0001|                         HOUSE BILL 538
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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|                         CISCO MCSORLEY
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0006|     
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0007|     
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0008|     
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0009|     FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0010|     
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0011|                             AN ACT
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0012|     RELATING TO CRIMINAL LAW; INCREASING CRIMINAL PENALTIES FOR
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0013|     FRAUDULENT CONDUCT AGAINST CERTAIN PERSONS; AMENDING A SECTION
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0014|     OF THE CRIMINAL SENTENCING ACT.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|       Section 1.  Section 31-18-16.1 NMSA 1978 (being Laws 1980,
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0018|     Chapter 36, Section 1, as amended) is amended to read:
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0019|       "31-18-16.1.  NONCAPITAL FELONIES AGAINST PERSONS SIXTY
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0020|     YEARS OF AGE OR OLDER OR HANDICAPPED PERSONS--ALTERATION OF
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0021|     BASIC SENTENCE--SUSPENSION AND DEFERRAL LIMITED.--
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0022|            A.  When a separate finding of fact by the court or
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0023|     jury shows that in the commission of a noncapital felony a
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0024|     person sixty years of age or older or who is handicapped was
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0025|     <u>defrauded or</u> intentionally injured, the basic sentence of
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0001|     imprisonment prescribed for the offense in Section 31-18-15 NMSA
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0002|     1978 shall be increased as follows:
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0003|                 <u>(1)  if the offender's fraudulent conduct
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<u></u>0004| <u>    results in a monetary loss, the basic sentence may be increased
</u>    |
<u></u>0005| <u>    by one year</u>;
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0006|                 <s>[(1)]</s> <u>(2)</u>  if the injury inflicted to the
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0007|     person is not likely to cause death or great bodily harm but
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0008|     does cause painful temporary disfigurement or temporary loss or
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0009|     impairment of the functions of any member or organ of the body,
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0010|     the basic sentence shall be increased by one year; provided that
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0011|     when the offender is a serious youthful offender or a youthful
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0012|     offender, the sentence imposed by this paragraph may be
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0013|     increased by one year; and
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0014|                 <s>[(2)]</s> <u>(3)</u>  if the injury inflicted to the
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0015|     person causes great bodily harm or is done with a deadly weapon
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0016|     or is done in any manner whereby great bodily harm or death
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0017|     could be inflicted, the basic sentence shall be increased by two
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0018|     years; provided that when the offender is a serious youthful
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0019|     offender or a youthful offender, the sentence imposed by this
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0020|     paragraph may be increased by two years.
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0021|            B.  If the case is tried before a jury and if a prima
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0022|     facie case has been established showing that in the commission
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0023|     of the offense a person sixty years of age or older or who is
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0024|     handicapped was <u>defrauded or</u> intentionally injured, the court
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0025|     shall submit the issue to the jury by special interrogatory.  If
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0001|     the case is tried by the court and if a prima facie case has
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0002|     been established showing that in the commission of the offense a
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0003|     person sixty years of age or older or who is handicapped was
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0004|     <u>defrauded or</u> intentionally injured, the court shall decide the
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0005|     issue and shall make a separate finding of fact thereon.
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0006|            C.  Any alteration of the basic sentence of
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0007|     imprisonment pursuant to the provisions of this section shall be
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0008|     served concurrently with any other enhancement alteration of
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0009|     basic sentence pursuant to the provisions of the Criminal
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0010|     Sentencing Act.
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0011|            D.  As used in this section, "handicapped" means that
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0012|     the person has a physical or mental impairment that
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0013|     substantially limits one or more of that person's functions,
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0014|     such as caring for himself, performing manual tasks, walking,
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0015|     seeing, hearing, speaking, breathing, learning and working."
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0016|       Section 2.  EFFECTIVE DATE.--The effective date of the
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0017|     provisions of this act is July 1, 1996.
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0018|                            - 3 -
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0019|     
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0020|     
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