SENATE BILL 650

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Clinton D. Harden

AN ACT

RELATING TO CRIMINAL SENTENCING; PROHIBITING THE SUSPENSION OR DEFERMENT OF A PRISON SENTENCE FOR A SECOND OR SUBSEQUENT CONVICTION FOR TRAFFICKING CONTROLLED SUBSTANCES.

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

     Section 1. Section 30-31-20 NMSA 1978 (being Laws 1972, Chapter 84, Section 20, as amended) is amended to read:

     "30-31-20. TRAFFICKING CONTROLLED SUBSTANCES--VIOLATION.--

          A. As used in the Controlled Substances Act, "traffic" means the:

                (1) manufacture of a controlled substance enumerated in Schedules I through V or a controlled substance analog as defined in Subsection W of Section 30-31-2 NMSA 1978;

                (2) distribution, sale, barter or giving away of:

                     (a) a controlled substance enumerated in Schedule I or II that is a narcotic drug;

                     (b) a controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or

                     (c) methamphetamine, its salts, isomers and salts of isomers; or

                (3) possession with intent to distribute:

                     (a) a controlled substance enumerated in Schedule I or II that is a narcotic drug;                                       (b) controlled substance analog of a controlled substance enumerated in Schedule I or II that is a narcotic drug; or

                     (c) methamphetamine, its salts, isomers and salts of isomers.

          B. Except as authorized by the Controlled Substances Act, it is unlawful for a person to intentionally traffic. A person who violates this subsection is:

                (1) for the first offense, guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; and

                (2) for the second and subsequent offenses, guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. A sentence imposed pursuant to this paragraph shall not, in whole or in part, be suspended, deferred or taken under advisement.              C. A person who knowingly violates Subsection B of this section within a drug-free school zone excluding private property residentially zoned or used primarily as a residence is guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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