0001| SENATE BILL 599
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| L. SKIP VERNON
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO CHILDREN; PROVIDING SENTENCING ALTERNATIVES FOR
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0013| CERTAIN JUVENILE OFFENDERS; ALLOWING THE CHILDREN'S COURT TO
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0014| CERTIFY A PROCEEDING TO DISTRICT COURT UNDER CERTAIN
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0015| CIRCUMSTANCES; PROVIDING FOR THE DESIGNATION OF AN OFFENSE AS AN
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0016| EXTENDED JURISDICTION JUVENILE PROSECTION; PROVIDING FOR THE
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0017| IMPOSITION OF ADULT SENTENCES; CREATING NEW CRIMINAL OFFENSES;
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0018| ENACTING THE EXTENDED JURISDICTION JUVENILE PROSECUTION ACT;
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0019| ENACTING NEW SECTIONS OF THE CHILDREN'S CODE AND THE CRIMINAL
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0020| CODE.
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0021|
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0022| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0023| Section 1. A new section of the Children's Code is enacted
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0024| to read:
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0025| "[NEW MATERIAL] SHORT TITLE.--Sections 1 through 17 of
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0001| this act may be cited as the "Extended Jurisdiction Juvenile
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0002| Prosecution Act"."
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0003| Section 2. A new section of the Children's Code is enacted
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0004| to read:
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0005| "[NEW MATERIAL] PURPOSE.--It is the purpose of the
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0006| Extended Jurisdiction Juvenile Prosecution Act to provide a
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0007| children's court judge with a sentencing mechanism in addition
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0008| to prosecution of a child as a youthful offender or a delinquent
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0009| child to allow a greater choice in sentencing on a case-by-case
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0010| basis by including the options of prosecuting a child as an
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0011| adult in district court or sentencing a child to both a juvenile
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0012| sentence, which shall be immediately imposed, and an adult
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0013| sentence, which shall be imposed only if the child violates the
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0014| juvenile sentence or commits a new crime."
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0015| Section 3. A new section of the Children's Code is enacted
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0016| to read:
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0017| "[NEW MATERIAL] DEFINITIONS.--As used in the Extended
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0018| Jurisdiction Juvenile Prosecution Act:
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0019| A. "court" means the children's court division of
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0020| the district court; and
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0021| B. "handgun" means a loaded or unloaded pistol,
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0022| revolver or firearm that will or is designed to or may readily
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0023| be converted to expel a projectile by the action of an explosion
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0024| and the barrel length of which, not including a revolving,
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0025| detachable or magazine breech, does not exceed twelve inches.
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0001| Section 4. A new section of the Children's Code is enacted
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0002| to read:
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0003| "[NEW MATERIAL] EXTENDED JURISDICTION JUVENILE
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0004| PROSECUTION--DESIGNATION.--A proceeding involving a child is an
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0005| extended jurisdiction juvenile prosecution if:
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0006| A. the child was fourteen to seventeen years of age
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0007| at the time that the child was alleged to have committed either
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0008| a crime of violence, as provided in Section 15 of the Extended
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0009| Jurisdiction Juvenile Prosecution Act, or first degree murder,
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0010| as provided in Section 30-2-1 NMSA 1978, a certification hearing
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0011| was held and the court designated the proceeding an extended
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0012| jurisdiction juvenile prosecution;
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0013| B. the child was sixteen or seventeen years of age
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0014| at the time of the alleged felony offense, a handgun was used in
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0015| the commission of the offense and the prosecutor designated in
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0016| the delinquency petition that the proceeding shall be an
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0017| extended jurisdiction juvenile prosecution; or
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0018| C. the child was fourteen to seventeen years of age
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0019| at the time of an alleged felony offense, the prosecutor
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0020| requested that the court designate the proceeding as an extended
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0021| jurisdiction juvenile prosecution, a certification hearing was
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0022| held on the issue of designation and the court designated the
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0023| proceeding an extended jurisdiction juvenile prosecution."
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0024| Section 5. A new section of the Children's Code is enacted
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0025| to read:
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0001| "[NEW MATERIAL] HEARING ON PROSECUTOR'S REQUEST.--When a
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0002| prosecutor requests that a proceeding be designated an extended
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0003| jurisdiction juvenile prosecution, the court shall hold a
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0004| hearing pursuant to Section 13 of the Extended Jurisdiction
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0005| Juvenile Prosecution Act to consider the request. The hearing
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0006| shall be held within thirty days of the filing of the request
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0007| for designation, unless good cause is shown by the prosecution
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0008| or the child as to why the hearing should not be held within
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0009| this period in which case the hearing shall be held within
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0010| ninety days of the filing of the request. If the prosecutor
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0011| shows by clear and convincing evidence that designating the
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0012| proceeding an extended jurisdiction juvenile prosecution serves
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0013| public safety, the court shall grant the request for
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0014| designation. In determining whether public safety is served,
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0015| the court shall consider the factors specified in Section 10 of
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0016| the Extended Jurisdiction Juvenile Prosecution Act. The court
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0017| shall decide whether to designate the proceeding an extended
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0018| jurisdiction juvenile prosecution within fifteen days after the
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0019| designation hearing is completed, unless additional time is
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0020| needed, in which case the court may extend the period up to an
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0021| additional fifteen days."
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0022| Section 6. A new section of the Children's Code is enacted
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0023| to read:
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0024| "[NEW MATERIAL] PROCEEDING.--A child who is the subject
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0025| of an extended jurisdiction juvenile prosecution has the right
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0001| to a trial by jury and to the effective assistance of counsel."
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0002| Section 7. A new section of the Children's Code is enacted
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0003| to read:
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0004| "[NEW MATERIAL] DISPOSITION.--
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0005| A. If an extended jurisdiction juvenile prosecution
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0006| results in a guilty plea or finding of guilt, the court shall:
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0007| (1) impose one or more juvenile dispositions
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0008| pursuant to Section 32A-2-19 NMSA 1978; and
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0009| (2) impose the appropriate adult felony
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0010| sentence pursuant to Section 31-18-15 NMSA 1978, which shall be
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0011| stayed.
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0012| B. The child shall be informed by the court that he
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0013| has been convicted of an adult felony sentence, which shall be
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0014| stayed provided that the child successfully completes the
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0015| juvenile sentence and that the child does not commit another
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0016| felony offense."
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0017| Section 8. A new section of the Children's Code is enacted
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0018| to read:
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0019| "[NEW MATERIAL] EXECUTION OF ADULT SENTENCE.--
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0020| A. When it appears that a child convicted as an
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0021| extended jurisdiction juvenile has violated the conditions of
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0022| the stayed adult sentence, or is alleged to have committed a new
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0023| felony offense, the court may, without notice, revoke the stay
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0024| and probation and direct that the offender be taken into
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0025| immediate custody. The court shall notify the offender in
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0001| writing of the reasons alleged to exist for revocation of the
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0002| stay of execution of the adult sentence. If the offender
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0003| challenges the reasons, the court shall hold a summary hearing
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0004| on the issue at which the offender is entitled to be heard and
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0005| represented by counsel.
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0006| B. After the hearing, if the court finds that
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0007| reasons exist to revoke the stay of execution of sentence, the
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0008| court shall treat the offender as an adult and order any of the
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0009| adult sanctions authorized by the Criminal Sentencing Act,
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0010| unless the court makes written findings regarding the mitigating
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0011| factors that justify continuing the stay."
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0012| Section 9. A new section of the Children's Code is enacted
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0013| to read:
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0014| "[NEW MATERIAL] INAPPLICABILITY TO CERTAIN OFFENDERS.--The Extended Jurisdiction Juvenile Prosecution Act does not
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0015| apply to an alleged serious youthful offender as defined in
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0016| Subsection H of Section 32A-2-3 NMSA 1978 or to a youthful
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0017| offender as defined in Paragraph (3) of Subsection I of Section
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0018| 32A-2-3 NMSA 1978."
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0019| Section 10. A new section of the Children's Code is
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0020| enacted to read:
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0021| "[NEW MATERIAL] PUBLIC SAFETY.--
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0022| A. In determining whether the public safety is
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0023| served by certifying a child to district court, the court shall
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0024| consider the following factors:
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0025| (1) the seriousness of the alleged offense in
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0001| terms of community protection, including the existence of any
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0002| aggravating factors recognized by applicable sentencing
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0003| guidelines, the use of a handgun and the impact on any victim;
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0004| (2) the culpability of the child in committing
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0005| the alleged offense, including the level of the child's
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0006| participation in planning and carrying out the offense and the
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0007| existence of any mitigating factors recognized by the sentencing
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0008| guidelines;
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0009| (3) the child's prior record of delinquency;
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0010| (4) the adequacy of the punishment or referral
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0011| to community programs or services available in the juvenile
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0012| justice system; and
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0013| (5) any other dispositional options available
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0014| for the child.
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0015| B. In considering the factors in Subsection A of
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0016| this section, the court shall give greater weight to the
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0017| seriousness of the alleged offense and to the child's prior
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0018| record of delinquency than to the other factors listed in this
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0019| section."
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0020| Section 11. A new section of the Children's Code is
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0021| enacted to read:
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0022| "[NEW MATERIAL] DELINQUENCY PETITION--EXTENDED
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0023| JURISDICTION JUVENILE.--When a prosecutor files a delinquency
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0024| petition alleging that a child committed an offense pursuant to
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0025| Subsection B of Section 4 of the Extended Jurisdiction Juvenile
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0001| Prosecution Act, the prosecutor shall indicate in the petition
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0002| whether or not the proceeding shall be designated as an extended
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0003| jurisdiction juvenile prosecution. When a prosecutor files a
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0004| delinquency petition alleging that a child fourteen to seventeen
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0005| years of age committed an offense pursuant to Subsection A or C
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0006| of Section 4 of the Extended Jurisdiction Juvenile Prosecution
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0007| Act, the prosecutor may request the court to designate the
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0008| proceeding as an extended jurisdiction juvenile prosecution."
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0009| Section 12. A new section of the Children's Code is
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0010| enacted to read:
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0011| "[NEW MATERIAL] JURISDICTION OF COURT OVER AN EXTENDED
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0012| JURISDICTION JUVENILE.--
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0013| A. The jurisdiction of the court over a child
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0014| convicted as an extended jurisdiction juvenile extends until the
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0015| offender becomes twenty-one years of age, unless the court
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0016| terminates jurisdiction before that date.
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0017| B. The court has jurisdiction to designate the
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0018| proceeding an extended jurisdiction juvenile prosecution or to
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0019| conduct a trial, receive a plea or impose a disposition pursuant
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0020| to Subsections A and C of Section 4 of the Extended Jurisdiction
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0021| Juvenile Prosecution Act, if:
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0022| (1) a child is alleged to have committed an
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0023| offense before the child's eighteenth birthday; and
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0024| (2) a petition is filed by the prosecutor in a
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0025| timely manner.
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0001| C. The court has jurisdiction over a child who has
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0002| been adjudicated delinquent until the child's twenty-first
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0003| birthday if the child intentionally fails to appear at any court
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0004| hearing or fails to appear at or flees from any placement under
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0005| a court order. The court has jurisdiction over a convicted
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0006| extended jurisdiction juvenile who fails to appear at any court
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0007| hearing or fails to appear at or flees from any placement under
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0008| a court order."
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0009| Section 13. A new section of the Children's Code is
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0010| enacted to read:
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0011| "[NEW MATERIAL] WRITTEN FINDINGS--OPTIONS.--
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0012| A. The court shall decide whether to order
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0013| certification to district court within fifteen days after the
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0014| certification hearing is completed, unless additional time is
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0015| needed, in which case the court may extend the period up to
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0016| another fifteen days. If the court orders certification to
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0017| district court, the order shall contain, in writing, findings of
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0018| fact and conclusions of law as to why public safety is not
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0019| served by retaining the proceeding in the court. If the court
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0020| decides after a hearing not to order certification to district
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0021| court, the decision shall contain, in writing, findings of fact
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0022| and conclusions of law as to why certification to district court
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0023| is not ordered.
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0024| B. If the court judge decides not to order
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0025| certification of a child to district court, the court shall
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0001| designate the proceeding as an extended jurisdiction juvenile
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0002| prosecution and include in its decision written findings of fact
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0003| and conclusions of law as to why the retention of the proceeding
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0004| in the children's court serves public safety."
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0005| Section 14. A new section of the Children's Code is
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0006| enacted to read:
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0007| "[NEW MATERIAL] CERTIFICATION TO DISTRICT COURT FOR
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0008| PROSECUTION AS AN ADULT.--
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0009| A. When a child who is at least fourteen years of
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0010| age is alleged to have committed an offense pursuant to
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0011| Subsection A or C of Section 4 of the Extended Jurisdiction
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0012| Juvenile Prosecution Act, the court may enter an order
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0013| certifying the proceeding to the district court for disposition.
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0014| B. It is presumed that a proceeding involving an
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0015| offense committed by a child will be certified to district court
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0016| if:
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0017| (1) the child was sixteen or seventeen years of
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0018| age at the time of the offense; and
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0019| (2) the delinquency petition alleges that the
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0020| child used a handgun in the commission of a felony offense.
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0021| C. If the court determines that probable cause
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0022| exists to believe the child committed the alleged offense, the
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0023| burden is on the child to rebut this presumption by
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0024| demonstrating by clear and convincing evidence that retaining
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0025| the proceeding in the court serves public safety. If the court
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0001| finds that the child has not rebutted the presumption by clear
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0002| and convincing evidence, the court shall certify the child to
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0003| district court for prosecution as an adult."
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0004| Section 15. A new section of the Children's Code is
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0005| enacted to read:
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0006| "[NEW MATERIAL] CRIME OF VIOLENCE DEFINED.--As used in
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0007| the Extended Jurisdiction Juvenile Prosecution Act, "crime of
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0008| violence" means:
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0009| A. shooting at a dwelling or an occupied building or
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0010| shooting at or from a motor vehicle, as provided in Section
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0011| 30-3-8 NMSA 1978;
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0012| B. unlawful carrying of a deadly weapon on school
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0013| premises, as provided in Section 30-7-2.1 NMSA 1978;
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0014| C. unlawful possession of a handgun as provided in
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0015| Section 30-7-2.2 NMSA 1978;
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0016| D. negligent use of a deadly weapon, as provided in
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0017| Section 30-7-4 NMSA 1978;
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0018| E. unlawful possession of a switchblade, as provided
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0019| in Section 30-7-8 NMSA 1978;
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0020| F. unlawful carrying of a replica firearm or BB gun
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0021| on school premises, as provided in Section 30-7-2.4 NMSA 1978;
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0022| and
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0023| G. unlawful transfer of a handgun, as provided in
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0024| Section 30-7-2.5 NMSA 1978."
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0025| Section 16. A new section of the Children's Code is
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0001| enacted to read:
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0002| "[NEW MATERIAL] ADJUDICATION OR CONVICTION OF A CRIME OF
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0003| VIOLENCE--PROHIBITION ON POSSESSION OF HANDGUNS.--A person who
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0004| was adjudicated delinquent for, or convicted as an extended
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0005| jurisdiction juvenile of, a crime of violence as provided in
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0006| Section 15 of the Extended Jurisdiction Juvenile Prosecution Act
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0007| is not entitled to ship, transport, possess or receive a handgun
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0008| until ten years have passed since the person was discharged and
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0009| during that time the person was not convicted of any other
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0010| felony offense. A person who has received a relief of
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0011| disability under United States Code, Title 18, Section 925, as
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0012| amended, is not subject to the restrictions of this section."
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0013| Section 17. A new section of the Children's Code is
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0014| enacted to read:
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0015| "[NEW MATERIAL] JUVENILE OFFENDERS--FAILURE TO
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0016| APPEAR.--
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0017| A. A person who intentionally fails to appear for a
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0018| court disposition is guilty of a felony if:
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0019| (1) the person was prosecuted in court for an
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0020| offense that would have been a felony if committed by an adult;
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0021| (2) the court made findings pursuant to an
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0022| admission in court or after trial;
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0023| (3) the person was released from custody on the
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0024| condition that the person appear in the court for a disposition
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0025| in connection with the offense; and
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0001| (4) the person was notified that failure to
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0002| appear is a criminal offense.
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0003| B. Whoever intentionally fails to appear for a
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0004| children's court disposition is guilty of a fourth degree felony
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0005| and shall be sentenced pursuant to Section 31-18-15 NMSA 1978."
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0006| Section 18. A new section of the Criminal Code, Section
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0007| 30-7-2.4 NMSA 1978, is enacted to read:
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0008| "30-7-2.4. [NEW MATERIAL] UNLAWFUL CARRYING OF A
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0009| REPLICA HANDGUN OR BB GUN ON SCHOOL PREMISES.--
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0010| A. Unlawful carrying of a replica handgun or BB gun
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0011| on school premises consists of knowingly carrying a replica
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0012| handgun or BB gun on school premises.
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0013| B. As used in this section:
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0014| (1) "BB gun" means a device that fires or
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0015| ejects a shot measuring eighteen hundredths of an inch or less
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0016| in diameter;
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0017| (2) "replica handgun" means any object that
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0018| closely resembles a rifle, pistol or any type of weapon
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0019| manufactured to expel a projectile by the action of an
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0020| explosion; and
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0021| (3) "school premises" means:
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0022| (a) the buildings and grounds, including
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0023| playgrounds, playing fields and parking areas, and any school
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0024| bus of any public elementary, secondary, junior high or high
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0025| school in or on which school or school-related activities are
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0001| being operated under the supervision of a local school board; or
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0002| (b) any other public buildings or
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0003| grounds, including playing fields and parking areas that are not
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0004| school property, in or on which public school-related and
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0005| sanctioned activities are being performed.
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0006| C. Whoever commits unlawful possession of a replica
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0007| handgun or BB gun on school premises is guilty of a fourth
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0008| degree felony and shall be sentenced pursuant to Section
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0009| 31-18-15 NMSA 1978."
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0010| Section 19. A new section of the Criminal Code, Section
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0011| 30-7-2.5 NMSA 1978, is enacted to read:
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0012| "30-7-2.5. [NEW MATERIAL] UNLAWFUL TRANSFER OF A
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0013| HANDGUN--PENALTY.--
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0014| A. Unlawful transfer of a handgun consists of:
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0015| (1) the transfer of a handgun to a person who
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0016| is less than nineteen years of age; or
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0017| (2) the transfer of a handgun to a person less
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0018| than nineteen years of age who has made a false statement in
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0019| order to become a transferee, if the transferor knows or has
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0020| reason to know the transferee has made the false statement.
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0021| B. Whoever commits unlawful transfer of a handgun to
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0022| a person under the age of nineteen is guilty of a fourth degree
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0023| felony and shall be sentenced pursuant to Section 31-18-15 NMSA
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0024| 1978."
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0025| Section 20. 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| FEBRUARY 9, 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 599
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0015|
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0016| has had it under consideration and finds same to be GERMANE, PURSUANT
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0017| TO HOUSE EXECUTIVE MESSAGE NUMBER 34, and thence referred to the
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0018| PUBLIC AFFAIRS COMMITTEE.
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0019|
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0020| Respectfully submitted,
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0021|
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0022|
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0023|
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0024|
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0025| __________________________________
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0001| SENATOR MANNY M. ARAGON, Chairman
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0002|
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0003|
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0004|
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0005| Adopted_______________________ Not Adopted_______________________
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008|
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0009| Date ________________________
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0010|
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0011|
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0012|
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0013| S0599CC1
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0014|
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0015| FORTY-SECOND LEGISLATURE
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0016| SECOND SESSION, 1996
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0017|
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0018|
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0019| February 12, 1996
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0020|
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0021| Mr. President:
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0022|
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0023| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
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0024|
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0025| SENATE BILL 599
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0001|
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0002| has had it under consideration and reports same with recommendation that
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0003| it DO PASS, and thence referred to the JUDICIARY COMMITTEE.
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0004|
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0005| Respectfully submitted,
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0006|
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0007|
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0008|
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0009| __________________________________
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0010| Shannon Robinson, Chairman
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0011|
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0012|
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0013|
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0014| Adopted_______________________ Not Adopted_______________________
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0015| (Chief Clerk) (Chief Clerk)
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0016|
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0017|
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0018| Date ________________________
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0019|
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0020|
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0021| The roll call vote was 5 For 0 Against
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0022| Yes: 5
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0023| No: 0
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0024| Excused: E. Jennings, Smith, Naranjo
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0025| Absent: None
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0001|
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0002|
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0003| S0599PA1
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0004|
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0005|
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