0001|
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0002| SENATE BILL 56
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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 AGE DESIGNATIONS FOR
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0014| SERIOUS YOUTHFUL OFFENDERS AND YOUTHFUL OFFENDERS; CHANGING THE
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0015| PREDICATE OFFENSES FOR DELINQUENT OFFENDERS, YOUTHFUL OFFENDERS
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0016| AND SERIOUS YOUTHFUL OFFENDERS; AMENDING SECTIONS OF THE NMSA
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0017| 1978.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 31-18-15.2 NMSA 1978 (being Laws 1993,
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0021| Chapter 77, Section 1, as amended) is amended to read:
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0022| "31-18-15.2. DEFINITIONS.--As used in the Criminal
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0023| Sentencing Act:
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0024| A. "serious youthful offender" means [an individual
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sixteen or seventeen] a child less than eighteen years of age
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0001| who is charged with [and indicted or bound over for trial for]
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0002| first degree murder or second degree murder or a child thirteen
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0003| to eighteen years of age who is charged with a felony,
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0004| subsequent to a previous felony conviction pursuant to serious
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0005| youthful offender or youthful offender proceedings; and
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0006| B. "youthful offender" means a delinquent child
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0007| subject to adult or juvenile sanctions who is:
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0008| (1) [fifteen] thirteen to eighteen years of
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0009| age at the time of the offense and who is adjudicated for at
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0010| least one of the following offenses:
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0011| [(a) second degree murder, as provided
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in Section 30-2-1 NMSA 1978;
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(b)] (a) assault with intent to commit
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0014| a violent felony, as provided in Section 30-3-3 NMSA 1978;
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0015| [(c)] (b) kidnapping, as provided in
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0016| Section 30-4-1 NMSA 1978;
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0017| [(d)] (c) aggravated battery, as
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0018| provided in Subsection C of Section 30-3-5 NMSA 1978;
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0019| [(e)] (d) aggravated battery upon a
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0020| peace officer, as provided in Subsection C of Section 30-22-25
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0021| NMSA 1978;
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0022| [(f)] (e) shooting at a dwelling or
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0023| occupied building or shooting at or from a motor vehicle,
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0024| [which results in great bodily harm to another person] as
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0025| provided in Section 30-3-8 NMSA 1978;
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0001| [(g)] (f) dangerous use of
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0002| explosives, as provided in Section 30-7-5 NMSA 1978;
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0003| [(h)] (g) criminal sexual
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0004| penetration, as provided in Section 30-9-11 NMSA 1978;
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0005| [(i)] (h) robbery, as provided in
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0006| Section 30-16-2 NMSA 1978;
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0007| [(j)] (i) aggravated burglary, as
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0008| provided in Section 30-16-4 NMSA 1978; [or]
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0009| (j) burglary, as provided in Section
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0010| 30-16-3 NMSA 1978;
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0011| (k) aggravated arson, as provided in
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0012| Section 30-17-6 NMSA 1978;
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0013| (l) abuse of a child that results in
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0014| great bodily harm or death to the child, as provided in Section
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0015| 30-6-1 NMSA 1978;
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0016| (m) trafficking controlled substances,
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0017| as provided in Subsection C of Section 30-31-20 NMSA 1978;
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0018| (n) homicide by vehicle or great bodily
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0019| injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
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0020| (o) attempt to commit any of the felony
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0021| offenses set forth in Subparagraphs (a) through (n) of this
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0022| paragraph, as provided in Section 30-28-1 NMSA 1978;
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0023| (p) conspiracy to commit any of the
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0024| felony offenses set forth in Subparagraphs (a) through (n) of
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0025| this paragraph, as provided in Section 30-28-2 NMSA 1978;
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0001| (q) attempt to commit first degree
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0002| murder, as provided in Section 30-28-1 NMSA 1978; or
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0003| (r) conspiracy to commit first degree
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0004| murder, as provided in Section 30-28-2 NMSA 1978; or
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0005| (2) [fifteen] thirteen to eighteen years of
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0006| age at the time of the offense and adjudicated for any felony
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0007| offense and who has had [three] two prior, separate felony
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0008| adjudications within a two-year time period or three prior,
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0009| separate felony adjudications within a five-year time period
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0010| immediately preceding the instant offense. The felony
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0011| adjudications relied upon as prior adjudications shall not have
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0012| arisen out of the same transaction or occurrence or series of
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0013| events related in time and location. Successful completion of
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0014| consent decrees is not considered a prior adjudication for the
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0015| purposes of this paragraph [or
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(3) fifteen years of age and adjudicated for
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first degree murder, as provided in Section 30-2-1 NMSA 1978]."
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0018| Section 2. Section 32A-2-3 NMSA 1978 (being Laws 1993,
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0019| Chapter 77, Section 32, as amended by Laws 1995, Chapter 204,
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0020| Section 2 and by Laws 1995, Chapter 205, Section 2 and also by
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0021| Laws 1995, Chapter 206, Section 10) is amended to read:
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0022| "32A-2-3. DEFINITIONS.--As used in the Delinquency Act:
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0023| A. "delinquent act" means an act committed by a
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0024| child that would be designated as a crime under the law if
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0025| committed by an adult, including [but not limited to] the
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0001| following offenses:
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0002| (1) pursuant to municipal traffic codes or the
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0003| Motor Vehicle Code:
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0004| (a) any driving while under the influence
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0005| of intoxicating liquor or drugs;
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0006| (b) any failure to stop in the event of
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0007| an accident causing death, personal injury or damage to
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0008| property;
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0009| (c) any unlawful taking of a vehicle or
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0010| motor vehicle;
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0011| (d) any receiving or transferring of a
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0012| stolen vehicle or motor vehicle;
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0013| [(e) any homicide by vehicle;
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(f)] (e) any injuring or tampering
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0015| with a vehicle;
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0016| [(g)] (f) any altering or changing of
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0017| an engine number or other vehicle identification numbers;
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0018| [(h)] (g) any altering or forging of
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0019| a driver's license or permit or any making of a fictitious
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0020| license or permit;
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0021| [(i)] (h) reckless driving;
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0022| [(j)] (i) driving with a suspended or
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0023| revoked license; or
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0024| [(k)] (j) any offense punishable as a
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0025| felony;
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0001| (2) buying, attempting to buy, receiving,
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0002| possessing or being served any alcoholic liquor or being present
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0003| in a licensed liquor establishment, other than a restaurant or a
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0004| licensed retail liquor establishment, except in the presence of
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0005| the child's parent, guardian, custodian or adult spouse. As
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0006| used in this paragraph, "restaurant" means any establishment
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0007| where meals are prepared and served primarily for on-premises
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0008| consumption and that has a dining room, a kitchen and the
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0009| employees necessary for preparing, cooking and serving meals.
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0010| "Restaurant" does not include establishments, as defined in
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0011| regulations promulgated by the director of the special
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0012| investigations division of the department of public safety, that
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0013| serve only hamburgers, sandwiches, salads and other fast foods;
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0014| (3) any felony violation of the provisions of
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0015| Sections 17-1-1 through 17-5-9 NMSA 1978 or any regulations
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0016| adopted by the state game commission that relate to the time,
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0017| extent, means or manner that game animals, birds or fish may be
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0018| hunted, taken, captured, killed, possessed, sold, purchased or
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0019| shipped and for which a fine may be imposed or a civil damage
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0020| awarded;
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0021| (4) any violation of Section 30-29-2 NMSA 1978,
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0022| regarding the illegal use of a glue, aerosol spray product or
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0023| other chemical substance;
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0024| (5) any violation of the Controlled Substances
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0025| Act except a violation of Subsection C of Section 30-31-20 NMSA
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0001| 1978; [or]
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0002| (6) escape from the custody of a law
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0003| enforcement officer or a juvenile probation or parole officer or
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0004| from any placement made by the department by a child who has
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0005| been adjudicated a delinquent child; or
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0006| (7) any violation of Section 30-15-1.1 NMSA
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0007| 1978 regarding unauthorized graffiti on personal or real
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0008| property;
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0009| B. "delinquent child" means a child who has
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0010| committed a delinquent act;
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0011| C. "delinquent offender" means a delinquent child
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0012| who is subject to juvenile sanctions only and who is not a
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0013| youthful offender or a serious youthful offender;
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0014| D. "detention facility" means a place where a child
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0015| may be detained under the Children's Code pending court hearing
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0016| and does not include a facility for the care and rehabilitation
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0017| of an adjudicated delinquent child;
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0018| E. "felony" means an act that would be a felony if
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0019| committed by an adult;
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0020| F. "misdemeanor" means an act that would be a
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0021| misdemeanor or petty misdemeanor if committed by an adult;
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0022| G. "restitution" means financial reimbursement by
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0023| the child to the victim or community service imposed by the
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0024| court and is limited to easily ascertainable damages for injury
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0025| to or loss of property, actual expenses incurred for medical,
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0001| psychiatric and psychological treatment for injury to a person
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0002| and lost wages resulting from physical injury, which are a
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0003| direct and proximate result of a delinquent act. "Restitution"
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0004| does not include reimbursement for damages for mental anguish,
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0005| pain and suffering or other intangible losses. As used in this
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0006| subsection, "victim" means any person who is injured or suffers
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0007| damage of any kind by an act that is the subject of a complaint
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0008| or referral to law enforcement officers or juvenile probation
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0009| authorities. Nothing contained in this definition limits or
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0010| replaces the provisions of Subsections A and B of Section
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0011| 32A-2-27 NMSA 1978;
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0012| H. "serious youthful offender" means [an individual
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sixteen or seventeen] a child less than eighteen years of age
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0014| who is charged with [and indicted or bound over for trial for]
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0015| first degree murder or second degree murder or a child thirteen
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0016| to eighteen years of age who is charged with a felony,
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0017| subsequent to a previous felony conviction pursuant to serious
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0018| youthful offender or youthful offender proceedings. A "serious
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0019| youthful offender" is not a delinquent child as defined pursuant
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0020| to the provisions of this section; and
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0021| I. "youthful offender" means a delinquent child
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0022| subject to adult or juvenile sanctions who is:
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0023| (1) [fifteen] thirteen to eighteen years of
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0024| age at the time of the offense and who is adjudicated for at
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0025| least one of the following offenses:
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0001| [(a) second degree murder, as provided
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in Section 30-2-1 NMSA 1978;
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(b)] (a) assault with intent to commit
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0004| a violent felony, as provided in Section 30-3-3 NMSA 1978;
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0005| [(c)] (b) kidnapping, as provided in
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0006| Section 30-4-1 NMSA 1978;
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0007| [(d)] (c) aggravated battery, as
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0008| provided in Subsection C of Section 30-3-5 NMSA 1978;
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0009| (d) aggravated battery upon a peace
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0010| officer, as provided in Subsection C of Section 30-22-25 NMSA
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0011| 1978;
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0012| (e) shooting at a dwelling or occupied
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0013| 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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0015| 30-3-8 NMSA 1978;
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0016| (f) dangerous use of explosives, as
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0017| provided in Section 30-7-5 NMSA 1978;
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0018| (g) criminal sexual penetration, as
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0019| provided in Section 30-9-11 NMSA 1978;
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0020| (h) robbery, as provided in Section
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0021| 30-16-2 NMSA 1978;
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0022| (i) aggravated burglary, as provided in
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0023| Section 30-16-4 NMSA 1978; [or]
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0024| (j) burglary, as provided in Section
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0025| 30-16-3 NMSA 1978;
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0001| [(j)] (k) aggravated arson, as
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0002| provided in Section 30-17-6 NMSA 1978;
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0003| (l) abuse of a child that results in
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0004| great bodily harm or death to the child, as provided in Section
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0005| 30-6-1 NMSA 1978;
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0006| (m) trafficking controlled substances,
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0007| as provided in Subsection C of Section 30-31-20 NMSA 1978;
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0008| (n) homicide by vehicle or great bodily
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0009| injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
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0010| (o) attempt to commit any of the felony
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0011| offenses set forth in Subparagraphs (a) through (n) of this
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0012| paragraph, as provided in section 30-28-1 NMSA 1978;
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0013| (p) conspiracy to commit any of the
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0014| felony offenses set forth in Subparagraphs (a) through (n) of
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0015| this paragraph, as provided in Section 30-28-2 NMSA 1978;
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0016| (q) attempt to commit first degree
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0017| murder, as provided in Section 30-28-1 NMSA 1978; or
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0018| (r) conspiracy to commit first degree
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0019| murder, as provided in Section 30-28-2 NMSA 1978; or
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0020| (2) [fifteen] thirteen to eighteen years of
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0021| age at the time of the offense and adjudicated for any felony
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0022| offense and who has had [three] two prior, separate felony
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0023| adjudications within a [three-year] two-year time period or
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0024| three prior, separate felony adjudications within a five-year
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0025| time period immediately preceding the instant offense. The
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0001| felony adjudications relied upon as prior adjudications shall
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0002| not have arisen out of the same transaction or occurrence or
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0003| series of events related in time and location. Successful
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0004| completion of consent decrees are not considered a prior
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0005| adjudication for the purposes of this paragraph [or
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(3) fifteen years of age and adjudicated for
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first degree murder, as provided in Section 30-2-1 NMSA 1978]."
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0008| Section 3. EFFECTIVE DATE.--The effective date of the
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0009| provisions of this act is July 1, 1996.
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0010|
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0011|
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0012| FORTY-SECOND LEGISLATURE
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0013| SECOND SESSION, 1996
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0014|
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0015|
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0016| JANUARY 18, 1996
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0017|
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0018| Mr. President:
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0019|
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0020| Your COMMITTEES' COMMITTEE, to whom has been referred
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0021|
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0022| SENATE BILL 56
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0023|
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0024| has had it under consideration and finds same to be NOT GERMANE.
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005|
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0006| __________________________________
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0007| SENATOR MANNY M. ARAGON, Chairman
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0008|
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0009|
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0010|
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0011| Adopted_______________________ Not Adopted_______________________
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014|
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0015| Date ________________________
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0016|
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0017|
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0018|
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0019| The roll call vote was For Against
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0020| Yes:
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0021| No:
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0022| Excused:
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0023| Absent:
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0024|
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0025|
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0001| S0056CC1
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