodian;
|
0013| (5) the wishes of the child's [parent]
|
0014| parents as to the child's custody;
|
0015| (6) whether there exists a relative of the child
|
0016| or other individual who, after study by the department, is found to
|
0017| be qualified to receive and care for the child;
|
0018| (7) the availability of services recommended in
|
0019| the predisposition report; and
|
0020| (8) the ability of the parents to care for the
|
0021| child in the home.
|
0022| B. If a child is found to be delinquent, the court may
|
0023| impose a fine not to exceed the fine that could be imposed if the
|
0024| child were an adult and may enter its judgment making any of the
|
0025| following dispositions for the supervision, care and rehabilitation
|
0001| of the child:
|
0002| (1) any disposition that is authorized for the
|
0003| disposition of a neglected or abused child, in accordance with the
|
0004| Abuse and Neglect Act;
|
0005| (2) transfer legal custody to the department, an
|
0006| agency responsible for the care and rehabilitation of delinquent
|
0007| children, which shall receive the child at a facility designated by
|
0008| the secretary of the department as a juvenile reception facility.
|
0009| The department shall thereafter determine the appropriate
|
0010| placement, supervision and rehabilitation program for the child.
|
0011| The judge may include recommendations for placement of the child.
|
0012| Commitments are subject to limitations and modifications set forth
|
0013| in Section 32A-2-23 NMSA 1978. The types of commitments include:
|
0014| (a) a short-term commitment of one year;
|
0015| (b) a long-term commitment for no more than
|
0016| two years in a long-term facility for the care and rehabilitation
|
0017| of adjudicated delinquent children; [or]
|
0018| (c) if the child is a delinquent offender
|
0019| who committed one of the criminal offenses set forth in Subsection
|
0020| I of Section 32A-2-3 NMSA 1978, a commitment to age twenty-one,
|
0021| unless sooner discharged; or
|
0022| [(c)] (d) if the child is a youthful
|
0023| offender, a commitment to age twenty-one, unless sooner discharged;
|
0024| (3) place the child on probation under those
|
0025| conditions and limitations as the court may prescribe;
|
0001| (4) place the child in a local detention facility
|
0002| that has been certified in accordance with the provisions of
|
0003| Section 32A-2-4 NMSA 1978 for a period not to exceed fifteen days
|
0004| within a three hundred sixty-five day time period;
|
0005| (5) if a child is found to be delinquent solely
|
0006| on the basis of Paragraph (3) of Subsection A of Section 32A-2-3
|
0007| NMSA 1978, the court shall only enter a judgment placing the child
|
0008| on probation or ordering restitution or imposing a fine not to
|
0009| exceed the fine that could be imposed if the child were an adult or
|
0010| any combination of these dispositions; or
|
0011| (6) if a child is found to be delinquent solely
|
0012| on the basis of Paragraph (2), (4) or (5) of Subsection A of
|
0013| Section 32A-2-3 NMSA 1978, the court may make any disposition
|
0014| provided by this section and may enter its judgment placing the
|
0015| child on probation and, as a condition of probation, transfer
|
0016| custody of the child to the department for a period not to exceed
|
0017| six months without further order of the court; provided that this
|
0018| transfer shall not be made unless the court first determines that
|
0019| the department is able to provide or contract for adequate and
|
0020| appropriate treatment for the child and that the treatment is
|
0021| likely to be beneficial.
|
0022| C. When the child is an Indian child, the Indian
|
0023| child's cultural needs shall be considered in the dispositional
|
0024| judgment and reasonable access to cultural practices and
|
0025| traditional treatment shall be provided.
|
0001| D. No child found to be delinquent shall be committed
|
0002| or transferred to a penal institution or other facility used for
|
0003| the execution of sentences of persons convicted of crimes.
|
0004| E. Whenever the court vests legal custody in an agency,
|
0005| institution or department, it shall transmit with the dispositional
|
0006| judgment copies of the clinical reports, predisposition study and
|
0007| report and other information it has pertinent to the care and
|
0008| treatment of the child.
|
0009| F. Prior to any child being placed in the custody of
|
0010| the department, the department shall be provided with reasonable
|
0011| oral or written notification and an opportunity to be heard.
|
0012| G. In addition to any other disposition pursuant to
|
0013| this section or any other penalty provided by law, if a child
|
0014| fifteen years of age or older is adjudicated delinquent on the
|
0015| basis of Paragraph (2), (4) or (5) of Subsection A of Section
|
0016| 32A-2-3 NMSA 1978, the child's driving privileges may be denied or
|
0017| the child's driver's license may be revoked for a period of ninety
|
0018| days. For a second or a subsequent adjudication, the child's
|
0019| driving privileges may be denied or the child's driver's license
|
0020| revoked for a period of one year. Within twenty-four hours of the
|
0021| dispositional judgment, the court may send to the motor vehicle
|
0022| division of the taxation and revenue department the order
|
0023| adjudicating delinquency. Upon receipt of an order from the court
|
0024| adjudicating delinquency, the director of the motor vehicle
|
0025| division of the taxation and revenue department may revoke or deny
|
0001| the delinquent's driver's license or driving privileges. Nothing
|
0002| in this section may prohibit the delinquent from applying for a
|
0003| limited driving privilege pursuant to Section 66-5-35 NMSA 1978,
|
0004| and nothing in this section precludes the delinquent's
|
0005| participation in an appropriate educational, counseling or
|
0006| rehabilitation program.
|
0007| H. In addition to any other disposition pursuant to
|
0008| this section or any other penalty provided by law, when a child is
|
0009| adjudicated delinquent on the basis of Paragraph (7) of Subsection
|
0010| A of Section 32A-2-3 NMSA 1978, the child shall perform the
|
0011| mandatory community service set forth in Section 30-15-1.1 NMSA
|
0012| 1978. When a child fails to completely perform the mandatory
|
0013| community service, the name and address of the child's parent or
|
0014| legal guardian shall be published in a newspaper of general
|
0015| circulation, accompanied by a notice that he is the parent or legal
|
0016| guardian of a child adjudicated delinquent for committing
|
0017| graffiti."
|
0018| Section 5. Section 32A-2-20 NMSA 1978 (being Laws 1993,
|
0019| Chapter 77, Section 49, as amended) is amended to read:
|
0020| "32A-2-20. DISPOSITION OF A YOUTHFUL OFFENDER.--
|
0021| A. The court has the discretion to invoke either an
|
0022| adult sentence or juvenile sanctions on a youthful offender. The
|
0023| children's court attorney shall file a notice of intent to invoke
|
0024| an adult sentence within ten working days of the filing of the
|
0025| petition, provided that the court may extend the time for filing of
|
0001| the notice of intent to invoke an adult sentence, for good cause
|
0002| shown, prior to the adjudicatory hearing. A preliminary hearing by
|
0003| the court or a hearing before a grand jury shall be held, within
|
0004| ten days after the filing of the intent to invoke an adult
|
0005| sentence, to determine whether probable cause exists to support the
|
0006| allegations contained in the petition.
|
0007| B. If the children's court attorney has filed a notice
|
0008| of intent to invoke an adult sentence and the child is adjudicated
|
0009| as a youthful offender, the court shall make the following findings
|
0010| in order to invoke an adult sentence:
|
0011| (1) the child is not amenable to treatment or
|
0012| rehabilitation as a child in available facilities; and
|
0013| (2) the child is not eligible for commitment to
|
0014| an institution for the developmentally disabled or mentally
|
0015| disordered.
|
0016| C. In making the findings set forth in Subsection B of
|
0017| this section, the judge shall consider the following factors: (1) the seriousness of the alleged offense;
|
0018| (2) whether the alleged offense was committed in
|
0019| an aggressive, violent, premeditated or willful manner;
|
0020| (3) whether a firearm was used to commit the
|
0021| alleged offense;
|
0022| [(3)] (4) whether the alleged offense was
|
0023| against persons or against property, greater weight being given to
|
0024| offenses against persons, especially if personal injury resulted;
|
0025| [(4)] (5) the sophistication and maturity of
|
0001| the child as determined by consideration of the child's home,
|
0002| environmental situation, emotional attitude and pattern of living;
|
0003| [(5)] (6) the record and previous history of
|
0004| the child;
|
0005| [(6)] (7) the prospects for adequate
|
0006| protection of the public and the likelihood of reasonable
|
0007| rehabilitation of the child by the use of procedures, services and
|
0008| facilities currently available; and
|
0009| [(7)] (8) any other relevant factor, provided
|
0010| that factor is stated on the record.
|
0011| D. If the court invokes an adult sentence, the court
|
0012| may sentence the child to less than, but shall not exceed, the
|
0013| mandatory adult sentence. A youthful offender given an adult
|
0014| sentence shall be treated as an adult offender and shall be
|
0015| transferred to the legal custody of an agency responsible for
|
0016| incarceration of persons sentenced to adult sentences. This
|
0017| transfer terminates the jurisdiction of the court over the child
|
0018| with respect to the delinquent acts alleged in the petition.
|
0019| E. If a juvenile disposition is appropriate, the court
|
0020| shall follow the provisions set forth in Section 32A-2-19 NMSA
|
0021| 1978. A youthful offender may be subject to extended commitment in
|
0022| the care of the department until the age of twenty-one, pursuant to
|
0023| the provisions of Section 32A-2-23 NMSA 1978.
|
0024| F. A [sixteen or seventeen] fourteen to eighteen
|
0025| year old child charged with first degree murder, but convicted of
|
0001| an offense less than first degree murder, is subject to the
|
0002| dispositions set forth in this section."
|
0003| Section 6. EFFECTIVE DATE.--The effective date of the
|
0004| provisions of this act is July 1, 1996.
|
0005|
|
0006|
|
0007| FORTY-SECOND LEGISLATURE HJC/HB 371
|
0008| SECOND SESSION, 1996 AND HB 376/a
|
0009|
|
0010| February 12, 1996
|
0011|
|
0012| Mr. President:
|
0013|
|
0014| Your JUDICIARY COMMITTEE, to whom has been referred
|
0015|
|
0016| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
|
0017| HOUSE BILLS 371 & 376
|
0018|
|
0019| has had it under consideration and reports same WITHOUT
|
0020| RECOMMENDATION, amended as follows:
|
0021|
|
0022| 1. On page 1, line 13, after the semicolon insert "REQUIRING THE
|
0023| CORRECTIONS DEPARTMENT TO IMPLEMENT A PROGRAM FOR SERIOUS YOUTHFUL
|
0024| OFFENDERS AND YOUTHFUL OFFENDERS;".
|
0025|
|
0001| 2. On page 14, line 22, after the period strike the remainder of
|
0002| the line and lines 23 through 25 in their entirety.
|
0003|
|
0004| 3. On page 15, strike lines 1 and 2 in their entirety.
|
0005|
|
0006| 4. On page 17, between lines 13 and 14 insert the following new
|
0007| section:
|
0008|
|
0009| "Section 6. Section 33-1-4.1 NMSA 1978 (being Laws 1993, Chapter
|
0010| 77, Section 230, as amended) is amended to read:
|
0011|
|
0012| "33-1-4.1. [VULNERABLE] SERIOUS YOUTHFUL OFFENDERS AND YOUTHFUL
|
0013| OFFENDERS PROGRAM--PREVENTION OF VICTIMIZATION--REGULATIONS.--
|
0014|
|
0015| A. The corrections department [may] shall develop and
|
0016| implement a special program for [certain male and female offenders who
|
have been identified by the department as being vulnerable] serious
|
0018| youthful offenders and youthful offenders who, if not provided with a
|
0019| special program, would be vulnerable to victimization by inmates and
|
0020| subject to unusual or extraordinary mental or physical harassment,
|
0021| intimidation, harm or injury.
|
0022|
|
0023| B. [Vulnerability shall be determined by] Placement
|
0024| factors such as age, mental health or special education needs shall be
|
0025| considered by the department. If an offender is less than twenty-one
|
0001| years of age, there shall be a rebuttable presumption that the offender
|
0002|
|
0003|
|
0004|
|
0005|
|
0006|
|
0007|
|
0008|
|
0009| is [vulnerable] in need of the program. [A vulnerable offenders]
|
0010| Implementation of the program shall not result in the diminution of
|
0011| civil rights for [vulnerable offenders] serious youthful offenders,
|
0012| youthful offenders or offenders less than twenty-one years of age.
|
0013|
|
0014| C. The department shall adopt regulations regarding the
|
0015| operation of the program for serious youthful offenders and youthful
|
0016| offenders, including regulations concerning when an offender may be
|
0017| discharged from the program."
|
0018|
|
0019| 4. Renumber the following section accordingly,
|
0020|
|
0021| and thence referred to the PUBLIC AFFAIRS COMMITTEE.
|
0022|
|
0023| Respectfully submitted,
|
0024|
|
0025|
|
0001|
|
0002| _________________________________
|
0003| Janice D. Paster, Chairman
|
0004|
|
0005|
|
0006| Adopted_______________________ Not Adopted______________________
|
0007| (Chief Clerk) (Chief Clerk)
|
0008|
|
0009|
|
0010| Date ________________________
|
0011|
|
0012|
|
0013| The roll call vote was 4 For 2 Against
|
0014| Yes: 4
|
0015| No: Stefanics, Tsosie
|
0016| Excused: None
|
0017| Absent: Carraro, Cisneros, Scott
|
0018|
|
0019|
|
0020| H0371JU1
|
0021|
|
0022|
|
0023| FORTY-SECOND LEGISLATURE
|
0024| SECOND SESSION, 1996
|
0025|
|
0001|
|
0002| February 13, 1996
|
0003|
|
0004| Mr. President:
|
0005|
|
0006| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
|
0007|
|
0008| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
|
0009| HOUSE BILLS 371 & 376, as amended
|
0010|
|
0011| has had it under consideration and reports same with recommendation that
|
0012| it DO PASS, and thence referred to the FINANCE COMMITTEE.
|
0013|
|
0014| Respectfully submitted,
|
0015|
|
0016|
|
0017|
|
0018| __________________________________
|
0019| Shannon Robinson, Chairman
|
0020|
|
0021|
|
0022|
|
0023| Adopted_______________________ Not Adopted_______________________
|
0024| (Chief Clerk) (Chief Clerk)
|
0025|
|
0001|
|
0002| Date ________________________
|
0003|
|
0004|
|
0005| The roll call vote was 5 For 0 Against
|
0006| Yes: 5
|
0007| No: 0
|
0008| Excused: E. Jennings, Rhodes, Wiener
|
0009| Absent: none
|
0010|
|
0011|
|
0012| H0371PA1
|
0013|
|
0014|
|
0015|
|
0016| FORTY-SECOND LEGISLATURE
|
0017| SECOND SESSION, 1996
|
0018|
|
0019|
|
0020| February 14, 1996
|
0021|
|
0022| Mr. President:
|
0023|
|
0024| Your FINANCE COMMITTEE, to whom has been referred
|
0025|
|
0001| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
|
0002| HOUSE BILL 371 AND 376, as amended
|
0003|
|
0004| has had it under consideration and reports same with recommendation that
|
0005| it DO PASS.
|
0006|
|
0007| Respectfully submitted,
|
0008|
|
0009|
|
0010|
|
0011| __________________________________
|
0012| Ben D. Altamirano, Chairman
|
0013|
|
0014|
|
0015|
|
0016| Adopted_______________________ Not Adopted_______________________
|
0017| (Chief Clerk) (Chief Clerk)
|
0018|
|
0019|
|
0020|
|
0021| Date ________________________
|
0022|
|
0023|
|
0024| The roll call vote was 8 For 0 Against
|
0025| Yes: 8
|
0001| No: 0
|
0002| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar
|
0003| Absent: None
|
0004|
|
0005|
|
0006| H0371FC1
|
0007|
|
0008|
|
0009| FORTY-SECOND LEGISLATURE
|
0010| SECOND SESSION, 1996
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0011|
|
0012|
|
0013| February 14, 1996
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0014|
|
0015| Mr. President:
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0016|
|
0017| Your FINANCE COMMITTEE, to whom has been referred
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0018|
|
0019| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
|
0020| HOUSE BILL 371 AND 376, as amended
|
0021|
|
0022| has had it under consideration and reports same with recommendation that
|
0023| it DO PASS.
|
0024|
|
0025| Respectfully submitted,
|
0001|
|
0002|
|
0003|
|
0004| __________________________________
|
0005| Ben D. Altamirano, Chairman
|
0006|
|
0007|
|
0008|
|
0009| Adopted_______________________ Not Adopted_______________________
|
0010| (Chief Clerk) (Chief Clerk)
|
0011|
|
0012|
|
0013|
|
0014| Date ________________________
|
0015|
|
0016|
|
0017| The roll call vote was 8 For 0 Against
|
0018| Yes: 8
|
0019| No: 0
|
0020| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar
|
0021| Absent: None
|
0022|
|
0023|
|
0024| H0371FC1
|
0025| FORTY-SECOND LEGISLATURE
|
0001| SECOND SESSION, 1996
|
0002|
|
0003|
|
0004|
|
0005| December 17, 1997
|
0006|
|
0007|
|
0008| SENATE FLOOR AMENDMENT number to HOUSE JUDICIARY COMMITTEE
|
0009| SUBSTITUTE FOR HOUSE BILLS
|
0010| 371 AND 376, as amended
|
0011|
|
0012| AMENDMENT sponsored by SENATOR L. SKIP VERNON
|
0013|
|
0014| 1. Delete the Senate Judiciary Committee amendments in their
|
0015| entirety.
|
0016|
|
0017|
|
0018|
|
0019|
|
0020|
|
0021| Senator L. Skip Vernon
|
0022|
|
0023|
|
0024|
|
0025| Adopted Not Adopted
|
0001|
|
0002| (Chief Clerk) (Chief Clerk)
|
0003|
|
0004|
|
0005| Date
|
0006| H0371FS1
|