HOUSE MEMORIAL 22

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Antonio "Moe" Maestas

A MEMORIAL

REQUESTING A LEGISLATIVE INTERIM COMMITTEE CONCERNED WITH CRIMINAL JUSTICE ISSUES TO FACILITATE A DIALOGUE AMONG THE COURTS, DISTRICT ATTORNEYS, PUBLIC DEFENDERS AND CRIMINAL DEFENSE BAR TO CONSIDER THE CREATION OF THREE NEW LEVELS OF FELONY CRIMINAL SENTENCING IN NEW MEXICO.

     WHEREAS, the criminal justice system of the state of New Mexico must prioritize violent crimes; and

     WHEREAS, the best way for the legislature to lead on this issue is to ensure that in the Criminal Code the most egregious crimes carry the longest sentences; and

     WHEREAS, criminal justice reform efforts are sweeping the nation, from the federal to the state to the local government level; and

     WHEREAS, since 2007, twenty-six states have taken on criminal justice reform and worked to enact reform measures; and

     WHEREAS, several bills were introduced in the 2015 United States congress on a bipartisan basis to implement federal criminal justice reform measures; and

     WHEREAS, bipartisan resources exist to support state legislators in undertaking criminal justice reform; and

     WHEREAS, a number of states and the federal government have examined their sentencing structures as part of their criminal justice reform efforts; and

     WHEREAS, New Mexico's current criminal sentencing structure provides greater penalties for some nonviolent crimes than for some violent crimes; and

     WHEREAS, the current felony penalty structure in New Mexico has four degrees of felonies, which have sentences of imprisonment of up to eighteen months, up to three years, up to nine years and eighteen years mandatory; and

     WHEREAS, many attempts to increase criminal penalties have failed because the leap from a three-year prison sentence to a nine-year prison sentence may contradict penalties for other crimes; and

     WHEREAS, to make the penalty for third degree felony vehicular homicide a six-year prison term, it took a special penalty structure; and

     WHEREAS, the creation of three new felony levels would give the legislature more flexibility in appropriately increasing or decreasing penalties; and

     WHEREAS, providing more flexibility in sentencing by adding three new felony levels would allow policymakers to prioritize violent crimes over nonviolent crimes; and

     WHEREAS, while adding three new felony levels would eliminate the need for "special penalties" for many crimes, homicide would remain a special penalty crime and maintain its current penalty structure under the law; and

     WHEREAS, a possible proposal for a new felony sentencing structure could be as follows:

          A. up to eighteen years imprisonment for a first degree felony conviction;

           B. twelve years imprisonment for a second degree felony conviction;

          C. nine years imprisonment for a third degree felony conviction;

          D. six years imprisonment for a fourth degree felony conviction;

          E. three years imprisonment for a fifth degree felony conviction;

          F. eighteen months imprisonment for a sixth degree felony conviction; and

          G. one year imprisonment for a seventh degree felony conviction;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that a legislative interim committee concerned with criminal justice issues facilitate a dialogue among the courts, district attorneys, public defenders and criminal defense bar to consider the utility of creating three new levels of felony offenses for one-, six- and twelve-year imprisonment terms; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council.

- 4 -