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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0007|     in which a firearm is used, the basic sentence of imprisonment
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0008|     prescribed in Section 31-18-15 NMSA 1978 shall be increased by
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0009|     three years, and the sentence imposed by this subsection shall
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0010|     be the first three years served and shall not be suspended or
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0011|     deferred; provided that when the offender is a serious
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0012|     youthful offender or a youthful offender, the sentence imposed
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0013|     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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