0001|
|
0002| HOUSE BILL 296
|
0003| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
|
0004| 1996
|
0005| INTRODUCED BY
|
0006| EARLENE ROBERTS
|
0007|
|
0008|
|
0009|
|
0010|
|
0011|
|
0012| AN ACT
|
0013| RELATING TO JUVENILE JUSTICE; CHANGING THE PREDICATE OFFENSES
|
0014| FOR DELINQUENT OFFENDERS, YOUTHFUL OFFENDERS AND SERIOUS
|
0015| YOUTHFUL OFFENDERS; AMENDING SECTIONS OF THE NMSA 1978.
|
0016|
|
0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0018| Section 1. Section 31-18-15.2 NMSA 1978 (being Laws 1993,
|
0019| Chapter 77, Section 1, as amended) is amended to read:
|
0020| "31-18-15.2. DEFINITIONS.--As used in the Criminal
|
0021| Sentencing Act:
|
0022| A. "serious youthful offender" means an individual
|
0023| sixteen or seventeen years of age who is charged with [and
|
indicted or bound over for trial for] first degree murder or
|
0025| who is charged with a felony subsequent to a previous felony
|
0001| conviction pursuant to serious youthful offender or youthful
|
0002| offender proceedings; and
|
0003| B. "youthful offender" means a delinquent child
|
0004| subject to adult or juvenile sanctions who is:
|
0005| (1) fifteen to eighteen years of age at the
|
0006| time of the offense and who is adjudicated for at least one of
|
0007| the following offenses:
|
0008| (a) second degree murder, as provided in
|
0009| Section 30-2-1 NMSA 1978;
|
0010| (b) assault with intent to commit a
|
0011| violent felony, as provided in Section 30-3-3 NMSA 1978;
|
0012| (c) kidnapping, as provided in Section
|
0013| 30-4-1 NMSA 1978;
|
0014| (d) aggravated battery, as provided in
|
0015| Subsection C of Section 30-3-5 NMSA 1978;
|
0016| (e) aggravated battery upon a peace
|
0017| officer, as provided in Subsection C of Section 30-22-25 NMSA
|
0018| 1978;
|
0019| (f) shooting at a dwelling or occupied
|
0020| building or shooting at or from a motor vehicle, [which results
|
in great bodily harm to another person] as provided in Section
|
0022| 30-3-8 NMSA 1978;
|
0023| (g) dangerous use of explosives, as
|
0024| provided in Section 30-7-5 NMSA 1978;
|
0025| (h) criminal sexual penetration, as
|
0001| provided in Section 30-9-11 NMSA 1978;
|
0002| (i) robbery, as provided in Section
|
0003| 30-16-2 NMSA 1978;
|
0004| (j) aggravated burglary, as provided in
|
0005| Section 30-16-4 NMSA 1978; [or]
|
0006| (k) aggravated arson, as provided in
|
0007| Section 30-17-6 NMSA 1978;
|
0008| (l) abuse of a child that results in
|
0009| great bodily harm or death to the child, as provided in Section
|
0010| 30-6-1 NMSA 1978;
|
0011| (m) trafficking controlled substances,
|
0012| as provided in Subsection C of Section 30-31-20 NMSA 1978;
|
0013| (n) homicide by vehicle or great bodily
|
0014| injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
|
0015| (o) attempt to commit any of the felony
|
0016| offenses set forth in Subparagraphs (a) through (n) of this
|
0017| paragraph, as provided in Section 30-28-1 NMSA 1978;
|
0018| (p) conspiracy to commit any of the
|
0019| felony offenses set forth in Subparagraphs (a) through (n) of
|
0020| this paragraph, as provided in Section 30-28-2 NMSA 1978;
|
0021| (q) attempt to commit first degree
|
0022| murder, as provided in Section 30-28-1 NMSA 1978; or
|
0023| (r) conspiracy to commit first degree
|
0024| murder, as provided in Section 30-28-2 NMSA 1978;
|
0025| (2) fifteen to eighteen years of age at the
|
0001| time of the offense and adjudicated for any felony offense and
|
0002| who has had [three] two prior, separate felony adjudications
|
0003| within a two-year time period or three prior, separate felony
|
0004| adjudications within a five-year time period immediately
|
0005| preceding the instant offense. The felony adjudications relied
|
0006| upon as prior adjudications shall not have arisen out of the
|
0007| same transaction or occurrence or series of events related in
|
0008| time and location. Successful completion of consent decrees is
|
0009| not considered a prior adjudication for the purposes of this
|
0010| paragraph; or
|
0011| (3) fifteen years of age and adjudicated for
|
0012| first degree murder, as provided in Section 30-2-1 NMSA 1978."
|
0013| Section 2. Section 32A-2-3 NMSA 1978 (being Laws 1993,
|
0014| Chapter 77, Section 32, as amended by Laws 1995, Chapter 204,
|
0015| Section 2 and by Laws 1995, Chapter 205, Section 2 and also by
|
0016| Laws 1995, Chapter 206, Section 10) is amended to read:
|
0017| "32A-2-3. DEFINITIONS.--As used in the Delinquency Act:
|
0018| A. "delinquent act" means an act committed by a
|
0019| child that would be designated as a crime under the law if
|
0020| committed by an adult, including [but not limited to] the
|
0021| following offenses:
|
0022| (1) pursuant to municipal traffic codes or the
|
0023| Motor Vehicle Code:
|
0024| (a) any driving while under the influence
|
0025| of intoxicating liquor or drugs;
|
0001| (b) any failure to stop in the event of
|
0002| an accident causing death, personal injury or damage to
|
0003| property;
|
0004| (c) any unlawful taking of a vehicle or
|
0005| motor vehicle;
|
0006| (d) any receiving or transferring of a
|
0007| stolen vehicle or motor vehicle;
|
0008| [(e) any homicide by vehicle;
|
(f)] (e) any injuring or tampering
|
0010| with a vehicle;
|
0011| [(g)] (f) any altering or changing of
|
0012| an engine number or other vehicle identification numbers;
|
0013| [(h)] (g) any altering or forging of
|
0014| a driver's license or permit or any making of a fictitious
|
0015| license or permit;
|
0016| [(i)] (h) reckless driving;
|
0017| [(j)] (i) driving with a suspended or
|
0018| revoked license; or
|
0019| [(k)] (j) any offense punishable as a
|
0020| felony;
|
0021| (2) buying, attempting to buy, receiving,
|
0022| possessing or being served any alcoholic liquor or being present
|
0023| in a licensed liquor establishment, other than a restaurant or a
|
0024| licensed retail liquor establishment, except in the presence of
|
0025| the child's parent, guardian, custodian or adult spouse. As
|
0001| used in this paragraph, "restaurant" means any establishment
|
0002| where meals are prepared and served primarily for on-premises
|
0003| consumption and that has a dining room, a kitchen and the
|
0004| employees necessary for preparing, cooking and serving meals.
|
0005| "Restaurant" does not include establishments, as defined in
|
0006| regulations promulgated by the director of the special
|
0007| investigations division of the department of public safety, that
|
0008| serve only hamburgers, sandwiches, salads and other fast foods;
|
0009| (3) any felony violation of the provisions of
|
0010| Sections 17-1-1 through 17-5-9 NMSA 1978 or any regulations
|
0011| adopted by the state game commission that relate to the time,
|
0012| extent, means or manner that game animals, birds or fish may be
|
0013| hunted, taken, captured, killed, possessed, sold, purchased or
|
0014| shipped and for which a fine may be imposed or a civil damage
|
0015| awarded;
|
0016| (4) any violation of Section 30-29-2 NMSA 1978,
|
0017| regarding the illegal use of a glue, aerosol spray product or
|
0018| other chemical substance;
|
0019| (5) any violation of the Controlled Substances
|
0020| Act except a violation of Subsection C of Section 30-31-20 NMSA
|
0021| 1978; [or]
|
0022| (6) escape from the custody of a law
|
0023| enforcement officer or a juvenile probation or parole officer or
|
0024| from any placement made by the department by a child who has
|
0025| been adjudicated a delinquent child; or
|
0001| (7) any violation of Section 30-15-1.1 NMSA
|
0002| 1978 regarding unauthorized graffiti on personal or real
|
0003| property;
|
0004| B. "delinquent child" means a child who has
|
0005| committed a delinquent act;
|
0006| C. "delinquent offender" means a delinquent child
|
0007| who is subject to juvenile sanctions only and who is not a
|
0008| youthful offender or a serious youthful offender;
|
0009| D. "detention facility" means a place where a child
|
0010| may be detained under the Children's Code pending court hearing
|
0011| and does not include a facility for the care and rehabilitation
|
0012| of an adjudicated delinquent child;
|
0013| E. "felony" means an act that would be a felony if
|
0014| committed by an adult;
|
0015| F. "misdemeanor" means an act that would be a
|
0016| misdemeanor or petty misdemeanor if committed by an adult;
|
0017| G. "restitution" means financial reimbursement by
|
0018| the child to the victim or community service imposed by the
|
0019| court and is limited to easily ascertainable damages for injury
|
0020| to or loss of property, actual expenses incurred for medical,
|
0021| psychiatric and psychological treatment for injury to a person
|
0022| and lost wages resulting from physical injury, which are a
|
0023| direct and proximate result of a delinquent act. "Restitution"
|
0024| does not include reimbursement for damages for mental anguish,
|
0025| pain and suffering or other intangible losses. As used in this
|
0001| subsection, "victim" means any person who is injured or suffers
|
0002| damage of any kind by an act that is the subject of a complaint
|
0003| or referral to law enforcement officers or juvenile probation
|
0004| authorities. Nothing contained in this definition limits or
|
0005| replaces the provisions of Subsections A and B of Section
|
0006| 32A-2-27 NMSA 1978;
|
0007| H. "serious youthful offender" means an individual
|
0008| sixteen or seventeen years of age who is charged with [and
|
indicted or bound over for trial for] first degree murder or
|
0010| who is charged with a felony subsequent to a previous felony
|
0011| conviction pursuant to serious youthful offender or youthful
|
0012| offender proceedings. A "serious youthful offender" is not a
|
0013| delinquent child as defined pursuant to the provisions of this
|
0014| section; and
|
0015| I. "youthful offender" means a delinquent child
|
0016| subject to adult or juvenile sanctions who is:
|
0017| (1) fifteen to eighteen years of age at the
|
0018| time of the offense and who is adjudicated for at least one of
|
0019| the following offenses:
|
0020| (a) second degree murder, as provided in
|
0021| Section 30-2-1 NMSA 1978;
|
0022| (b) assault with intent to commit a
|
0023| violent felony, as provided in Section 30-3-3 NMSA 1978;
|
0024| (c) kidnapping, as provided in Section
|
0025| 30-4-1 NMSA 1978;
|
0001| (d) aggravated battery, as provided in
|
0002| Subsection C of Section 30-3-5 NMSA 1978;
|
0003| (e) aggravated battery upon a peace
|
0004| officer, as provided in Subsection C of Section 30-22-25 NMSA
|
0005| 1978;
|
0006| [(e)] (f) shooting at a dwelling or
|
0007| occupied building or shooting at or from a motor vehicle,
|
0008| [which results in great bodily harm to another person] as
|
0009| provided in Section 30-3-8 NMSA 1978;
|
0010| [(f)] (g) dangerous use of
|
0011| explosives, as provided in Section 30-7-5 NMSA 1978;
|
0012| [(g)] (h) criminal sexual
|
0013| penetration, as provided in Section 30-9-11 NMSA 1978;
|
0014| [(h)] (i) robbery, as provided in
|
0015| Section 30-16-2 NMSA 1978;
|
0016| [(i)] (j) aggravated burglary, as
|
0017| provided in Section 30-16-4 NMSA 1978; [or
|
(j)] (k) aggravated arson, as provided
|
0019| in Section 30-17-6 NMSA 1978;
|
0020| (l) abuse of a child that results in
|
0021| great bodily harm or death to the child, as provided in Section
|
0022| 30-6-1 NMSA 1978;
|
0023| (m) trafficking controlled substances,
|
0024| as provided in Subsection C of Section 30-31-20 NMSA 1978;
|
0025| (n) homicide by vehicle or great bodily
|
0001| injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
|
0002| (o) attempt to commit any of the felony
|
0003| offenses set forth in Subparagraphs (a) through (n) of this
|
0004| paragraph, as provided in Section 30-28-1 NMSA 1978;
|
0005| (p) conspiracy to commit any of the
|
0006| felony offenses set forth in Subparagraphs (a) through (n) of
|
0007| this paragraph, as provided in Section 30-28-2 NMSA 1978;
|
0008| (q) attempt to commit first degree
|
0009| murder, as provided in Section 30-28-1 NMSA 1978; or
|
0010| (r) conspiracy to commit first degree
|
0011| murder, as provided in Section 30-28-2 NMSA 1978;
|
0012| (2) fifteen to eighteen years of age at the
|
0013| time of the offense and adjudicated for any felony offense and
|
0014| who has had [three] two prior, separate felony adjudications
|
0015| within a [three-year] two-year time period or three prior,
|
0016| separate felony adjudications within a five-year time period
|
0017| immediately preceding the instant offense. The felony
|
0018| adjudications relied upon as prior adjudications shall not have
|
0019| arisen out of the same transaction or occurrence or series of
|
0020| events related in time and location. Successful completion of
|
0021| consent decrees are not considered a prior adjudication for the
|
0022| purposes of this paragraph; or
|
0023| (3) fifteen years of age and adjudicated for
|
0024| first degree murder, as provided in Section 30-2-1 NMSA 1978."
|
0025| Section 3. EFFECTIVE DATE.--The effective date of the
|
0001| provisions of this act is July 1, 1996.
|
0002| State of New Mexico
|
0003| House of Representatives
|
0004|
|
0005| FORTY-SECOND LEGISLATURE
|
0006| SECOND SESSION, 1996
|
0007|
|
0008| January 29, l996
|
0009|
|
0010|
|
0011| Mr. Speaker:
|
0012|
|
0013| Your RULES AND ORDER OF BUSINESS COMMITTEE, to
|
0014| whom has been referred
|
0015|
|
0016| HOUSE BILL 296
|
0017|
|
0018| has had it under consideration and finds same to be
|
0019| GERMANE in accordance with constitutional provisions.
|
0020|
|
0021| Respectfully submitted,
|
0022|
|
0023|
|
0024|
|
0025|
|
0001| Barbara A. Perea Casey,
|
0002| Chairperson
|
0003|
|
0004|
|
0005| Adopted Not Adopted
|
0006|
|
0007| (Chief Clerk) (Chief Clerk)
|
0008|
|
0009| Date
|
0010|
|
0011| The roll call vote was 9 For 0 Against
|
0012| Yes: 9
|
0013| Excused: Lujan, Nicely, Olguin, Pederson, Wallach,
|
0014| S. Williams
|
0015| Absent: None
|
0016|
|
0017|
|
0018| H0296RC1 State of New Mexico
|
0019| House of Representatives
|
0020|
|
0021| FORTY-SECOND LEGISLATURE
|
0022| SECOND SESSION, 1996
|
0023|
|
0024| January 29, l996
|
0025|
|
0001|
|
0002| Mr. Speaker:
|
0003|
|
0004| Your RULES AND ORDER OF BUSINESS COMMITTEE, to
|
0005| whom has been referred
|
0006|
|
0007| HOUSE BILL 296
|
0008|
|
0009| has had it under consideration and finds same to be
|
0010| GERMANE in accordance with constitutional provisions.
|
0011|
|
0012| Respectfully submitted,
|
0013|
|
0014|
|
0015|
|
0016|
|
0017| Barbara A. Perea Casey,
|
0018| Chairperson
|
0019|
|
0020|
|
0021| Adopted Not Adopted
|
0022|
|
0023| (Chief Clerk) (Chief Clerk)
|
0024|
|
0025| Date
|
0001|
|
0002| The roll call vote was 9 For 0 Against
|
0003| Yes: 9
|
0004| Excused: Lujan, Nicely, Olguin, Pederson, Wallach,
|
0005| S. Williams
|
0006| Absent: None
|
0007|
|
0008|
|
0009| H0296RC1
|