SENATE BILL
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Antonio Maestas
AN ACT
RELATING TO CRIMINAL SENTENCING; INCREASING THE PENALTY FOR ATTEMPTED MURDER IN THE SECOND DEGREE; INCREASING THE PENALTY FOR SECOND DEGREE MURDER TO EIGHTEEN YEARS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-28-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 28-1) is amended to read:
"30-28-1. ATTEMPT TO COMMIT A FELONY.--Attempt to commit a felony consists of an overt act in furtherance of and with intent to commit a felony and tending but failing to effect its commission.
Whoever commits attempt to commit a felony, upon conviction thereof, shall be punished as follows:
A. if the crime attempted is a capital or first degree felony, the person committing such attempt is guilty of a second degree felony;
B. if the crime attempted is a second degree felony, the person committing such attempt is guilty of a third degree felony;
C. if the crime attempted is murder in the second degree, the person committing the attempted murder is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, the basic sentence of imprisonment is nine years;
[C.] D. if the crime attempted is a third degree felony, the person committing such attempt is guilty of a fourth degree felony; and
[D.] E. if the crime attempted is a fourth degree felony, the person committing such attempt is guilty of a misdemeanor.
No person shall be sentenced for an attempt to commit a misdemeanor."
SECTION 2. Section 31-18-15 NMSA 1978 (being Laws 1977, Chapter 216, Section 4, as amended) is amended to read:
"31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES--BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS DEDUCTIONS.--
A. As used in a statute that establishes a noncapital felony, the following defined felony classifications and associated basic sentences of imprisonment are as follows:
FELONY CLASSIFICATION BASIC SENTENCE
first degree felony
resulting in the death
of a child life imprisonment
first degree felony for
aggravated criminal sexual
penetration life imprisonment
first degree felony eighteen years imprisonment
second degree felony
resulting in the death of
a human being [fifteen] eighteen years
imprisonment
second degree felony for a
sexual offense against a
child fifteen years imprisonment
second degree felony for
sexual exploitation of
children twelve years imprisonment
second degree felony nine years imprisonment
third degree felony resulting
in the death of a human being six years imprisonment
third degree felony for a
sexual offense against a
child six years imprisonment
third degree felony for sexual
exploitation of children eleven years imprisonment
third degree felony three years imprisonment
fourth degree felony for
sexual exploitation of
children ten years imprisonment
fourth degree felony eighteen months imprisonment.
B. The appropriate basic sentence of imprisonment shall be imposed upon a person convicted and sentenced pursuant to Subsection A of this section, unless the court alters the sentence pursuant to the provisions of the Criminal Sentencing Act.
C. A period of parole shall be imposed only for felony convictions wherein a person is sentenced to imprisonment of more than one year, unless the parties to a proceeding agree that a period of parole should be imposed. If a period of parole is imposed, the court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978 after the completion of any actual time of imprisonment and authority to require, as a condition of parole, the payment of the costs of parole services and reimbursement to a law enforcement agency or local crime stopper program in accordance with the provisions of that section. If imposed, the period of parole shall be deemed to be part of the sentence of the convicted person in addition to the basic sentence imposed pursuant to Subsection A of this section together with alterations, if any, pursuant to the provisions of the Criminal Sentencing Act.
D. When a court imposes a sentence of imprisonment pursuant to the provisions of Section 31-18-15.1, 31-18-16 or 31-18-17 NMSA 1978 and suspends or defers the basic sentence of imprisonment provided pursuant to the provisions of Subsection A of this section, the period of parole shall be served in accordance with the provisions of Section 31-21-10 NMSA 1978 for the degree of felony for the basic sentence for which the inmate was convicted. For the purpose of designating a period of parole, a court shall not consider that the basic sentence of imprisonment was suspended or deferred and that the inmate served a period of imprisonment pursuant to the provisions of the Criminal Sentencing Act.
E. The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed:
(1) for a first degree felony resulting in the death of a child, seventeen thousand five hundred dollars ($17,500);
(2) for a first degree felony for aggravated criminal sexual penetration, seventeen thousand five hundred dollars ($17,500);
(3) for a first degree felony, fifteen thousand dollars ($15,000);
(4) for a second degree felony resulting in the death of a human being, twelve thousand five hundred dollars ($12,500);
(5) for a second degree felony for a sexual offense against a child, twelve thousand five hundred dollars ($12,500);
(6) for a second degree felony for sexual exploitation of children, five thousand dollars ($5,000);
(7) for a second degree felony, ten thousand dollars ($10,000);
(8) for a third degree felony resulting in the death of a human being, five thousand dollars ($5,000);
(9) for a third degree felony for a sexual offense against a child, five thousand dollars ($5,000);
(10) for a third degree felony for sexual exploitation of children, five thousand dollars ($5,000);
(11) for a third or fourth degree felony, five thousand dollars ($5,000); or
(12) for a fourth degree felony for sexual exploitation of children, five thousand dollars ($5,000).
F. When the court imposes a sentence of imprisonment for a felony offense, the court shall indicate whether or not the offense is a serious violent offense as defined in Section 33-2-34 NMSA 1978. The court shall inform an offender that the offender's sentence of imprisonment is subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. If the court fails to inform an offender that the offender's sentence is subject to those provisions or if the court provides the offender with erroneous information regarding those provisions, the failure to inform or the error shall not provide a basis for a writ of habeas corpus.
G. No later than October 31 of each year, the New Mexico sentencing commission shall provide a written report to the secretary of corrections, all New Mexico criminal court judges, the administrative office of the district attorneys and the chief public defender. The report shall specify the average reduction in the sentence of imprisonment for serious violent offenses and nonviolent offenses, as defined in Section 33-2-34 NMSA 1978, due to meritorious deductions earned by prisoners during the previous fiscal year pursuant to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. The corrections department shall allow the commission access to documents used by the department to determine earned meritorious deductions for prisoners."
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