45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CRIMINAL SENTENCING; AMENDING THE HABITUAL OFFENDER STATUTE WITH REGARD TO FELONY CONVICTIONS FOR POSSESSION OR TRAFFICKING OF CONTROLLED SUBSTANCES.

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

Section 1. Section 31-18-17 NMSA 1978 (being Laws 1977, Chapter 216, Section 6, as amended by Laws 1993, Chapter 77, Section 9 and also by Laws 1993, Chapter 283, Section 1) is amended to read:

"31-18-17. HABITUAL OFFENDERS--ALTERATION OF BASIC SENTENCE.--

A. For the purposes of this section, "prior felony conviction" means:

(1) a conviction for a prior felony committed within New Mexico whether within the Criminal Code or not; or

(2) any prior felony for which the person was convicted other than an offense triable by court martial if:

(a) the conviction was rendered by a court of another state, the United States, a territory of the United States or the commonwealth of Puerto Rico;

(b) the offense was punishable, at the time of conviction, by death or a maximum term of imprisonment of more than one year; or

(c) the offense would have been classified as a felony in this state at the time of conviction.

B. Any person convicted of a noncapital felony in this state whether within the Criminal Code [or the Controlled Substances Act] or not who has incurred one prior felony conviction which was part of a separate transaction or occurrence or conditional discharge under Section [31-20-7] 31-20-13 NMSA 1978 is a habitual offender and his basic sentence shall be increased by one year, and the sentence imposed [by] pursuant to this subsection shall not be suspended or deferred; provided that when the instant felony conviction or a prior felony conviction is a felony conviction for possession of a controlled substance or trafficking of a controlled substance, as provided in the Controlled Substances Act, the sentence imposed pursuant to this subsection may be increased by one year.

C. Any person convicted of a noncapital felony in this state whether within the Criminal Code [or the Controlled Substances Act] or not who has incurred two prior felony convictions which were parts of separate transactions or occurrences or conditional discharge under Section [31-20-7] 31-20-13 NMSA 1978 is a habitual offender and his basic sentence shall be increased by four years, and the sentence imposed [by] pursuant to this subsection shall not be suspended or deferred; provided that when the instant felony conviction or a prior felony conviction is a felony conviction for possession of a controlled substance or trafficking of a controlled substance, as provided in the Controlled Substances Act, the sentence imposed pursuant to this subsection may be increased by four years.

D. Any person convicted of a noncapital felony in this state whether within the Criminal Code [or the Controlled Substances Act] or not who has incurred three or more prior felony convictions [which] that were parts of separate transactions or occurrences or conditional discharge under Section [31-20-7] 31-20-13 NMSA 1978 is a habitual offender and his basic sentence shall be increased by eight years, and the sentence imposed [by] pursuant to this subsection shall not be suspended or deferred; provided that when the instant felony conviction or a prior felony conviction is a felony conviction for possession of a controlled substance or trafficking of a controlled substance, as provided in the Controlled Substances Act, the sentence imposed pursuant to this subsection may be increased by eight years."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.