0001|
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0002| SENATE BILL 14
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0003| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0004| 1996
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0005| INTRODUCED BY
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0006| GARY DON REAGAN
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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|
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0012| AN ACT
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0013| RELATING TO JUVENILE JUSTICE; CHANGING THE PREDICATE OFFENSES
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0014| FOR DELINQUENT OFFENDERS, YOUTHFUL OFFENDERS AND SERIOUS
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0015| YOUTHFUL OFFENDERS; AMENDING SECTIONS OF THE NMSA 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 31-18-15.2 NMSA 1978 (being Laws 1993,
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0019| Chapter 77, Section 1, as amended) is amended to read:
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0020| "31-18-15.2. DEFINITIONS.--As used in the Criminal
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0021| Sentencing Act:
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0022| A. "serious youthful offender" means an individual
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0023| sixteen or seventeen years of age who is charged with [and
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indicted or bound over for trial for] first degree murder or
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0025| who is charged with a felony, subsequent to a previous felony
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0001| conviction pursuant to serious youthful offender or youthful
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0002| offender proceedings; 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 to eighteen years of age at the
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0006| time of the offense and who is adjudicated for at least one of
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0007| 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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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| (l) abuse of a child that results in
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0009| great bodily harm or death to the child, as provided in Section
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0010| 30-6-1 NMSA 1978;
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0011| (m) trafficking controlled substances,
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0012| as provided in Subsection C of Section 30-31-20 NMSA 1978;
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0013| (n) homicide by vehicle or great bodily
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0014| injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
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0015| (o) attempt to commit any of the felony
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0016| offenses set forth in Subparagraphs (a) through (m) of this
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0017| paragraph, as provided in Section 30-28-1 NMSA 1978;
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0018| (p) conspiracy to commit any of the
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0019| felony offenses set forth in Subparagraphs (a) through (m) of
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0020| this paragraph, as provided in Section 30-28-2 NMSA 1978;
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0021| (q) attempt to commit first degree
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0022| murder, as provided in Section 30-28-1 NMSA 1978; or
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0023| (r) conspiracy to commit first degree
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0024| murder, as provided in Section 30-28-2 NMSA 1978;
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0025| (2) fifteen to eighteen years of age at the
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0001| time of the offense and adjudicated for any felony offense and
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0002| who has had [three] two prior, separate felony adjudications
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0003| within a two-year time period or three prior, separate felony
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0004| adjudications within a five-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
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0008| time and location. Successful completion of consent decrees is
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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) fifteen years of age and adjudicated for
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0012| first degree murder, as provided in Section 30-2-1 NMSA 1978."
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0013| Section 2. Section 32A-2-3 NMSA 1978 (being Laws 1993,
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0014| Chapter 77, Section 32, as amended by Laws 1995, Chapter 204,
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0015| Section 2 and by Laws 1995, Chapter 205, Section 2 and also by
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0016| Laws 1995, Chapter 206, Section 10) is amended to read:
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0017| "32A-2-3. DEFINITIONS.--As used in the Delinquency Act:
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0018| A. "delinquent act" means an act committed by a
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0019| child that would be designated as a crime under the law if
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0020| committed by an adult, including [but not limited to] the
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0021| following offenses:
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0022| (1) pursuant to municipal traffic codes or the
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0023| Motor Vehicle Code:
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0024| (a) any driving while under the influence
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0025| of intoxicating liquor or drugs;
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0001| (b) any failure to stop in the event of
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0002| an accident causing death, personal injury or damage to
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0003| property;
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0004| (c) any unlawful taking of a vehicle or
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0005| motor vehicle;
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0006| (d) any receiving or transferring of a
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0007| stolen vehicle or motor vehicle;
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0008| [(e) any homicide by vehicle;
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(f)] (e) any injuring or tampering
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0010| with a vehicle;
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0011| [(g)] (f) any altering or changing of
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0012| an engine number or other vehicle identification numbers;
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0013| [(h)] (g) any altering or forging of
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0014| a driver's license or permit or any making of a fictitious
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0015| license or permit;
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0016| [(i)] (h) reckless driving;
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0017| [(j)] (i) driving with a suspended or
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0018| revoked license; or
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0019| [(k)] (j) any offense punishable as a
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0020| felony;
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0021| (2) buying, attempting to buy, receiving,
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0022| possessing or being served any alcoholic liquor or being present
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0023| in a licensed liquor establishment, other than a restaurant or a
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0024| licensed retail liquor establishment, except in the presence of
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0025| the child's parent, guardian, custodian or adult spouse. As
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0001| used in this paragraph, "restaurant" means any establishment
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0002| where meals are prepared and served primarily for on-premises
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0003| consumption and that has a dining room, a kitchen and the
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0004| employees necessary for preparing, cooking and serving meals.
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0005| "Restaurant" does not include establishments, as defined in
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0006| regulations promulgated by the director of the special
|
0007| investigations division of the department of public safety, that
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0008| serve only hamburgers, sandwiches, salads and other fast foods;
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0009| (3) any felony violation of the provisions of
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0010| Sections 17-1-1 through 17-5-9 NMSA 1978 or any regulations
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0011| adopted by the state game commission that relate to the time,
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0012| extent, means or manner that game animals, birds or fish may be
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0013| hunted, taken, captured, killed, possessed, sold, purchased or
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0014| shipped and for which a fine may be imposed or a civil damage
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0015| awarded;
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0016| (4) any violation of Section 30-29-2 NMSA 1978,
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0017| regarding the illegal use of a glue, aerosol spray product or
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0018| other chemical substance;
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0019| (5) any violation of the Controlled Substances
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0020| Act except a violation of Subsection C of Section 30-31-20 NMSA
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0021| 1978; [or]
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0022| (6) escape from the custody of a law
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0023| enforcement officer or a juvenile probation or parole officer or
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0024| from any placement made by the department by a child who has
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0025| been adjudicated a delinquent child; or
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0001| (7) any violation of Section 30-15-1.1 NMSA
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0002| 1978 regarding unauthorized graffiti on personal or real
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0003| property;
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0004| B. "delinquent child" means a child who has
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0005| committed a delinquent act;
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0006| C. "delinquent offender" means a delinquent child
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0007| who is subject to juvenile sanctions only and who is not a
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0008| youthful offender or a serious youthful offender;
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0009| D. "detention facility" means a place where a child
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0010| may be detained under the Children's Code pending court hearing
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0011| and does not include a facility for the care and rehabilitation
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0012| of an adjudicated delinquent child;
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0013| E. "felony" means an act that would be a felony if
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0014| committed by an adult;
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0015| F. "misdemeanor" means an act that would be a
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0016| misdemeanor or petty misdemeanor if committed by an adult;
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0017| G. "restitution" means financial reimbursement by
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0018| the child to the victim or community service imposed by the
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0019| court and is limited to easily ascertainable damages for injury
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0020| to or loss of property, actual expenses incurred for medical,
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0021| psychiatric and psychological treatment for injury to a person
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0022| and lost wages resulting from physical injury, which are a
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0023| direct and proximate result of a delinquent act. "Restitution"
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0024| does not include reimbursement for damages for mental anguish,
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0025| pain and suffering or other intangible losses. As used in this
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0001| subsection, "victim" means any person who is injured or suffers
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0002| damage of any kind by an act that is the subject of a complaint
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0003| or referral to law enforcement officers or juvenile probation
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0004| authorities. Nothing contained in this definition limits or
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0005| replaces the provisions of Subsections A and B of Section
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0006| 32A-2-27 NMSA 1978;
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0007| H. "serious youthful offender" means an individual
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0008| sixteen or seventeen years of age who is charged with [and
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indicted or bound over for trial for] first degree murder or
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0010| who is charged with a felony, subsequent to a previous felony
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0011| conviction pursuant to serious youthful offender or youthful
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0012| offender proceedings. A "serious youthful offender" is not a
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0013| delinquent child as defined pursuant to the provisions of this
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0014| section; and
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0015| I. "youthful offender" means a delinquent child
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0016| subject to adult or juvenile sanctions who is:
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0017| (1) fifteen to eighteen years of age at the
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0018| time of the offense and who is adjudicated for at least one of
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0019| the following offenses:
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0020| (a) second degree murder, as provided in
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0021| Section 30-2-1 NMSA 1978;
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0022| (b) assault with intent to commit a
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0023| violent felony, as provided in Section 30-3-3 NMSA 1978;
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0024| (c) kidnapping, as provided in Section
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0025| 30-4-1 NMSA 1978;
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0001| (d) aggravated battery, as provided in
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0002| Subsection C of Section 30-3-5 NMSA 1978;
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0003| (e) aggravated battery upon a peace
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0004| officer, as provided in Subsection C of Section 30-22-25 NMSA
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0005| 1978;
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0006| [(e)] (f) shooting at a dwelling or
|
0007| occupied building or shooting at or from a motor vehicle,
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0008| [which results in great bodily harm to another person] as
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0009| provided in Section 30-3-8 NMSA 1978;
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0010| [(f)] (g) dangerous use of
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0011| explosives, as provided in Section 30-7-5 NMSA 1978;
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0012| [(g)] (h) criminal sexual
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0013| penetration, as provided in Section 30-9-11 NMSA 1978;
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0014| [(h)] (i) robbery, as provided in
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0015| Section 30-16-2 NMSA 1978;
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0016| [(i)] (j) aggravated burglary, as
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0017| provided in Section 30-16-4 NMSA 1978; [or
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(j)] (k) aggravated arson, as provided
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0019| in Section 30-17-6 NMSA 1978;
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0020| (l) abuse of a child that results in
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0021| great bodily harm or death to the child, as provided in Section
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0022| 30-6-1 NMSA 1978;
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0023| (m) trafficking controlled substances,
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0024| as provided in Subsection C of Section 30-31-20 NMSA 1978;
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0025| (n) homicide by vehicle or great bodily
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0001| injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
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0002| (o) attempt to commit any of the felony
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0003| offenses set forth in Subparagraphs (a) through (m) of this
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0004| paragraph, as provided in section 30-28-1 NMSA 1978;
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0005| (p) conspiracy to commit any of the
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0006| felony offenses set forth in Subparagraphs (a) through (m) of
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0007| this paragraph, as provided in Section 30-28-2 NMSA 1978;
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0008| (q) attempt to commit first degree
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0009| murder, as provided in Section 30-28-1 NMSA 1978; or
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0010| (r) conspiracy to commit first degree
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0011| murder, as provided in Section 30-28-2 NMSA 1978;
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0012| (2) fifteen to eighteen years of age at the
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0013| time of the offense and adjudicated for any felony offense and
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0014| who has had [three] two prior, separate felony adjudications
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0015| within a [three-year] two-year time period or three prior,
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0016| separate felony adjudications within a five-year time period
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0017| immediately preceding the instant offense. The felony
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0018| adjudications relied upon as prior adjudications shall not have
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0019| arisen out of the same transaction or occurrence or series of
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0020| events related in time and location. Successful completion of
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0021| consent decrees are not considered a prior adjudication for the
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0022| purposes of this paragraph; or
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0023| (3) fifteen years of age and adjudicated for
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0024| first degree murder, as provided in Section 30-2-1 NMSA 1978."
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0025| Section 3. EFFECTIVE DATE.--The effective date of the
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0001| provisions of this act is July 1, 1996.
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0002|
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0003|
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0004| FORTY-SECOND LEGISLATURE
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0005| SECOND SESSION, 1996
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0006|
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0007|
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0008| JANUARY 18, 1996
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0009|
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0010| Mr. President:
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0011|
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0012| Your COMMITTEES' COMMITTEE, to whom has been referred
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0013|
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0014| SENATE BILL 14
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0015|
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0016| has had it under consideration and finds same to be NOT GERMANE.
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0017|
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0018| Respectfully submitted,
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0019|
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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| SENATOR MANNY M. ARAGON, Chairman
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0025|
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0001|
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0002|
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0003| Adopted_______________________ Not Adopted_______________________
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006|
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0007| Date ________________________
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0008|
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0009|
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0010|
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0011| The roll call vote was For Against
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0012| Yes:
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0013| No:
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0014| Excused:
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0015| Absent:
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0016|
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0017|
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0018| S0014CC1
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0019|
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0020| FORTY-SECOND LEGISLATURE
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0021| SECOND SESSION, 1996
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0022|
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0023|
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0024| February 10, 1996
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0025|
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0001| Mr. President:
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0002|
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0003| Your JUDICIARY COMMITTEE, to whom has been referred
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0004|
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0005| SENATE BILLS 14 AND 56
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0006|
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0007| has had them under consideration and reports same with recommendation
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0008| that they DO NOT PASS, but that
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0009|
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0010| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0011| SENATE BILLS 14 AND 56
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0012|
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0013| DO PASS, and thence referred to the 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| Janice D. Paster, Chairman
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0021|
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0022|
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0023| Adopted_______________________ Not Adopted_______________________
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0024| (Chief Clerk) (Chief Clerk)
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0025|
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0001| Date ________________________
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0002|
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0003|
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0004| The roll call vote was 5 For 2 Against
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0005| Yes: 5
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0006| No: Sanchez, Tsosie
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0007| Excused: Carraro, Stefanics
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0008| Absent: None
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0009|
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0010| S0014JU1
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0011| S0056JU1 SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0012| SENATE BILLS 14 & 56
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0013| 42nd legislature - STATE OF NEW MEXICO - second session, 1996
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0014|
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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| AN ACT
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0022| RELATING TO JUVENILE JUSTICE; CHANGING THE AGE DESIGNATIONS FOR
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0023| SERIOUS YOUTHFUL OFFENDERS AND YOUTHFUL OFFENDERS; EXPANDING THE
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0024| LIST OF PREDICATE OFFENSES FOR YOUTHFUL OFFENDERS; REQUIRING THE
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0025| CORRECTIONS DEPARTMENT TO IMPLEMENT A PROGRAM FOR SERIOUS
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0001| YOUTHFUL OFFENDERS AND YOUTHFUL OFFENDERS; AMENDING SECTIONS OF
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0002| THE NMSA 1978.
|
0003|
|
0004| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0005| Section 1. Section 31-18-15.2 NMSA 1978 (being Laws 1993,
|
0006| Chapter 77, Section 1, as amended) is amended to read:
|
0007| "31-18-15.2. DEFINITIONS.--As used in the Criminal
|
0008| Sentencing Act:
|
0009| A. "serious youthful offender" means an individual
|
0010| [sixteen or seventeen] fifteen to eighteen years of age who
|
0011| is charged with and indicted or bound over for trial for first
|
0012| degree murder; and
|
0013| B. "youthful offender" means a delinquent child
|
0014| subject to adult or juvenile sanctions who is:
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0015| (1) [fifteen] fourteen to eighteen years of
|
0016| age at the time of the offense and who is adjudicated for at
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0017| least one of the following offenses:
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0018| (a) second degree murder, as provided in
|
0019| Section 30-2-1 NMSA 1978;
|
0020| (b) assault with intent to commit a violent
|
0021| felony, as provided in Section 30-3-3 NMSA 1978;
|
0022| (c) kidnapping, as provided in Section 30-4-1
|
0023| NMSA 1978;
|
0024| (d) aggravated battery, as provided in
|
0025| Subsection C of Section 30-3-5 NMSA 1978;
|
0001| (e) aggravated battery upon a peace officer,
|
0002| as provided in Subsection C of Section 30-22-25 NMSA 1978;
|
0003| (f) shooting at a dwelling or occupied
|
0004| building or shooting at or from a motor vehicle, which results
|
0005| in great bodily harm to another person, as provided in Section
|
0006| 30-3-8 NMSA 1978;
|
0007| (g) dangerous use of explosives, as provided
|
0008| in Section 30-7-5 NMSA 1978;
|
0009| (h) criminal sexual penetration, as provided
|
0010| in Section 30-9-11 NMSA 1978;
|
0011| (i) robbery, as provided in Section 30-16-2
|
0012| NMSA 1978;
|
0013| (j) aggravated burglary, as provided in
|
0014| Section 30-16-4 NMSA 1978; [or]
|
0015| (k) aggravated arson, as provided in Section
|
0016| 30-17-6 NMSA 1978; or
|
0017| (l) abuse of a child that results in great
|
0018| bodily harm or death to the child, as provided in Section 30-6-1
|
0019| NMSA 1978;
|
0020| (2) [fifteen] fourteen to eighteen years of age
|
0021| at the time of the offense and adjudicated for any felony offense
|
0022| and who has had three prior, separate felony adjudications within a
|
0023| [two-year] three-year time period immediately preceding the
|
0024| instant offense. The felony adjudications relied upon as prior
|
0025| adjudications shall not have arisen out of the same transaction or
|
0001| occurrence or series of events related in time and location.
|
0002| Successful completion of consent decrees is not considered a prior
|
0003| adjudication for the purposes of this paragraph; or
|
0004| (3) [fifteen] fourteen years of age and
|
0005| adjudicated for first degree murder, as provided in Section 30-2-1
|
0006| NMSA 1978."
|
0007| Section 2. Section 32A-2-3 NMSA 1978 (being Laws 1993,
|
0008| Chapter 77, Section 32, as amended by Laws 1995, Chapter 204,
|
0009| Section 2 and by Laws 1995, Chapter 205, Section 2 and also by Laws
|
0010| 1995, Chapter 206, Section 10) is amended to read:
|
0011| "32A-2-3. DEFINITIONS.--As used in the Delinquency Act:
|
0012| A. "delinquent act" means an act committed by a child
|
0013| that would be designated as a crime under the law if committed by
|
0014| an adult, including [but not limited to] the following offenses:
|
0015| (1) pursuant to municipal traffic codes or the Motor
|
0016| Vehicle Code:
|
0017| (a) any driving while under the influence of
|
0018| intoxicating liquor or drugs;
|
0019| (b) any failure to stop in the event of an
|
0020| accident causing death, personal injury or damage to property;
|
0021| (c) any unlawful taking of a vehicle or motor
|
0022| vehicle;
|
0023| (d) any receiving or transferring of a stolen
|
0024| vehicle or motor vehicle;
|
0025| (e) any homicide by vehicle;
|
0001| (f) any injuring or tampering with a vehicle;
|
0002| (g) any altering or changing of an engine
|
0003| number or other vehicle identification numbers;
|
0004| (h) any altering or forging of a driver's
|
0005| license or permit or any making of a fictitious license or permit;
|
0006| (i) reckless driving;
|
0007| (j) driving with a suspended or revoked
|
0008| license; or
|
0009| (k) any offense punishable as a felony;
|
0010| (2) buying, attempting to buy, receiving, possessing
|
0011| or being served any alcoholic liquor or being present in a licensed
|
0012| liquor establishment, other than a restaurant or a licensed retail
|
0013| liquor establishment, except in the presence of the child's parent,
|
0014| guardian, custodian or adult spouse. As used in this paragraph,
|
0015| "restaurant" means any establishment where meals are prepared and
|
0016| served primarily for on-premises consumption and that has a dining
|
0017| room, a kitchen and the employees necessary for preparing, cooking
|
0018| and serving meals. "Restaurant" does not include establishments,
|
0019| as defined in regulations promulgated by the director of the
|
0020| special investigations division of the department of public safety,
|
0021| that serve only hamburgers, sandwiches, salads and other fast
|
0022| foods;
|
0023| (3) any felony violation of the provisions of
|
0024| Sections 17-1-1 through 17-5-9 NMSA 1978 or any regulations adopted
|
0025| by the state game commission that relate to the time, extent, means
|
0001| or manner that game animals, birds or fish may be hunted, taken,
|
0002| captured, killed, possessed, sold, purchased or shipped and for
|
0003| which a fine may be imposed or a civil damage awarded;
|
0004| (4) any violation of Section 30-29-2 NMSA 1978,
|
0005| regarding the illegal use of a glue, aerosol spray product or other
|
0006| chemical substance;
|
0007| (5) any violation of the Controlled Substances Act;
|
0008| [or]
|
0009| (6) escape from the custody of a law enforcement
|
0010| officer or a juvenile probation or parole officer or from any
|
0011| placement made by the department by a child who has been
|
0012| adjudicated a delinquent child; or
|
0013| (7) any violation of Section 30-15-1.1 NMSA 1978
|
0014| regarding unauthorized graffiti on personal or real property;
|
0015| B. "delinquent child" means a child who has committed a
|
0016| delinquent act;
|
0017| C. "delinquent offender" means a delinquent child who is
|
0018| subject to juvenile sanctions only and who is not a youthful
|
0019| offender or a serious youthful offender;
|
0020| D. "detention facility" means a place where a child may
|
0021| be detained under the Children's Code pending court hearing and
|
0022| does not include a facility for the care and rehabilitation of an
|
0023| adjudicated delinquent child;
|
0024| E. "felony" means an act that would be a felony if
|
0025| committed by an adult;
|
0001| F. "misdemeanor" means an act that would be a misdemeanor
|
0002| or petty misdemeanor if committed by an adult;
|
0003| G. "restitution" means financial reimbursement by the
|
0004| child to the victim or community service imposed by the court and
|
0005| is limited to easily ascertainable damages for injury to or loss of
|
0006| property, actual expenses incurred for medical, psychiatric and
|
0007| psychological treatment for injury to a person and lost wages
|
0008| resulting from physical injury, which are a direct and proximate
|
0009| result of a delinquent act. "Restitution" does not include
|
0010| reimbursement for damages for mental anguish, pain and suffering or
|
0011| other intangible losses. As used in this subsection, "victim"
|
0012| means any person who is injured or suffers damage of any kind by an
|
0013| act that is the subject of a complaint or referral to law
|
0014| enforcement officers or juvenile probation authorities. Nothing
|
0015| contained in this definition limits or replaces the provisions of
|
0016| Subsections A and B of Section
|
0017| 32A-2-27 NMSA 1978;
|
0018| H. "serious youthful offender" means an individual
|
0019| [sixteen or seventeen] fifteen to eighteen years of age who is
|
0020| charged with and indicted or bound over for trial for first degree
|
0021| murder. A "serious youthful offender" is not a delinquent child as
|
0022| defined pursuant to the provisions of this section; and
|
0023| I. "youthful offender" means a delinquent child subject
|
0024| to adult or juvenile sanctions who is:
|
0025| (1) [fifteen] fourteen to eighteen years of age
|
0001| at the time of the offense and who is adjudicated for at least one
|
0002| of the following offenses:
|
0003| (a) second degree murder, as provided in
|
0004| Section 30-2-1 NMSA 1978;
|
0005| (b) assault with intent to commit a violent
|
0006| felony, as provided in Section 30-3-3 NMSA 1978;
|
0007| (c) kidnapping, as provided in Section
|
0008| 30-4-1 NMSA 1978;
|
0009| (d) aggravated battery, as provided in
|
0010| Subsection C of Section 30-3-5 NMSA 1978;
|
0011| (e) aggravated battery upon a peace officer,
|
0012| as provided in Subsection C of Section 30-22-25 NMSA 1978;
|
0013| [(e)] (f) shooting at a dwelling or
|
0014| occupied building or shooting at or from a motor vehicle, [which
|
results in great bodily harm to another person] as provided in
|
0016| Section 30-3-8 NMSA 1978;
|
0017| [(f)] (g) dangerous use of explosives, as
|
0018| provided in Section 30-7-5 NMSA 1978;
|
0019| [(g)] (h) criminal sexual penetration, as
|
0020| provided in Section 30-9-11 NMSA 1978;
|
0021| [(h)] (i) robbery, as provided in Section
|
0022| 30-16-2 NMSA 1978;
|
0023| [(i)] (j) aggravated burglary, as provided
|
0024| in Section 30-16-4 NMSA 1978; [or
|
(j)] (k) aggravated arson, as provided in
|
0001| Section 30-17-6 NMSA 1978; or
|
0002| (l) abuse of a child that results in great
|
0003| bodily harm or death to the child, as provided in Section 30-6-1
|
0004| NMSA 1978;
|
0005| (2) [fifteen] fourteen to eighteen years of age
|
0006| at the time of the offense and adjudicated for any felony offense
|
0007| and who has had three prior, separate felony adjudications within a
|
0008| three-year time period immediately preceding the instant offense.
|
0009| The felony adjudications relied upon as prior adjudications shall
|
0010| not have arisen out of the same transaction or occurrence or series
|
0011| of events related in time and location. Successful completion of
|
0012| consent decrees are not considered a prior adjudication for the
|
0013| purposes of this paragraph; or
|
0014| (3) [fifteen] fourteen years of age and
|
0015| adjudicated for first degree murder, as provided in Section 30-2-1
|
0016| NMSA 1978."
|
0017| Section 3. Section 32A-2-18 NMSA 1978 (being Laws 1993,
|
0018| Chapter 77, Section 47) is amended to read:
|
0019| "32A-2-18. JUDGMENT--NONCRIMINAL NATURE--[NONADMISSABILITY]
|
0020| NONADMISSIBILITY.--
|
0021| A. The court shall enter a judgment setting forth the
|
0022| court's findings and disposition in the proceeding. A judgment in
|
0023| proceedings on a petition under the Delinquency Act resulting in a
|
0024| juvenile disposition shall not be deemed a conviction of crime nor
|
0025| shall it impose any civil disabilities ordinarily resulting from
|
0001| conviction of a crime nor shall it operate to disqualify the child
|
0002| in any civil service application or appointment. The juvenile
|
0003| disposition of a child and any evidence given in a hearing in court
|
0004| shall not be admissible as evidence against the child in any case
|
0005| or proceeding in any other tribunal whether before or after
|
0006| reaching the age of majority, except in sentencing proceedings
|
0007| after conviction of a felony and then only for the purpose of a
|
0008| presentence study and report.
|
0009| B. If a judgment resulting from a youthful offender or
|
0010| serious youthful offender proceeding under the Delinquency Act
|
0011| results in an adult sentence, a record of the judgment shall be
|
0012| admissible in any other case or proceeding in any other court
|
0013| involving the youthful offender or serious youthful offender,
|
0014| except the record shall not be admissible in any proceeding for
|
0015| alteration of a basic sentence pursuant to the provisions of
|
0016| Section 31-18-17, 31-18-23 or 31-18-24 NMSA 1978.
|
0017| C. If a judgment on a proceeding under the Delinquency
|
0018| Act results in an adult sentence, the determination of guilt at
|
0019| trial becomes a conviction for purposes of the Criminal Code."
|
0020| Section 4. Section 32A-2-19 NMSA 1978 (being Laws 1993,
|
0021| Chapter 77, Section 48, as amended by Laws 1995, Chapter 204,
|
0022| Section 3 and also by Laws 1995, Chapter 206, Section 13) is
|
0023| amended to read:
|
0024| "32A-2-19. DISPOSITION OF AN ADJUDICATED DELINQUENT
|
0025| OFFENDER.--
|
0001| A. At the conclusion of the dispositional hearing, the
|
0002| court may make and include in the dispositional judgment its
|
0003| findings on the following:
|
0004| (1) the interaction and interrelationship of the
|
0005| child with the child's [parent] parents, siblings and any other
|
0006| person who may significantly affect the child's best interests;
|
0007| (2) the child's adjustment to his home, school and
|
0008| community;
|
0009| (3) the mental and physical health of all
|
0010| individuals involved;
|
0011| (4) the wishes of the child as to his custodian;
|
0012| (5) the wishes of the child's [parent] parents
|
0013| as to the child's custody;
|
0014| (6) whether there exists a relative of the child or
|
0015| other individual who, after study by the department, is found to be
|
0016| qualified to receive and care for the child;
|
0017| (7) the availability of services recommended in the
|
0018| predisposition report; and
|
0019| (8) the ability of the parents to care for the child
|
0020| in the home.
|
0021| B. If a child is found to be delinquent, the court may
|
0022| impose a fine not to exceed the fine that could be imposed if the
|
0023| child were an adult and may enter its judgment making any of the
|
0024| following dispositions for the supervision, care and rehabilitation
|
0025| of the child:
|
0001| (1) any disposition that is authorized for the
|
0002| disposition of a neglected or abused child, in accordance with the
|
0003| Abuse and Neglect Act;
|
0004| (2) transfer legal custody to the department, an
|
0005| agency responsible for the care and rehabilitation of delinquent
|
0006| children, which shall receive the child at a facility designated by
|
0007| the secretary of the department as a juvenile reception facility.
|
0008| The department shall thereafter determine the appropriate
|
0009| placement, supervision and rehabilitation program for the child.
|
0010| The judge may include recommendations for placement of the child.
|
0011| Commitments are subject to limitations and modifications set forth
|
0012| in Section 32A-2-23 NMSA 1978. The types of commitments include:
|
0013| (a) a short-term commitment of one year;
|
0014| (b) a long-term commitment for no more than two
|
0015| years in a long-term facility for the care and rehabilitation of
|
0016| adjudicated delinquent children; [or]
|
0017| (c) if the child is a delinquent offender who
|
0018| committed one of the criminal offenses set forth in Subsection I of
|
0019| Section 32A-2-3 NMSA 1978, a commitment to age twenty-one, unless
|
0020| sooner discharged; or
|
0021| [(c)] (d) if the child is a youthful
|
0022| offender, a commitment to age twenty-one, unless sooner discharged;
|
0023| (3) place the child on probation under those
|
0024| conditions and limitations as the court may prescribe;
|
0025| (4) place the child in a local detention facility
|
0001| that has been certified in accordance with the provisions of
|
0002| Section 32A-2-4 NMSA 1978 for a period not to exceed fifteen days
|
0003| within a three hundred sixty-five day time period;
|
0004| (5) if a child is found to be delinquent solely on
|
0005| the basis of Paragraph (3) of Subsection A of Section 32A-2-3 NMSA
|
0006| 1978, the court shall only enter a judgment placing the child on
|
0007| probation or ordering restitution or imposing a fine not to exceed
|
0008| the fine that could be imposed if the child were an adult or any
|
0009| combination of these dispositions; or
|
0010| (6) if a child is found to be delinquent solely on
|
0011| the basis of Paragraph (2), (4) or (5) of Subsection A of Section
|
0012| 32A-2-3 NMSA 1978, the court may make any disposition provided by
|
0013| this section and may enter its judgment placing the child on
|
0014| probation and, as a condition of probation, transfer custody of the
|
0015| child to the department for a period not to exceed six months
|
0016| without further order of the court; provided that this transfer
|
0017| shall not be made unless the court first determines that the
|
0018| department is able to provide or contract for adequate and
|
0019| appropriate treatment for the child and that the treatment is
|
0020| likely to be beneficial.
|
0021| C. When the child is an Indian child, the Indian child's
|
0022| cultural needs shall be considered in the dispositional judgment
|
0023| and reasonable access to cultural practices and traditional
|
0024| treatment shall be provided.
|
0025| D. No child found to be delinquent shall be committed or
|
0001| transferred to a penal institution or other facility used for the
|
0002| execution of sentences of persons convicted of crimes.
|
0003| E. Whenever the court vests legal custody in an agency,
|
0004| institution or department, it shall transmit with the dispositional
|
0005| judgment copies of the clinical reports, predisposition study and
|
0006| report and other information it has pertinent to the care and
|
0007| treatment of the child.
|
0008| F. Prior to any child being placed in the custody of the
|
0009| department, the department shall be provided with reasonable oral
|
0010| or written notification and an opportunity to be heard.
|
0011| G. In addition to any other disposition pursuant to this
|
0012| section or any other penalty provided by law, if a child fifteen
|
0013| years of age or older is adjudicated delinquent on the basis of
|
0014| Paragraph (2), (4) or (5) of Subsection A of Section
|
0015| 32A-2-3 NMSA 1978, the child's driving privileges may be denied or
|
0016| the child's driver's license may be revoked for a period of ninety
|
0017| days. For a second or a subsequent adjudication, the child's
|
0018| driving privileges may be denied or the child's driver's license
|
0019| revoked for a period of one year. Within twenty-four hours of the
|
0020| dispositional judgment, the court may send to the motor vehicle
|
0021| division of the taxation and revenue department the order
|
0022| adjudicating delinquency. Upon receipt of an order from the court
|
0023| adjudicating delinquency, the director of the motor vehicle
|
0024| division of the taxation and revenue department may revoke or deny
|
0025| the delinquent's driver's license or driving privileges. Nothing
|
0001| in this section may prohibit the delinquent from applying for a
|
0002| limited driving privilege pursuant to Section 66-5-35 NMSA 1978,
|
0003| and nothing in this section precludes the delinquent's
|
0004| participation in an appropriate educational, counseling or
|
0005| rehabilitation program.
|
0006| H. In addition to any other disposition pursuant to this
|
0007| section or any other penalty provided by law, when a child is
|
0008| adjudicated delinquent on the basis of Paragraph (7) of Subsection
|
0009| A of Section 32A-2-3 NMSA 1978, the child shall perform the
|
0010| mandatory community service set forth in Section 30-15-1.1 NMSA
|
0011| 1978. When a child fails to completely perform the mandatory
|
0012| community service, the name and address of the person with physical
|
0013| custody of the child shall be published in a newspaper of general
|
0014| circulation, accompanied by a notice that he is the parent or legal
|
0015| guardian of a child adjudicated delinquent for committing
|
0016| graffiti."
|
0017| Section 5. Section 32A-2-20 NMSA 1978 (being Laws 1993,
|
0018| Chapter 77, Section 49, as amended) is amended to read:
|
0019| "32A-2-20. DISPOSITION OF A YOUTHFUL OFFENDER.--
|
0020| A. The court has the discretion to invoke either an adult
|
0021| sentence or juvenile sanctions on a youthful offender. The
|
0022| children's court attorney shall file a notice of intent to invoke
|
0023| an adult sentence within ten working days of the filing of the
|
0024| petition, provided that the court may extend the time for filing of
|
0025| the notice of intent to invoke an adult sentence, for good cause
|
0001| shown, prior to the adjudicatory hearing. A preliminary hearing by
|
0002| the court or a hearing before a grand jury shall be held, within
|
0003| ten days after the filing of the intent to invoke an adult
|
0004| sentence, to determine whether probable cause exists to support the
|
0005| allegations contained in the petition.
|
0006| B. If the children's court attorney has filed a notice of
|
0007| intent to invoke an adult sentence and the child is adjudicated as
|
0008| a youthful offender, the court shall make the following findings in
|
0009| order to invoke an adult sentence:
|
0010| (1) the child is not amenable to treatment or
|
0011| rehabilitation as a child in available facilities; and
|
0012| (2) the child is not eligible for commitment to an
|
0013| institution for the developmentally disabled or mentally
|
0014| disordered.
|
0015| C. In making the findings set forth in Subsection B of
|
0016| this section, the judge shall consider the following factors: (1) the seriousness of the alleged offense;
|
0017| (2) whether the alleged offense was committed in an
|
0018| aggressive, violent, premeditated or willful manner;
|
0019| (3) whether a firearm was used to commit the
|
0020| alleged offense;
|
0021| [(3)] (4) whether the alleged offense was
|
0022| against persons or against property, greater weight being given to
|
0023| offenses against persons, especially if personal injury resulted;
|
0024| [(4)] (5) the sophistication and maturity of the
|
0025| child as determined by consideration of the child's home,
|
0001| environmental situation, emotional attitude and pattern of living;
|
0002| [(5)] (6) the record and previous history of the
|
0003| child;
|
0004| [(6)] (7) the prospects for adequate protection
|
0005| of the public and the likelihood of reasonable rehabilitation of
|
0006| the child by the use of procedures, services and facilities
|
0007| currently available; and
|
0008| [(7)] (8) any other relevant factor, provided
|
0009| that factor is stated on the record.
|
0010| D. If the court invokes an adult sentence, the court may
|
0011| sentence the child to less than, but shall not exceed, the
|
0012| mandatory adult sentence. A youthful offender given an adult
|
0013| sentence shall be treated as an adult offender and shall be
|
0014| transferred to the legal custody of an agency responsible for
|
0015| incarceration of persons sentenced to adult sentences. This
|
0016| transfer terminates the jurisdiction of the court over the child
|
0017| with respect to the delinquent acts alleged in the petition.
|
0018| E. If a juvenile disposition is appropriate, the court
|
0019| shall follow the provisions set forth in Section 32A-2-19 NMSA
|
0020| 1978. A youthful offender may be subject to extended commitment in
|
0021| the care of the department until the age of twenty-one, pursuant to
|
0022| the provisions of Section 32A-2-23 NMSA 1978.
|
0023| F. A [sixteen or seventeen] fourteen to eighteen year
|
0024| old child charged with first degree murder, but convicted of an
|
0025| offense less than first degree murder, is subject to the
|
0001| dispositions set forth in this section."
|
0002| Section 6. Section 33-1-4.1 NMSA 1978 (being Laws 1993,
|
0003| Chapter 77, Section 230, as amended) is amended to read:
|
0004| "33-1-4.1. [VULNERABLE] SERIOUS YOUTHFUL OFFENDERS AND
|
0005| YOUTHFUL OFFENDERS PROGRAM--PREVENTION OF VICTIMIZATION--REGULATIONS.--
|
0006| A. The corrections department [may] shall develop and
|
0007| implement a special program for [certain male and female offenders
|
who have been identified by the department as being vulnerable]
|
0009| serious youthful offenders and youthful offenders who, if not
|
0010| provided with a special program, would be vulnerable to
|
0011| victimization by inmates and subject to unusual or extraordinary
|
0012| mental or physical harassment, intimidation, harm or injury.
|
0013| B. [Vulnerability shall be determined by] Placement
|
0014| factors such as age, mental health or special education needs
|
0015| shall be considered by the department. If an offender is less
|
0016| than twenty-one years of age, there shall be a rebuttable
|
0017| presumption that the offender is [vulnerable] in need of the
|
0018| program. [A vulnerable offenders] Implementation of the
|
0019| program shall not result in the diminution of civil rights for
|
0020| [vulnerable offenders] serious youthful offenders, youthful
|
0021| offenders or offenders less than twenty-one years of age.
|
0022| C. The department shall adopt regulations regarding the
|
0023| operation of the program for serious youthful offenders and
|
0024| youthful offenders, including regulations concerning when an
|
0025| offender may be discharged from the program."
|
0001| Section 7. EFFECTIVE DATE.--The effective date of the
|
0002| provisions of this act is July 1, 1996.
|
0003|
|
0004| SENATE FLOOR SUBSTITUTE FOR
|
0005| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
|
0006| SENATE BILLS 14 & 56
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| 42nd legislature - STATE OF NEW MEXICO - second session, 1996
|
0012|
|
0013|
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019| AN ACT
|
0020| RELATING TO JUVENILE JUSTICE; CHANGING THE AGE DESIGNATIONS FOR
|
0021| SERIOUS YOUTHFUL OFFENDERS AND YOUTHFUL OFFENDERS; EXPANDING THE
|
0022| LIST OF PREDICATE OFFENSES FOR YOUTHFUL OFFENDERS; AMENDING
|
0023| SECTIONS OF THE NMSA 1978.
|
0024|
|
0025| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0001| Section 1. Section 31-18-15.2 NMSA 1978 (being Laws 1993,
|
0002| Chapter 77, Section 1, as amended) is amended to read:
|
0003| "31-18-15.2. DEFINITIONS.--As used in the Criminal
|
0004| Sentencing Act:
|
0005| A. "serious youthful offender" means an individual
|
0006| [sixteen or seventeen] fifteen to eighteen years of age who
|
0007| is charged with and indicted or bound over for trial for first
|
0008| degree murder; and
|
0009| B. "youthful offender" means a delinquent child
|
0010| subject to adult or juvenile sanctions who is:
|
0011| (1) [fifteen] fourteen to eighteen years of
|
0012| age at the time of the offense and who is adjudicated for at
|
0013| least one of the following offenses:
|
0014| (a) second degree murder, as provided in
|
0015| Section 30-2-1 NMSA 1978;
|
0016| (b) assault with intent to commit a violent
|
0017| felony, as provided in Section 30-3-3 NMSA 1978;
|
0018| (c) kidnapping, as provided in Section 30-4-1
|
0019| NMSA 1978;
|
0020| (d) aggravated battery, as provided in
|
0021| Subsection C of Section 30-3-5 NMSA 1978;
|
0022| (e) aggravated battery upon a peace officer,
|
0023| as provided in Subsection C of Section 30-22-25 NMSA 1978;
|
0024| (f) shooting at a dwelling or occupied
|
0025| building or shooting at or from a motor vehicle, [which results
|
in great bodily harm to another person] as provided in Section
|
0002| 30-3-8 NMSA 1978;
|
0003| (g) dangerous use of explosives, as provided
|
0004| in Section 30-7-5 NMSA 1978;
|
0005| (h) criminal sexual penetration, as provided
|
0006| in Section 30-9-11 NMSA 1978;
|
0007| (i) robbery, as provided in Section 30-16-2
|
0008| NMSA 1978;
|
0009| (j) aggravated burglary, as provided in
|
0010| Section 30-16-4 NMSA 1978; [or]
|
0011| (k) aggravated arson, as provided in Section
|
0012| 30-17-6 NMSA 1978; or
|
0013| (l) abuse of a child that results in great
|
0014| bodily harm or death to the child, as provided in Section 30-6-1
|
0015| NMSA 1978;
|
0016| (2) [fifteen] fourteen to eighteen years of age
|
0017| at the time of the offense and adjudicated for any felony offense
|
0018| and who has had three prior, separate felony adjudications within a
|
0019| [two-year] three-year time period immediately preceding the
|
0020| instant offense. The felony adjudications relied upon as prior
|
0021| adjudications shall not have arisen out of the same transaction or
|
0022| occurrence or series of events related in time and location.
|
0023| Successful completion of consent decrees is not considered a prior
|
0024| adjudication for the purposes of this paragraph; or
|
0025| (3) [fifteen] fourteen years of age and
|
0001| adjudicated for first degree murder, as provided in Section 30-2-1
|
0002| NMSA 1978."
|
0003| Section 2. Section 32A-2-3 NMSA 1978 (being Laws 1993,
|
0004| Chapter 77, Section 32, as amended by Laws 1995, Chapter 204,
|
0005| Section 2 and by Laws 1995, Chapter 205, Section 2 and also by Laws
|
0006| 1995, Chapter 206, Section 10) is amended to read:
|
0007| "32A-2-3. DEFINITIONS.--As used in the Delinquency Act:
|
0008| A. "delinquent act" means an act committed by a child
|
0009| that would be designated as a crime under the law if committed by
|
0010| an adult, including [but not limited to] the following offenses:
|
0011| (1) pursuant to municipal traffic codes or the Motor
|
0012| Vehicle Code:
|
0013| (a) any driving while under the influence of
|
0014| intoxicating liquor or drugs;
|
0015| (b) any failure to stop in the event of an
|
0016| accident causing death, personal injury or damage to property;
|
0017| (c) any unlawful taking of a vehicle or motor
|
0018| vehicle;
|
0019| (d) any receiving or transferring of a stolen
|
0020| vehicle or motor vehicle;
|
0021| (e) any homicide by vehicle;
|
0022| (f) any injuring or tampering with a vehicle;
|
0023| (g) any altering or changing of an engine
|
0024| number or other vehicle identification numbers;
|
0025| (h) any altering or forging of a driver's
|
0001| license or permit or any making of a fictitious license or permit;
|
0002| (i) reckless driving;
|
0003| (j) driving with a suspended or revoked
|
0004| license; or
|
0005| (k) any offense punishable as a felony;
|
0006| (2) buying, attempting to buy, receiving, possessing
|
0007| or being served any alcoholic liquor or being present in a licensed
|
0008| liquor establishment, other than a restaurant or a licensed retail
|
0009| liquor establishment, except in the presence of the child's parent,
|
0010| guardian, custodian or adult spouse. As used in this paragraph,
|
0011| "restaurant" means any establishment where meals are prepared and
|
0012| served primarily for on-premises consumption and that has a dining
|
0013| room, a kitchen and the employees necessary for preparing, cooking
|
0014| and serving meals. "Restaurant" does not include establishments,
|
0015| as defined in regulations promulgated by the director of the
|
0016| special investigations division of the department of public safety,
|
0017| that serve only hamburgers, sandwiches, salads and other fast
|
0018| foods;
|
0019| (3) any felony violation of the provisions of
|
0020| Sections 17-1-1 through 17-5-9 NMSA 1978 or any regulations adopted
|
0021| by the state game commission that relate to the time, extent, means
|
0022| or manner that game animals, birds or fish may be hunted, taken,
|
0023| captured, killed, possessed, sold, purchased or shipped and for
|
0024| which a fine may be imposed or a civil damage awarded;
|
0025| (4) any violation of Section 30-29-2 NMSA 1978,
|
0001| regarding the illegal use of a glue, aerosol spray product or other
|
0002| chemical substance;
|
0003| (5) any violation of the Controlled Substances Act;
|
0004| [or]
|
0005| (6) escape from the custody of a law enforcement
|
0006| officer or a juvenile probation or parole officer or from any
|
0007| placement made by the department by a child who has been
|
0008| adjudicated a delinquent child; or
|
0009| (7) any violation of Section 30-15-1.1 NMSA 1978
|
0010| regarding unauthorized graffiti on personal or real property;
|
0011| B. "delinquent child" means a child who has committed a
|
0012| delinquent act;
|
0013| C. "delinquent offender" means a delinquent child who is
|
0014| subject to juvenile sanctions only and who is not a youthful
|
0015| offender or a serious youthful offender;
|
0016| D. "detention facility" means a place where a child may
|
0017| be detained under the Children's Code pending court hearing and
|
0018| does not include a facility for the care and rehabilitation of an
|
0019| adjudicated delinquent child;
|
0020| E. "felony" means an act that would be a felony if
|
0021| committed by an adult;
|
0022| F. "misdemeanor" means an act that would be a misdemeanor
|
0023| or petty misdemeanor if committed by an adult;
|
0024| G. "restitution" means financial reimbursement by the
|
0025| child to the victim or community service imposed by the court and
|
0001| is limited to easily ascertainable damages for injury to or loss of
|
0002| property, actual expenses incurred for medical, psychiatric and
|
0003| psychological treatment for injury to a person and lost wages
|
0004| resulting from physical injury, which are a direct and proximate
|
0005| result of a delinquent act. "Restitution" does not include
|
0006| reimbursement for damages for mental anguish, pain and suffering or
|
0007| other intangible losses. As used in this subsection, "victim"
|
0008| means any person who is injured or suffers damage of any kind by an
|
0009| act that is the subject of a complaint or referral to law
|
0010| enforcement officers or juvenile probation authorities. Nothing
|
0011| contained in this definition limits or replaces the provisions of
|
0012| Subsections A and B of Section
|
0013| 32A-2-27 NMSA 1978;
|
0014| H. "serious youthful offender" means an individual
|
0015| [sixteen or seventeen] fifteen to eighteen years of age who is
|
0016| charged with and indicted or bound over for trial for first degree
|
0017| murder. A "serious youthful offender" is not a delinquent child as
|
0018| defined pursuant to the provisions of this section; and
|
0019| I. "youthful offender" means a delinquent child subject
|
0020| to adult or juvenile sanctions who is:
|
0021| (1) [fifteen] fourteen to eighteen years of age
|
0022| at the time of the offense and who is adjudicated for at least one
|
0023| of the following offenses:
|
0024| (a) second degree murder, as provided in
|
0025| Section 30-2-1 NMSA 1978;
|
0001| (b) assault with intent to commit a violent
|
0002| felony, as provided in Section 30-3-3 NMSA 1978;
|
0003| (c) kidnapping, as provided in Section
|
0004| 30-4-1 NMSA 1978;
|
0005| (d) aggravated battery, as provided in
|
0006| Subsection C of Section 30-3-5 NMSA 1978;
|
0007| (e) aggravated battery upon a peace officer,
|
0008| as provided in Subsection C of Section 30-22-25 NMSA 1978;
|
0009| [(e)] (f) shooting at a dwelling or
|
0010| occupied building or shooting at or from a motor vehicle, [which
|
results in great bodily harm to another person] as provided in
|
0012| Section 30-3-8 NMSA 1978;
|
0013| [(f)] (g) dangerous use of explosives, as
|
0014| provided in Section 30-7-5 NMSA 1978;
|
0015| [(g)] (h) criminal sexual penetration, as
|
0016| provided in Section 30-9-11 NMSA 1978;
|
0017| [(h)] (i) robbery, as provided in Section
|
0018| 30-16-2 NMSA 1978;
|
0019| [(i)] (j) aggravated burglary, as provided
|
0020| in Section 30-16-4 NMSA 1978; [or
|
(j)] (k) aggravated arson, as provided in
|
0022| Section 30-17-6 NMSA 1978; or
|
0023| (l) abuse of a child that results in great
|
0024| bodily harm or death to the child, as provided in Section 30-6-1
|
0025| NMSA 1978;
|
0001| (2) [fifteen] fourteen to eighteen years of age
|
0002| at the time of the offense and adjudicated for any felony offense
|
0003| and who has had three prior, separate felony adjudications within a
|
0004| three-year time period immediately preceding the instant offense.
|
0005| The felony adjudications relied upon as prior adjudications shall
|
0006| not have arisen out of the same transaction or occurrence or series
|
0007| of events related in time and location. Successful completion of
|
0008| consent decrees are not considered a prior adjudication for the
|
0009| purposes of this paragraph; or
|
0010| (3) [fifteen] fourteen years of age and
|
0011| adjudicated for first degree murder, as provided in Section 30-2-1
|
0012| NMSA 1978."
|
0013| Section 3. Section 32A-2-18 NMSA 1978 (being Laws 1993,
|
0014| Chapter 77, Section 47) is amended to read:
|
0015| "32A-2-18. JUDGMENT--NONCRIMINAL NATURE--[NONADMISSABILITY]
|
0016| NONADMISSIBILITY.--
|
0017| A. The court shall enter a judgment setting forth the
|
0018| court's findings and disposition in the proceeding. A judgment in
|
0019| proceedings on a petition under the Delinquency Act resulting in a
|
0020| juvenile disposition shall not be deemed a conviction of crime nor
|
0021| shall it impose any civil disabilities ordinarily resulting from
|
0022| conviction of a crime nor shall it operate to disqualify the child
|
0023| in any civil service application or appointment. The juvenile
|
0024| disposition of a child and any evidence given in a hearing in court
|
0025| shall not be admissible as evidence against the child in any case
|
0001| or proceeding in any other tribunal whether before or after
|
0002| reaching the age of majority, except in sentencing proceedings
|
0003| after conviction of a felony and then only for the purpose of a
|
0004| presentence study and report.
|
0005| B. If a judgment resulting from a youthful offender or
|
0006| serious youthful offender proceeding under the Delinquency Act
|
0007| results in an adult sentence, a record of the judgment shall be
|
0008| admissible in any other case or proceeding in any other court
|
0009| involving the youthful offender or serious youthful offender.
|
0010| C. If a judgment on a proceeding under the Delinquency
|
0011| Act results in an adult sentence, the determination of guilt at
|
0012| trial becomes a conviction for purposes of the Criminal Code."
|
0013| Section 4. Section 32A-2-19 NMSA 1978 (being Laws 1993,
|
0014| Chapter 77, Section 48, as amended by Laws 1995, Chapter 204,
|
0015| Section 3 and also by Laws 1995, Chapter 206, Section 13) is
|
0016| amended to read:
|
0017| "32A-2-19. DISPOSITION OF AN ADJUDICATED DELINQUENT
|
0018| OFFENDER.--
|
0019| A. At the conclusion of the dispositional hearing, the
|
0020| court may make and include in the dispositional judgment its
|
0021| findings on the following:
|
0022| (1) the interaction and interrelationship of the
|
0023| child with the child's [parent] parents, siblings and any other
|
0024| person who may significantly affect the child's best interests;
|
0025| (2) the child's adjustment to his home, school and
|
0001| community;
|
0002| (3) the mental and physical health of all
|
0003| individuals involved;
|
0004| (4) the wishes of the child as to his custodian;
|
0005| (5) the wishes of the child's [parent] parents
|
0006| as to the child's custody;
|
0007| (6) whether there exists a relative of the child or
|
0008| other individual who, after study by the department, is found to be
|
0009| qualified to receive and care for the child;
|
0010| (7) the availability of services recommended in the
|
0011| predisposition report; and
|
0012| (8) the ability of the parents to care for the child
|
0013| in the home.
|
0014| B. If a child is found to be delinquent, the court may
|
0015| impose a fine not to exceed the fine that could be imposed if the
|
0016| child were an adult and may enter its judgment making any of the
|
0017| following dispositions for the supervision, care and rehabilitation
|
0018| of the child:
|
0019| (1) any disposition that is authorized for the
|
0020| disposition of a neglected or abused child, in accordance with the
|
0021| Abuse and Neglect Act;
|
0022| (2) transfer legal custody to the department, an
|
0023| agency responsible for the care and rehabilitation of delinquent
|
0024| children, which shall receive the child at a facility designated by
|
0025| the secretary of the department as a juvenile reception facility.
|
0001| The department shall thereafter determine the appropriate
|
0002| placement, supervision and rehabilitation program for the child.
|
0003| The judge may include recommendations for placement of the child.
|
0004| Commitments are subject to limitations and modifications set forth
|
0005| in Section 32A-2-23 NMSA 1978. The types of commitments include:
|
0006| (a) a short-term commitment of one year;
|
0007| (b) a long-term commitment for no more than two
|
0008| years in a long-term facility for the care and rehabilitation of
|
0009| adjudicated delinquent children; [or]
|
0010| (c) if the child is a delinquent offender who
|
0011| committed one of the criminal offenses set forth in Subsection I of
|
0012| Section 32A-2-3 NMSA 1978, a commitment to age twenty-one, unless
|
0013| sooner discharged; or
|
0014| [(c)] (d) if the child is a youthful
|
0015| offender, a commitment to age twenty-one, unless sooner discharged;
|
0016| (3) place the child on probation under those
|
0017| conditions and limitations as the court may prescribe;
|
0018| (4) place the child in a local detention facility
|
0019| that has been certified in accordance with the provisions of
|
0020| Section 32A-2-4 NMSA 1978 for a period not to exceed fifteen days
|
0021| within a three hundred sixty-five day time period;
|
0022| (5) if a child is found to be delinquent solely on
|
0023| the basis of Paragraph (3) of Subsection A of Section 32A-2-3 NMSA
|
0024| 1978, the court shall only enter a judgment placing the child on
|
0025| probation or ordering restitution or imposing a fine not to exceed
|
0001| the fine that could be imposed if the child were an adult or any
|
0002| combination of these dispositions; or
|
0003| (6) if a child is found to be delinquent solely on
|
0004| the basis of Paragraph (2), (4) or (5) of Subsection A of Section
|
0005| 32A-2-3 NMSA 1978, the court may make any disposition provided by
|
0006| this section and may enter its judgment placing the child on
|
0007| probation and, as a condition of probation, transfer custody of the
|
0008| child to the department for a period not to exceed six months
|
0009| without further order of the court; provided that this transfer
|
0010| shall not be made unless the court first determines that the
|
0011| department is able to provide or contract for adequate and
|
0012| appropriate treatment for the child and that the treatment is
|
0013| likely to be beneficial.
|
0014| C. When the child is an Indian child, the Indian child's
|
0015| cultural needs shall be considered in the dispositional judgment
|
0016| and reasonable access to cultural practices and traditional
|
0017| treatment shall be provided.
|
0018| D. No child found to be delinquent shall be committed or
|
0019| transferred to a penal institution or other facility used for the
|
0020| execution of sentences of persons convicted of crimes.
|
0021| E. Whenever the court vests legal custody in an agency,
|
0022| institution or department, it shall transmit with the dispositional
|
0023| judgment copies of the clinical reports, predisposition study and
|
0024| report and other information it has pertinent to the care and
|
0025| treatment of the child.
|
0001| F. Prior to any child being placed in the custody of the
|
0002| department, the department shall be provided with reasonable oral
|
0003| or written notification and an opportunity to be heard.
|
0004| G. In addition to any other disposition pursuant to this
|
0005| section or any other penalty provided by law, if a child fifteen
|
0006| years of age or older is adjudicated delinquent on the basis of
|
0007| Paragraph (2), (4) or (5) of Subsection A of Section
|
0008| 32A-2-3 NMSA 1978, the child's driving privileges may be denied or
|
0009| the child's driver's license may be revoked for a period of ninety
|
0010| days. For a second or a subsequent adjudication, the child's
|
0011| driving privileges may be denied or the child's driver's license
|
0012| revoked for a period of one year. Within twenty-four hours of the
|
0013| dispositional judgment, the court may send to the motor vehicle
|
0014| division of the taxation and revenue department the order
|
0015| adjudicating delinquency. Upon receipt of an order from the court
|
0016| adjudicating delinquency, the director of the motor vehicle
|
0017| division of the taxation and revenue department may revoke or deny
|
0018| the delinquent's driver's license or driving privileges. Nothing
|
0019| in this section may prohibit the delinquent from applying for a
|
0020| limited driving privilege pursuant to Section 66-5-35 NMSA 1978,
|
0021| and nothing in this section precludes the delinquent's
|
0022| participation in an appropriate educational, counseling or
|
0023| rehabilitation program.
|
0024| H. In addition to any other disposition pursuant to this
|
0025| section or any other penalty provided by law, when a child is
|
0001| adjudicated delinquent on the basis of Paragraph (7) of Subsection
|
0002| A of Section 32A-2-3 NMSA 1978, the child shall perform the
|
0003| mandatory community service set forth in Section 30-15-1.1 NMSA
|
0004| 1978. When a child fails to completely perform the mandatory
|
0005| community service, the name and address of the child's parent or
|
0006| legal guardian shall be published in a newspaper of general
|
0007| circulation, accompanied by a notice that he is the parent or legal
|
0008| guardian of a child adjudicated delinquent for committing
|
0009| graffiti."
|
0010| Section 5. Section 32A-2-20 NMSA 1978 (being Laws 1993,
|
0011| Chapter 77, Section 49, as amended) is amended to read:
|
0012| "32A-2-20. DISPOSITION OF A YOUTHFUL OFFENDER.--
|
0013| A. The court has the discretion to invoke either an adult
|
0014| sentence or juvenile sanctions on a youthful offender. The
|
0015| children's court attorney shall file a notice of intent to invoke
|
0016| an adult sentence within ten working days of the filing of the
|
0017| petition, provided that the court may extend the time for filing of
|
0018| the notice of intent to invoke an adult sentence, for good cause
|
0019| shown, prior to the adjudicatory hearing. A preliminary hearing by
|
0020| the court or a hearing before a grand jury shall be held, within
|
0021| ten days after the filing of the intent to invoke an adult
|
0022| sentence, to determine whether probable cause exists to support the
|
0023| allegations contained in the petition.
|
0024| B. If the children's court attorney has filed a notice of
|
0025| intent to invoke an adult sentence and the child is adjudicated as
|
0001| a youthful offender, the court shall make the following findings in
|
0002| order to invoke an adult sentence:
|
0003| (1) the child is not amenable to treatment or
|
0004| rehabilitation as a child in available facilities; and
|
0005| (2) the child is not eligible for commitment to an
|
0006| institution for the developmentally disabled or mentally
|
0007| disordered.
|
0008| C. In making the findings set forth in Subsection B of
|
0009| this section, the judge shall consider the following factors: (1) the seriousness of the alleged offense;
|
0010| (2) whether the alleged offense was committed in an
|
0011| aggressive, violent, premeditated or willful manner;
|
0012| (3) whether a firearm was used to commit the
|
0013| alleged offense;
|
0014| [(3)] (4) whether the alleged offense was
|
0015| against persons or against property, greater weight being given to
|
0016| offenses against persons, especially if personal injury resulted;
|
0017| [(4)] (5) the sophistication and maturity of the
|
0018| child as determined by consideration of the child's home,
|
0019| environmental situation, emotional attitude and pattern of living;
|
0020| [(5)] (6) the record and previous history of the
|
0021| child;
|
0022| [(6)] (7) the prospects for adequate protection
|
0023| of the public and the likelihood of reasonable rehabilitation of
|
0024| the child by the use of procedures, services and facilities
|
0025| currently available; and
|
0001| [(7)] (8) any other relevant factor, provided
|
0002| that factor is stated on the record.
|
0003| D. If the court invokes an adult sentence, the court may
|
0004| sentence the child to less than, but shall not exceed, the
|
0005| mandatory adult sentence. A youthful offender given an adult
|
0006| sentence shall be treated as an adult offender and shall be
|
0007| transferred to the legal custody of an agency responsible for
|
0008| incarceration of persons sentenced to adult sentences. This
|
0009| transfer terminates the jurisdiction of the court over the child
|
0010| with respect to the delinquent acts alleged in the petition.
|
0011| E. If a juvenile disposition is appropriate, the court
|
0012| shall follow the provisions set forth in Section 32A-2-19 NMSA
|
0013| 1978. A youthful offender may be subject to extended commitment in
|
0014| the care of the department until the age of twenty-one, pursuant to
|
0015| the provisions of Section 32A-2-23 NMSA 1978.
|
0016| F. A [sixteen or seventeen] fourteen to eighteen year
|
0017| old child charged with first degree murder, but convicted of an
|
0018| offense less than first degree murder, is subject to the
|
0019| dispositions set forth in this section."
|
0020| Section 6. EFFECTIVE DATE.--The effective date of the
|
0021| provisions of this act is July 1, 1996.
|
0022|
|
0023| FORTY-SECOND LEGISLATURE
|
0024| SECOND SESSION
|
0025|
|
0001|
|
0002| February 12, 1996
|
0003|
|
0004|
|
0005| SENATE FLOOR AMENDMENT number _______ to SENATE FLOOR SUBSTITUTE FOR
|
0006| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILLS
|
0007| 14 AND 56
|
0008|
|
0009| Amendment sponsored by Senator Janice D. Paster
|
0010|
|
0011|
|
0012| 1. On page 14, strike lines 22 through 25 and on page 15,
|
0013| strike lines 1 and 2 and insert in lieu thereof "1978."".
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019|
|
0020|
|
0021| __________________________
|
0022| Jancie D. Paster
|
0023|
|
0024|
|
0025|
|
0001| Adopted ___________________ Not Adopted _____________________
|
0002| (Chief Clerk) (Chief Clerk)
|
0003|
|
0004|
|
0005| Date _________________
|
0006| FORTY-SECOND LEGISLATURE
|
0007| SECOND SESSION
|
0008|
|
0009|
|
0010| February 11, 1996
|
0011|
|
0012|
|
0013| SENATE FLOOR AMENDMENT number _______ to SENATE FLOOR SUBSTITUTE FOR
|
0014| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILLS
|
0015| 14 AND 56
|
0016|
|
0017| Amendment sponsored by Senator Janice D. Paster
|
0018|
|
0019|
|
0020| 1. On page 1, line 13, after the semicolon insert "REQUIRING
|
0021| THE CORRECTIONS DEPARTMENT TO IMPLEMENT A PROGRAM FOR SERIOUS
|
0022| YOUTHFUL OFFENDERS AND YOUTHFUL OFFENDERS;".
|
0023|
|
0024| 2. On page 17, between lines 13 and 14, insert the following
|
0025| section:
|
0001|
|
0002| "Section 6. Section 33-1-4.1 NMSA 1978 (being Laws 1993,
|
0003| Chapter 77, Section 230, as amended) is amended to read:
|
0004|
|
0005| "33-1-4.1. [VULNERABLE] SERIOUS YOUTHFUL OFFENDERS AND
|
0006| YOUTHFUL OFFENDERS PROGRAM--PREVENTION OF VICTIMIZATION--REGULATIONS.--
|
0007|
|
0008| A. The corrections department [may] shall develop and
|
0009| implement a special program for [certain male and female offenders
|
who have been identified by the department as being vulnerable]
|
0011| serious youthful offenders and youthful offenders who, if not
|
0012| provided with a special program, would be vulnerable to victimization
|
0013| by inmates and subject to unusual or extraordinary mental or physical
|
0014| harassment, intimidation, harm or injury.
|
0015|
|
0016| B. [Vulnerability shall be determined by] Placement
|
0017| factors such as age, mental health or special education needs shall
|
0018| be considered by the department. If an offender is less than
|
0019| twenty-one years of age, there shall be a rebuttable presumption that
|
0020| the offender is [vulnerable. A vulnerable offenders] in need of
|
0021| the program. Implementation of the program shall not result in the
|
0022| diminution of civil rights for [vulnerable offenders] serious
|
0023| youthful offenders, youthful offenders or offenders less than twenty-one years of age.
|
0024|
|
0025| C. The department shall adopt regulations regarding the
|
0001| operation of the program for serious youthful offenders and youthful
|
0002| offenders, including regulations concerning when an offender may be
|
0003| discharged from the program."".
|
0004|
|
0005| 3. Renumber the succeeding section accordingly.
|
0006|
|
0007|
|
0008| __________________________
|
0009| Janice D. Paster
|
0010|
|
0011|
|
0012|
|
0013| Adopted ___________________ Not Adopted _____________________
|
0014| (Chief Clerk) (Chief Clerk)
|
0015|
|
0016|
|
0017| Date _________________
|
0018| FORTY-SECOND LEGISLATURE
|
0019| SECOND SESSION, 1996
|
0020|
|
0021|
|
0022|
|
0023| December 17, 1997
|
0024|
|
0025|
|
0001| SENATE FLOOR AMENDMENT number to SENATE FLOOR SUBSTITUTE FOR
|
0002| SENATE JUDICIARY COMMITTEE
|
0003| SUBSTITUTE FOR SENATE
|
0004| BILLS 14 AND 56, as amended
|
0005|
|
0006| AMENDMENT sponsored by SENATOR L. SKIP VERNON
|
0007|
|
0008| 1. On page 1, line 22, strike the word "fifteen" and insert in
|
0009| lieu thereof the word "fourteen".
|
0010|
|
0011| 2. On page 7, line 8, strike the word "fifteen" and insert in
|
0012| lieu thereof the word "fourteen".
|
0013|
|
0014|
|
0015|
|
0016|
|
0017|
|
0018| Senator L. Skip Vernon
|
0019|
|
0020|
|
0021|
|
0022| Adopted Not Adopted
|
0023|
|
0024| (Chief Clerk) (Chief Clerk)
|
0025|
|
0001|
|
0002| Date
|
0003| S0014FS3
|
0004|
|
0005| FORTY-SECOND LEGISLATURE
|
0006| SECOND SESSION, 1996
|
0007|
|
0008|
|
0009| February 15, 1996
|
0010|
|
0011| Mr. Speaker:
|
0012|
|
0013| Your JUDICIARY COMMITTEE, to whom has been referred
|
0014|
|
0015| SENATE FLOOR SUBSTITUTE FOR
|
0016| SENATE JUDICIARY COMMITTEE SUBSTITUTE
|
0017| FOR SENATE BILLS 14 AND 56, as amended
|
0018|
|
0019| has had it under consideration and reports same with recommendation
|
0020| that it DO PASS, amended as follows:
|
0021|
|
0022| 1. Strike Senate Floor Amendment Number 3.,
|
0023|
|
0024| and thence referred to the APPROPRIATIONS AND FINANCE
|
0025| COMMITTEE.
|
0001|
|
0002| Respectfully submitted,
|
0003|
|
0004|
|
0005|
|
0006| __________________________________
|
0007| Janice D. Paster, Chairman
|
0008|
|
0009|
|
0010| Adopted_______________________ Not Adopted_______________________
|
0011| (Chief Clerk) (Chief Clerk)
|
0012|
|
0013| Date ________________________
|
0014|
|
0015|
|
0016| The roll call vote was 8 For 1 Against
|
0017| Yes: 8
|
0018| No: McSorley
|
0019| Excused: Sanchez, R.G.
|
0020| Absent: Baca, Foy, Pederson
|
0021|
|
0022| S0014JC1
|
0023|
|