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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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|       "[<u>NEW MATERIAL</u>]  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.  [<u>NEW MATERIAL</u>]  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.  [<u>NEW MATERIAL</u>]  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
    |
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
    |
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."
    |
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 <u> 5 </u> For <u> 0 </u> 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
    |
0025|   Absent:    None
    |
0001|   
    |
0002|   
    |
0003|   S0599PA1
    |
0004|   
    |
0005|   
    |