HOUSE BILL 242

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Jane E. Powdrell-Culbert

 

 

 

 

 

AN ACT

RELATING TO CRIMINAL SENTENCING; LIMITING THE REDUCTION, DEFERMENT OR SUSPENSION OF SENTENCES OR THE GRANTING OF CONDITIONAL DISCHARGES FOR CERTAIN CRIMES.

 

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

     SECTION 1. Section 30-16-2 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-2, as amended) is amended to read:

     "30-16-2. ROBBERY.--Robbery consists of the theft of anything of value from the person of another or from the immediate control of another by use or threatened use of force or violence.

     Whoever commits robbery is guilty of a third degree felony.

     Whoever commits robbery while armed with a deadly weapon is, for the first offense, guilty of a second degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a minimum term of imprisonment of three years, which shall not be suspended or deferred; and for second and subsequent offenses, [is] guilty of a first degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a minimum term of imprisonment of six years, which shall not be suspended or deferred."

     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] a vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with intent to commit [any] a felony or theft [therein] in it and the person either:

          A. is armed with a deadly weapon;

          B. after entering, [arms himself] is armed with a deadly weapon; or

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

     Whoever commits aggravated burglary is guilty of a second degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a minimum term of imprisonment of three years, which shall not be suspended or deferred."

     SECTION 3. Section 31-20-13 NMSA 1978 (being Laws 1993, Chapter 283, Section 2, as amended) is amended to read:

     "31-20-13. CONDITIONAL DISCHARGE ORDER--EXCEPTION.--

          A. When a person who has not been previously convicted of a felony offense is found guilty of a crime for which a deferred or suspended sentence is authorized, the court may, without entering an adjudication of guilt, enter a conditional discharge order and place the person on probation on terms and conditions authorized by Sections 31-20-5 and

31-20-6 NMSA 1978. A conditional discharge order may only be made available once with respect to any person.

          B. If the person violates any of the conditions of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.

          C. The court shall not enter a conditional discharge order for a person found guilty of driving a motor vehicle while under the influence of intoxicating liquor or drugs pursuant to the provisions of Section 66-8-102 NMSA 1978.

          D. The court shall not enter a conditional discharge order for a person found guilty of robbery while armed with a deadly weapon or aggravated burglary as set forth in Sections 30-16-2 and 30-16-4 NMSA 1978."

     SECTION 4. APPLICABILITY.--The provisions of this act apply to persons who are convicted on or after July 1, 2018.

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.