44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CRIMINAL SENTENCING; INCREASING CRIMINAL PENALTIES FOR OFFENDERS WHO ARE CONVICTED A SECOND OR SUBSEQUENT TIME FOR BURGLARY OR AGGRAVATED BURGLARY; AMENDING SECTIONS OF THE NMSA 1978L

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 30-16-3 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-3, as amended) is amended to read:

"30-16-3. BURGLARY.--Burglary consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with the intent to commit any felony or theft therein.

A. Any person who, without authorization, enters a dwelling house with intent to commit any felony or theft therein is guilty of a third degree felony. Upon a second or subsequent conviction, the offender is guilty of a second degree felony.

B. Any person who, without authorization, enters any vehicle, watercraft, aircraft or other structure, movable or immovable, with intent to commit any felony or theft therein is guilty of a fourth degree felony."

Section 2. Section 30-16-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-4) is amended to read:

"30-16-4. AGGRAVATED BURGLARY.--Aggravated burglary consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with intent to commit any felony or theft therein and the person either:

A. is armed with a deadly weapon;

B. after entering, arms himself with a deadly weapon; or

C. commits a battery upon any person while in such place or in entering or leaving such place.

Whoever commits aggravated burglary is guilty of a second degree felony. Upon a second or subsequent conviction, the offender is guilty of a first degree felony."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.