RELATING TO CAPITAL FELONY SENTENCING; REQUIRING AN EXPLANATION BY THE COURT AT THE BEGINNING OF A SENTENCING HEARING FOR A CAPITAL FELONY CASE HEARD BY A JURY; ENACTING A NEW SECTION OF THE NMSA 1978.

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

Section 1. A new section 31-18-14.1 NMSA 1978 is enacted to read:

"31-18-14.1. CAPITAL FELONY CASE HEARD BY A JURY--SENTENCING HEARING--EXPLANATION BY COURT TO THE JURY.--At the beginning of a sentencing hearing for a capital felony case, subsequent to a verdict by the jury that the defendant is guilty of a capital felony, the court shall explain to the jury that a sentence of life imprisonment means that the defendant shall serve thirty years of his sentence before he becomes eligible for a parole hearing, as provided in Section 31-21-10 NMSA 1978."

Section 2. APPLICABILITY.--The provisions of Section 31-18-14.1 NMSA 1978 apply to persons convicted of a capital felony offense committed on or after July 1, 2001.

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.

HB 694

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