0001| SENATE BILL 126
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| DIANNA J. DURAN
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0005|
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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| AN ACT
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0011| RELATING TO CRIMINAL LAW; INCREASING SENTENCING ENHANCEMENTS
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0012| FOR THE USE OF A FIREARM IN THE COMMISSION OF A NONCAPITAL
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0013| FELONY; AMENDING A SECTION OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 31-18-16 NMSA 1978 (being Laws 1977,
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0017| Chapter 216, Section 5, as amended) is amended to read:
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0018| "31-18-16. USE OF FIREARM--ALTERATION OF BASIC
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0019| SENTENCE--SUSPENSION AND DEFERRAL LIMITED.--
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0020| A. When a separate finding of fact by the court or
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0021| jury shows that a firearm was [used] possessed by an
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0022| offender in the commission of a noncapital felony, the basic
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0023| sentence of imprisonment prescribed for the offense in Section
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0024| 31-18-15 NMSA 1978 shall be increased by [one year] five
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0025| years, and the sentence imposed by this subsection shall be
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0001| the first [year] years served and shall not be suspended
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0002| or deferred; provided that when the offender is a serious
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0003| youthful offender or a youthful offender, the sentence imposed
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0004| by this subsection may be increased by [one year] five
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0005| years.
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0006| [B. For a second or subsequent noncapital felony
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in which a firearm is used, the basic sentence of imprisonment
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prescribed in Section 31-18-15 NMSA 1978 shall be increased by
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three years, and the sentence imposed by this subsection shall
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be the first three years served and shall not be suspended or
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deferred; provided that when the offender is a serious
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youthful offender or a youthful offender, the sentence imposed
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by this subsection may be increased by three years.]
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0014| B. When a separate finding of fact by the court
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0015| or jury shows that a firearm was discharged in the commission
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0016| of a noncapital felony, the basic sentence of imprisonment
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0017| prescribed for the offense in Section 31-18-15 NMSA 1978 shall
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0018| be increased by ten years, and the sentence imposed by this
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0019| subsection shall be the first years served and shall not be
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0020| suspended or deferred; provided that when the offender is a
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0021| serious youthful offender or a youthful offender, the sentence
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0022| imposed by this subsection may be increased by ten years.
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0023| C. When a separate finding of fact by the court or
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0024| jury shows that a firearm was used and resulted in injury to
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0025| another person in the commission of a noncapital felony, the
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0001| basic sentence of imprisonment prescribed for the offense in
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0002| Section 31-18-15 NMSA 1978 shall be increased by twenty years,
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0003| and the sentence imposed by this subsection shall be the first
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0004| years served and shall not be suspended or deferred; provided
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0005| that when the offender is a serious youthful offender or a
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0006| youthful offender, the sentence imposed by this subsection may
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0007| be increased by twenty years.
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0008| [C.] D. If the case is tried before a jury and
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0009| if a prima facie case has been established showing that a
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0010| firearm was [used] possessed, discharged or used and
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0011| resulted in injury to another person in the commission of the
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0012| offense, the court shall submit the issue to the jury by
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0013| special interrogatory. If the case is tried by the court and
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0014| if a prima facie case has been established showing that a
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0015| firearm was [used] possessed, discharged or used and
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0016| resulted in injury to another person in the commission of the
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0017| offense, the court shall decide the issue and shall make a
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0018| separate finding of fact thereon."
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0019| Section 2. EFFECTIVE DATE.--The effective date of the
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0020| provisions of this act is July 1, 1998.
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0021|
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