0001| SENATE BILL 742
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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| PHILLIP J. MALOOF
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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 CRIMINAL LAW; REQUIRING LIFE IMPRISONMENT FOR
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0013| PERSONS HAVING TWO VIOLENT SEXUAL OFFENSE CONVICTIONS;
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0014| ESTABLISHING SENTENCING PROCEDURES; AMENDING AND ENACTING
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0015| SECTIONS OF THE CRIMINAL SENTENCING ACT; AMENDING A SECTION OF
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0016| THE PROBATION AND PAROLE ACT.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. A new section of the Criminal Sentencing Act,
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0020| Section 31-18-25 NMSA 1978, is enacted to read:
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0021| "31-18-25. [NEW MATERIAL] TWO VIOLENT SEXUAL OFFENSE
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0022| CONVICTIONS--MANDATORY LIFE IMPRISONMENT--EXCEPTION.--
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0023| A. When a defendant is convicted of a second violent
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0024| sexual offense, and each violent sexual offense conviction is
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0025| part of a separate transaction or occurrence, and at least the
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0001| second violent sexual offense conviction is in New Mexico, the
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0002| defendant shall, in addition to the punishment imposed for the
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0003| second violent sexual offense conviction, be punished by a
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0004| sentence of life imprisonment. The life imprisonment sentence
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0005| shall be subject to parole pursuant to the provisions of Section
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0006| 31-21-10 NMSA 1978.
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0007| B. The sentence of life imprisonment shall be
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0008| imposed after a sentencing hearing, separate from the trial or
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0009| guilty plea proceeding resulting in the second violent sexual
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0010| offense conviction, pursuant to the provisions of Section
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0011| 31-18-26 NMSA 1978.
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0012| C. For the purposes of this section, a violent
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0013| sexual offense conviction incurred by a defendant before he
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0014| reaches the age of eighteen shall not count as a violent sexual
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0015| offense conviction.
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0016| D. When a defendant has a felony conviction from
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0017| another state, the felony conviction shall be considered a
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0018| violent sexual offense for the purposes of the Criminal
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0019| Sentencing Act if the crime would be considered a violent sexual
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0020| offense in New Mexico.
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0021| E. As used in the Criminal Sentencing Act, "violent
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0022| sexual offense" means criminal sexual penetration in the first
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0023| or second degree, as provided in Subsection C or D of Section
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0024| 30-9-11 NMSA 1978."
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0025| Section 2. A new section of the Criminal Sentencing Act,
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0001| Section 31-18-26 NMSA 1978, is enacted to read:
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0002| "31-18-26. [NEW MATERIAL] TWO VIOLENT SEXUAL OFFENSE
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0003| CONVICTIONS--SENTENCING PROCEDURE.--
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0004| A. The court shall conduct a separate sentencing
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0005| proceeding to determine any controverted question of fact
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0006| regarding whether the defendant has been convicted of two
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0007| violent sexual offenses. Either party to the sentencing
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0008| proceeding may demand a jury sentencing proceeding.
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0009| B. A jury sentencing proceeding shall be conducted
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0010| as soon as practicable by the original trial judge before the
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0011| original trial jury. A nonjury sentencing proceeding shall be
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0012| conducted as soon as practicable by the original trial judge.
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0013| In the case of a plea of guilty, the sentencing proceeding shall
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0014| be conducted as soon as practicable by the original trial judge
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0015| or by the original trial jury, upon demand of the defendant.
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0016| C. In a jury sentencing proceeding, the judge shall
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0017| give appropriate instructions and allow arguments. In a nonjury
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0018| sentencing proceeding, or upon a plea of guilty when the
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0019| defendant has not demanded a jury, the judge shall allow
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0020| arguments and determine the verdict."
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0021| Section 3. Section 31-18-23 NMSA 1978 (being Laws 1994,
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0022| Chapter 24, Section 2) is amended to read:
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0023| "31-18-23. THREE VIOLENT FELONY CONVICTIONS--MANDATORY
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0024| LIFE IMPRISONMENT--EXCEPTION.--
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0025| A. When a defendant is convicted of a third violent
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0001| felony, and each violent felony conviction is part of a separate
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0002| transaction or occurrence, and at least the third violent felony
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0003| conviction is in New Mexico, the defendant shall, in addition to
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0004| the [punishment] sentence imposed for the third violent
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0005| conviction [and] when that sentence does not result in
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0006| death, be punished by a sentence of life imprisonment. The life
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0007| imprisonment sentence shall be subject to parole pursuant to the
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0008| provisions of Section 31-21-10 NMSA 1978.
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0009| B. The sentence of life imprisonment shall be
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0010| imposed after a sentencing hearing, separate from the trial or
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0011| guilty plea proceeding resulting in the third violent felony
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0012| conviction, pursuant to the provisions of Section 31-18-24 NMSA
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0013| 1978.
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0014| C. For the purpose of this section, a violent felony
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0015| conviction incurred by a defendant before he reaches the age of
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0016| eighteen shall not count as a violent felony conviction.
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0017| D. When a defendant has a felony conviction from
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0018| another state, the felony conviction shall be considered a
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0019| violent felony for the purposes of the Criminal Sentencing Act
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0020| if that crime would be considered a violent felony in New
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0021| Mexico.
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0022| E. As used in the Criminal Sentencing Act:
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0023| (1) "great bodily harm" means an injury to the
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0024| person that creates a high probability of death or that causes
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0025| serious disfigurement or that results in permanent loss or
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0001| impairment of the function of any member or organ of the body;
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0002| and
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0003| (2) "violent felony" means:
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0004| (a) murder in the first or second degree,
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0005| as provided in Section 30-2-1 NMSA 1978;
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0006| (b) shooting at or from a motor vehicle
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0007| resulting in great bodily harm, as provided in Subsection B of
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0008| Section 30-3-8 NMSA 1978;
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0009| (c) [kidnaping] kidnapping resulting
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0010| in great bodily harm inflicted upon the victim by his captor, as
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0011| provided in Subsection B of Section 30-4-1 NMSA 1978; and
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0012| [(d) criminal sexual penetration, as
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provided in Subsection C or Paragraph (4) or (5) of Subsection D
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of Section 30-9-11 NMSA 1978; and
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(e)] (d) robbery while armed with a
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0016| deadly weapon resulting in great bodily harm as provided in
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0017| Section 30-16-2 NMSA 1978 and Subsection A of Section 30-1-12
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0018| [(A)] NMSA 1978."
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0019| Section 4. Section 31-21-10 NMSA 1978 (being Laws 1980,
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0020| Chapter 28, Section 1, as amended by Laws 1994, Chapter 21,
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0021| Section 1 and also by Laws 1994, Chapter 24, Section 4) is
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0022| amended to read:
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0023| "31-21-10. PAROLE AUTHORITY AND PROCEDURE.--
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0024| A. An inmate of an institution who was sentenced to
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0025| life imprisonment as the result of the commission of a capital
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0001| felony, [or] who was convicted of three violent felonies and
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0002| sentenced pursuant to [Section] Sections 31-18-23 and 31-18-24 NMSA 1978 or who was convicted of two violent sexual
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0003| offenses and sentenced pursuant to Sections 31-18-25 and 31-18-26 NMSA 1978 becomes eligible for a parole hearing after he has
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0004| served thirty years of his sentence. Before ordering the parole
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0005| of an inmate sentenced to life imprisonment, the board shall:
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0006| (1) interview the inmate at the institution
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0007| where he is committed;
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0008| (2) consider all pertinent information
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0009| concerning the inmate, including:
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0010| (a) the circumstances of the offense;
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0011| (b) mitigating and aggravating
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0012| circumstances;
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0013| (c) whether a deadly weapon was used in
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0014| the commission of the offense;
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0015| (d) whether the inmate is a habitual
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0016| offender;
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0017| (e) the reports filed under Section
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0018| 31-21-9 NMSA 1978; and
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0019| (f) the reports of such physical and
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0020| mental examinations as have been made while in prison;
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0021| (3) make a finding that a parole is in the best
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0022| interest of society and the inmate; and
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0023| (4) make a finding that the inmate is able and
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0024| willing to fulfill the obligations of a law-abiding citizen.
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0025| If parole is denied, the inmate sentenced to life
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0001| imprisonment shall again become entitled to a parole hearing at
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0002| two-year intervals. The board may, on its own motion, reopen
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0003| any case in which a hearing has already been granted and parole
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0004| denied.
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0005| B. Unless the board finds that it is in the best
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0006| interest of society and the parolee to reduce the period of
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0007| parole, a person who was convicted of a capital felony shall be
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0008| required to undergo a minimum period of parole of five years.
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0009| During the period of parole, the person shall be under the
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0010| guidance and supervision of the board.
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0011| C. An inmate who was convicted of a first, second or
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0012| third degree felony and who has served the sentence of
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0013| imprisonment imposed by the court in a corrections facility
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0014| designated by the corrections department shall be required to
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0015| undergo a two-year period of parole. An inmate who was
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0016| convicted of a fourth degree felony and who has served the
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0017| sentence of imprisonment imposed by the court in a corrections
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0018| facility designated by the corrections department shall be
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0019| required to undergo a one-year period of parole. During the
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0020| period of parole, the person shall be under the guidance and
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0021| supervision of the board.
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0022| D. Every person while on parole shall remain in the
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0023| legal custody of the institution from which he was released, but
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0024| shall be subject to the orders of the board. The board shall
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0025| furnish to each inmate as a prerequisite to his release under
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0001| its supervision a written statement of the conditions of parole
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0002| [which] that shall be accepted and agreed to by the inmate
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0003| as evidenced by his signature affixed to a duplicate copy to be
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0004| retained in the files of the board. The board shall also
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0005| require as a prerequisite to release the submission and approval
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0006| of a parole plan. If an inmate refuses to affix his signature
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0007| to the written statement of the conditions of his parole or does
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0008| not have an approved parole plan, he shall not be released and
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0009| shall remain in the custody of the corrections facility in which
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0010| he has served his sentence, excepting parole, until such time as
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0011| the period of parole he was required to serve, less meritorious
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0012| deductions, if any, expires, at which time he shall be released
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0013| from that facility without parole, or until such time that he
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0014| evidences his acceptance and agreement to the conditions of
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0015| parole as required or receives approval for his parole plan or
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0016| both. Time served from the date that an inmate refuses to
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0017| accept and agree to the conditions of parole or fails to receive
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0018| approval for his parole plan shall reduce the period, if any, to
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0019| be served under parole at a later date. If the district court
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0020| has ordered that the inmate make restitution to a victim as
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0021| provided in Section 31-17-1 NMSA 1978, the board shall include
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0022| restitution as a condition of parole. The board shall also
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0023| personally apprise the inmate of the conditions of parole and
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0024| his duties relating thereto.
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0025| E. When a person on parole has performed the
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0001| obligations of his release for the period of parole provided in
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0002| this section, the board shall make a final order of discharge
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0003| and issue him a certificate of discharge.
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0004| F. Pursuant to the provisions of Section 31-18-15
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0005| NMSA 1978, the board shall require the inmate as a condition of
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0006| parole:
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0007| (1) to pay the actual costs of his parole
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0008| services to the [field services] adult probation and parole
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0009| division of the corrections department for deposit to the
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0010| corrections department intensive supervision fund not exceeding
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0011| one thousand twenty dollars ($1,020) annually to be paid in
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0012| monthly installments of not less than fifteen dollars ($15.00)
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0013| and not more than eighty-five dollars ($85.00), subject to
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0014| modification by the [appropriate district supervisor of the
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field services] adult probation and parole division on the
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0016| basis of changed financial circumstances; and
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0017| (2) to reimburse a law enforcement agency or
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0018| local crime stopper program for the amount of any reward paid by
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0019| the agency or program for information leading to his arrest,
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0020| prosecution or conviction.
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0021| G. The provisions of this section shall apply to
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0022| all inmates except geriatric, permanently incapacitated and
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0023| terminally ill inmates eligible for the medical and geriatric
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0024| parole program as provided by the Parole Board Act."
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0025| Section 5. 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 3, 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 742
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0015|
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0016| has had it under consideration and finds same to be GERMANE, PURSUNAT
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0017| TO SENATE EXECUTIVE MESSAGE NUMBER TWENTY FIVE, and thence referred to
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0018| the JUDICIARY 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| S0742CC1
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0014|
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0015|
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0016| FORTY-SECOND LEGISLATURE SB 742/a
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0017| SECOND SESSION, 1996
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0018|
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0019|
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0020| February 9, 1996
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0021|
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0022| Mr. President:
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0023|
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0024| Your JUDICIARY COMMITTEE, to whom has been referred
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0025|
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0001| SENATE BILL 742
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0002|
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0003| has had it under consideration and reports same WITHOUT
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0004| RECOMMENDATION, amended as follows:
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0005|
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0006| 1. On page 5, lines 11 through 14, strike the brackets and line-through in their entirety.
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0007|
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0008| 2. Reletter the succeeding subparagraph accordingly.
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0009|
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0010| 3. On page 5, line 12, strike "Paragraph (4) or (5)" and insert in
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0011| lieu thereof "Paragraph (5) or (6)",
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0012|
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0013| and thence referred to the FINANCE COMMITTEE.
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0014|
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0015| Respectfully submitted,
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0016|
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0017|
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0018|
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0019| _________________________________
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0020| Janice D. Paster, Chairman
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0021|
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0022|
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0023| Adopted_______________________ Not Adopted______________________
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0024| (Chief Clerk) (Chief Clerk)
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0025|
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0001|
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0002| Date ________________________
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0003|
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0004|
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0005| The roll call vote was 6 For 0 Against
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0006| Yes: 6
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0007| No: 0
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0008| Excused: Carraro, Sanchez, Scott
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0009| Absent: None
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0010|
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0011| S0742JU1 .111940.1
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0012| State of New Mexico
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0013| House of Representatives
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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 13, 1996
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0020|
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0021|
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0022| Mr. Speaker:
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0023|
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0024| Your JUDICIARY COMMITTEE, to whom has been referred
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0025|
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0001| SENATE BILL 742, as amended
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS.
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0005|
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0006| Respectfully submitted,
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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| Cisco McSorley, Chairman
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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| Date
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0018|
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0019| The roll call vote was 10 For 0 Against
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0020| Yes: 10
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0021| Excused: Larranaga, Sanchez, R.G., Stewart
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0022| Absent: None
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0023|
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0024|
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0025|
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0001| S0742JC1
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