0001| SENATE BILL 1270 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| CARLOS R. CISNEROS | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE. | 0012| | 0013| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0014| | 0015| | 0016| FORTY-THIRD LEGISLATURE | 0017| FIRST SESSION, 1997 | 0018| | 0019| | 0020| February 28, 1997 | 0021| | 0022| Mr. President: | 0023| | 0024| Your WAYS AND MEANS COMMITTEE, to whom has been | 0025| referred | 0001| | 0002| SENATE BILL 1270 | 0003| | 0004| has had it under consideration and reports same with | 0005| recommendation that it DO NOT PASS, but that | 0006| | 0007| SENATE WAYS AND MEANS COMMITTEE SUBSTITUTE FOR | 0008| SENATE BILL 1270 | 0009| | 0010| DO PASS, and thence referred to the COMMITTEES' COMMITTEE. | 0011| | 0012| Respectfully submitted, | 0013| | 0014| | 0015| | 0016| __________________________________ | 0017| Carlos R. Cisneros, Chairman | 0018| | 0019| | 0020| | 0021| Adopted_______________________ Not Adopted_______________________ | 0022| (Chief Clerk) (Chief Clerk) | 0023| | 0024| | 0025| Date ________________________ | 0001| | 0002| | 0003| The roll call vote was 5 For 0 Against | 0004| Yes: 5 | 0005| No: 0 | 0006| Excused: Duran, Jennings, McSorley, Nava | 0007| Absent: None | 0008| | 0009| | 0010| S1270WM1 SENATE WAYS AND MEANS COMMITTEE SUBSTITUTE FOR | 0011| SENATE BILL 1270 | 0012| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| AN ACT | 0021| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; | 0022| INCREASING THE PENALTIES FOR CERTAIN CONTROLLED SUBSTANCES | 0023| VIOLATIONS. | 0024| | 0025| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0001| Section 1. Section 30-31-22 NMSA 1978 (being Laws 1972, | 0002| Chapter 84, Section 22, as amended) is amended to read: | 0003| "30-31-22. CONTROLLED OR COUNTERFEIT SUBSTANCES-- | 0004| DISTRIBUTION PROHIBITED.-- | 0005| A. Except as authorized by the Controlled Substances | 0006| Act, it is unlawful for any person to intentionally distribute | 0007| or possess with intent to distribute a controlled substance or | 0008| a controlled substance analog except a substance enumerated in | 0009| Schedule I or II that is a narcotic drug or a controlled | 0010| substance analog of a controlled substance enumerated in | 0011| Schedule I or II that is a narcotic drug. Any person who | 0012| violates this subsection with respect to: | 0013| (1) marijuana is: | 0014| (a) except as provided in Subparagraph (c) | 0015| of this paragraph, for the first offense, guilty of a fourth | 0016| degree felony and shall be sentenced pursuant to the provisions | 0017| of Section 31-18-15 NMSA 1978; | 0018| (b) for the second and subsequent offenses, | 0019| guilty of a third degree felony and shall be sentenced pursuant | 0020| to the provisions of Section 31-18-15 NMSA 1978; | 0021| (c) for the first offense, if more than one | 0022| hundred pounds is possessed with intent to distribute or | 0023| distributed or both, guilty of a third degree felony and shall | 0024| be sentenced pursuant to the provisions of Section 31-18-15 | 0025| NMSA 1978; and | 0001| (d) for the second and subsequent offenses, | 0002| if more than one hundred pounds is possessed with intent to | 0003| distribute or distributed or both, guilty of a second degree | 0004| felony and shall be sentenced pursuant to the provisions of | 0005| Section 31-18-15 NMSA 1978; | 0006| (2) except as provided in Paragraph (3) of this | 0007| subsection, any other controlled substance enumerated in | 0008| Schedule I, II, III or IV or a controlled substance analog of a | 0009| controlled substance enumerated in Schedule I, II, III or IV | 0010| except a substance enumerated in Schedule I or II that is a | 0011| narcotic drug or a controlled substance analog of a controlled | 0012| substance enumerated in Schedule I or II that is a narcotic | 0013| drug, is: | 0014| (a) for the first offense, guilty of a third | 0015| degree felony and shall be sentenced pursuant to the provisions of | 0016| Section 31-18-15 NMSA 1978; and | 0017| (b) for the second and subsequent offenses, | 0018| guilty of a second degree felony and shall be sentenced pursuant | 0019| to the provisions of Section 31-18-15 NMSA 1978; ~~[and]~~ | 0020| (3) methamphetamine, its salts, isomers and salts | 0021| of isomers as enumerated in Schedule II or a controlled substance | 0022| analog of methamphetamine, its salts, isomers and salts of | 0023| isomers, is: | 0024| (a) for the first offense, guilty of a second | 0025| degree felony and shall be sentenced pursuant to the provisions of | 0001| Section 31-18-15 NMSA 1978; and | 0002| (b) for the second and subsequent offenses, | 0003| guilty of a first degree felony and shall be sentenced pursuant to | 0004| the provisions of Section 31-18-15 NMSA 1978; and | 0005| ~~[(3)]~~ (4) a controlled substance enumerated in | 0006| Schedule V or a controlled substance analog of a controlled | 0007| substance enumerated in Schedule V is guilty of a misdemeanor and | 0008| shall be punished by a fine of not less than one hundred dollars | 0009| ($100) or more than five hundred dollars ($500) or by imprisonment | 0010| for a definite term not less than one hundred eighty days but less | 0011| than one year, or both. | 0012| B. Except as authorized by the Controlled Substances | 0013| Act, it is unlawful for any person to intentionally create or | 0014| deliver, or possess with intent to deliver, a counterfeit | 0015| substance. Any person who violates this subsection with respect | 0016| to: | 0017| (1) a counterfeit substance enumerated in Schedule | 0018| I, II, III or IV is guilty of a fourth degree felony and shall be | 0019| sentenced pursuant to the provisions of Section 31-18-15 NMSA | 0020| 1978; and | 0021| (2) a counterfeit substance enumerated in Schedule | 0022| V is guilty of a petty misdemeanor and shall be punished by a fine | 0023| of not more than one hundred dollars ($100) or by imprisonment for | 0024| a definite term not to exceed six months, or both. | 0025| C. Any person who knowingly violates Subsection A or B | 0001| of this section while within a drug-free school zone, excluding | 0002| private property residentially zoned or used primarily as a | 0003| residence, with respect to: | 0004| (1) marijuana is: | 0005| (a) except as provided in Subparagraph (c) of | 0006| this paragraph, for the first offense, guilty of a third degree | 0007| felony and shall be sentenced pursuant to the provisions of | 0008| Section 31-18-15 NMSA 1978; | 0009| (b) for the second and subsequent offenses, | 0010| guilty of a second degree felony and shall be sentenced pursuant | 0011| to the provisions of Section 31-18-15 NMSA 1978; | 0012| (c) for the first offense, if more than one | 0013| hundred pounds is possessed with intent to distribute or | 0014| distributed or both, guilty of a second degree felony and shall be | 0015| sentenced pursuant to the provisions of Section 31-18-15 NMSA | 0016| 1978; and | 0017| (d) for the second and subsequent offenses, if | 0018| more than one hundred pounds is possessed with intent to | 0019| distribute or distributed or both, guilty of a first degree felony | 0020| and shall be sentenced pursuant to the provisions of Section 31- | 0021| 18-15 NMSA 1978; | 0022| (2) any other controlled substance enumerated in | 0023| Schedule I, II, III or IV or a controlled substance analog of a | 0024| controlled substance enumerated in Schedule I, II, III or IV | 0025| except a substance enumerated in Schedule I or II that is a | 0001| narcotic drug or a controlled substance analog of a controlled | 0002| substance ~~[emumerated]~~ enumerated in Schedule I or II that is | 0003| a narcotic drug, is: | 0004| (a) for the first offense, guilty of a second | 0005| degree felony and shall be sentenced pursuant to the provisions of | 0006| Section 31-18-15 NMSA 1978; and | 0007| (b) for the second and subsequent offenses, | 0008| guilty of a first degree felony and shall be sentenced pursuant to | 0009| the provisions of Section 31-18-15 NMSA 1978; | 0010| (3) a controlled substance enumerated in Schedule V | 0011| or a controlled substance analog of a controlled substance | 0012| enumerated in Schedule V is guilty of a fourth degree felony and | 0013| shall be sentenced pursuant to the provisions of Section 31-18-15 | 0014| NMSA 1978; and | 0015| (4) the intentional creation, delivery or | 0016| possession with the intent to deliver: | 0017| (a) a counterfeit substance enumerated in | 0018| Schedule I, II, III or IV is guilty of a third degree felony and | 0019| shall be sentenced pursuant to the provisions of Section 31-18-15 | 0020| NMSA 1978; and | 0021| (b) a counterfeit substance enumerated in | 0022| Schedule V is guilty of a misdemeanor and shall be punished by a | 0023| fine of not less than one hundred dollars ($100) nor more than | 0024| five hundred dollars ($500) or by imprisonment for a definite term | 0025| not less than one hundred eighty days but less than one year, or | 0001| both. | 0002| D. Notwithstanding the provisions of Subsection A of | 0003| this section, distribution of a small amount of marijuana for no | 0004| remuneration shall be treated as provided in Paragraph (3) of | 0005| Subsection B of Section 30-31-23 NMSA 1978." | 0006| Section 2. Section 30-31-23 NMSA 1978 (being Laws 1972, | 0007| Chapter 84, Section 23, as amended by Laws 1990, Chapter 19, | 0008| Section 5 and also by Laws 1990, Chapter 33, Section 1) is amended | 0009| to read: | 0010| "30-31-23. CONTROLLED SUBSTANCES--POSSESSION PROHIBITED.-- | 0011| A. It is unlawful for any person intentionally to | 0012| possess a controlled substance unless the substance was obtained | 0013| pursuant to a valid prescription or order of a practitioner while | 0014| acting in the course of his professional practice or except as | 0015| otherwise authorized by the Controlled Substances Act. It is | 0016| unlawful for any person intentionally to possess a controlled | 0017| substance analog. | 0018| B. Any person who violates this section with respect to: | 0019| (1) one ounce or less of marijuana is, for the | 0020| first offense, guilty of a petty misdemeanor and shall be punished | 0021| by a fine of not less than fifty dollars ($50.00) or more than one | 0022| hundred dollars ($100) and by imprisonment for not more than | 0023| fifteen days, and, for the second and subsequent offenses, guilty | 0024| of a misdemeanor and shall be punished by a fine of not less than | 0025| one hundred dollars ($100) or more than one thousand dollars | 0001| ($1,000) or by imprisonment for a definite term less than one | 0002| year, or both; | 0003| (2) more than one ounce and less than eight ounces | 0004| of marijuana is guilty of a misdemeanor and shall be punished by a | 0005| fine of not less than one hundred dollars ($100) or more than one | 0006| thousand dollars ($1,000) or by imprisonment for a definite term | 0007| less than one year, or both; or | 0008| (3) eight ounces or more of marijuana is guilty | 0009| fourth degree felony and shall be sentenced pursuant to the | 0010| provisions of Section 31-18-15 NMSA 1978. | 0011| C. Except for those substances listed in Subsection D of | 0012| this section, any person who violates this section with respect to | 0013| any amount of any controlled substance enumerated in Schedule I, | 0014| II, III or IV or a controlled substance analog of a substance | 0015| enumerated in Schedule I, II, III or IV is guilty of a misdemeanor | 0016| and shall be punished by a fine of not less than five hundred | 0017| dollars ($500) or more than one thousand dollars ($1,000) or by | 0018| imprisonment for a definite term less than one year, or both. | 0019| D. Any person who violates this section with respect to | 0020| phencyclidine as enumerated in Schedule III or a controlled | 0021| substance analog of phencyclidine; methamphetamine, its salts, | 0022| isomers or salts of isomers as enumerated in Schedule II or a | 0023| controlled substance analog of methamphetamine, its salts, isomers | 0024| or salts of isomers; or a narcotic drug enumerated in Schedule I | 0025| or II or a controlled substance analog of a narcotic drug | 0001| enumerated in Schedule I or II is guilty of a fourth degree felony | 0002| and shall be sentenced pursuant to the provisions of Section 31- | 0003| 18-15 NMSA 1978. | 0004| E. Whoever, during and in relation to a violation of | 0005| Paragraph (3) of Subsection B or Subsection D of this section, | 0006| possesses a firearm shall be sentenced, in addition to the | 0007| punishment provided in those subsections, to a mandatory term of | 0008| imprisonment of one year, and the sentence imposed pursuant to | 0009| this subsection shall be the first year served and shall not be | 0010| suspended or deferred. The court shall not run the mandatory term | 0011| imposed pursuant to this section concurrently with any other term | 0012| of imprisonment, including that imposed for the violation of | 0013| Paragraph (3) of Subsection B or Subsection D of this section." | 0014| Section 3. A new section of the Controlled Substances Act is | 0015| enacted to read: | 0016| "[NEW MATERIAL] DRUG TRAFFICKING WITH FIREARM--MANDATORY | 0017| IMPRISONMENT.-- | 0018| A. Whoever, during and in relation to a violation of | 0019| Section 30-31-20, 30-31-21, Paragraph (1), (2) or (3) of | 0020| Subsection A of Section 30-31-22 or Paragraph (1) of Subsection B | 0021| of Section 30-31-22 NMSA 1978, carries or uses a firearm shall be | 0022| sentenced, in addition to the punishment provided in those | 0023| sections, to a mandatory term of imprisonment of five years. | 0024| B. Notwithstanding any other provision of law, the court | 0025| shall not run the term of imprisonment imposed pursuant to | 0001| Subsection A of this section concurrently with any other term of | 0002| imprisonment, including imprisonment for a violation of Section | 0003| 30-31-20, 30-31-21, Paragraph (1), (2) or (3) of Subsection A of | 0004| Section 30-31-22 or Paragraph (1) of Subsection B of Section | 0005| 30-31-22 NMSA 1978. The sentence imposed pursuant to Subsection A | 0006| of this section shall be the first five years served and shall not | 0007| be suspended or deferred. | 0008| C. If the case is tried by a jury and if a prima facie | 0009| case has been established showing that a firearm was carried or | 0010| used during and in relation to a violation of Section 30-31-20, | 0011| 30-31-21, Paragraph (1), (2) or (3) of Subsection A of Section | 0012| 30-31-22 or Paragraph (1) of Subsection B of Section 30-31-22 NMSA | 0013| 1978, the court shall submit the issue to the jury by special | 0014| interrogatory. If the case is tried by the court and if a prima | 0015| facie case has been established showing that a firearm was carried | 0016| or used during and in relation to a violation of Section 30-31-20, | 0017| 30-31-21, Paragraph (1), (2) or (3) of Subsection A of Section | 0018| 30-31-22 or Paragraph (1) of Subsection B of Section 30-31-22 NMSA | 0019| 1978, the court shall decide the issue and shall make a separate | 0020| finding of fact on the issue. | 0021| D. As used in this section: | 0022| (1) "carries a firearm" means the defendant has it | 0023| immediately available for use either on his person or within his | 0024| reach; and | 0025| (2) "uses a firearm" means brandishing, displaying, | 0001| bartering, striking with, firing or attempting to fire a firearm." | 0002| Section 4. EFFECTIVE DATE.--The effective date of the | 0003| provisions of this act is July 1, 1997. | 0004| | 0005| | 0006| FORTY-THIRD LEGISLATURE | 0007| FIRST SESSION, 1997 | 0008| | 0009| | 0010| March 3, 1997 | 0011| | 0012| Mr. President: | 0013| | 0014| Your COMMITTEES' COMMITTEE, to whom has been referred | 0015| | 0016| SENATE WAYS AND MEANS COMMITTEE SUBSTITUTE FOR | 0017| SENATE BILL 1270 | 0018| | 0019| has had it under consideration and reports same WITHOUT | 0020| RECOMMENDATION, and further recommends that it now be referred to | 0021| the JUDICIARY COMMITTEE thence to the FINANCE | 0022| COMMITTEE. | 0023| | 0024| Respectfully submitted, | 0025| | 0001| | 0002| | 0003| __________________________________ | 0004| Manny M. Aragon, Chairman | 0005| | 0006| | 0007| Adopted_______________________ Not Adopted_______________________ | 0008| (Chief Clerk) (Chief Clerk) | 0009| | 0010| | 0011| Date ________________________ | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| S1270CC1 | 0019| | 0020| | 0021| | 0022| FORTY-THIRD LEGISLATURE | 0023| FIRST SESSION, 1997 | 0024| | 0025| March 14, 1997 | 0001| | 0002| Mr. President: | 0003| | 0004| Your JUDICIARY COMMITTEE, to whom has been referred | 0005| | 0006| SENATE WAYS AND MEANS COMMITTEE SUBSTITUTE FOR | 0007| SENATE BILL 1270 | 0008| | 0009| has had it under consideration and reports same WITHOUT | 0010| RECOMMENDATION, amended as follows: | 0011| | 0012| 1. On page 8, line 18, strike "firearm" and insert in lieu | 0013| thereof, "concealed deadly weapon or uses a deadly weapon". | 0014| | 0015| 2. On page 9, line 21, strike "firearm" and insert in lieu | 0016| thereof "concealed deadly weapon"., | 0017| | 0018| and thence referred to the FINANCE COMMITTEE. | 0019| | 0020| Respectfully submitted, | 0021| | 0022| | 0023| | 0024| __________________________________ | 0025| Fernando R. Macias, Chairman | 0001| | 0002| | 0003| | 0004| Adopted_______________________ Not Adopted_______________________ | 0005| (Chief Clerk) (Chief Clerk) | 0006| | 0007| | 0008| Date ________________________ | 0009| | 0010| | 0011| The roll call vote was 4 For 3 Against | 0012| Yes: 4 | 0013| No: Tsosie, McSorley, Macias | 0014| Excused: Sanchez | 0015| Absent: None | 0016| | 0017| S1270JU1 | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION, 1997 | 0025| | 0001| March 18, 1997 | 0002| | 0003| Mr. President: | 0004| | 0005| Your JUDICIARY COMMITTEE, to whom has been referred | 0006| | 0007| SENATE WAYS AND MEANS COMMITTEE SUBSTITUTE FOR | 0008| SENATE BILL 1270 | 0009| | 0010| has had it under consideration and reports same WITHOUT | 0011| RECOMMENDATION, amended as follows: | 0012| | 0013| 1. On page 8, line 18, strike "firearm" and insert in lieu | 0014| thereof, "concealed deadly weapon or uses a deadly weapon". | 0015| | 0016| 2. On page 9, line 21, strike "firearm" and insert in lieu | 0017| thereof "concealed deadly weapon"., | 0018| | 0019| and thence referred to the FINANCE COMMITTEE. | 0020| | 0021| Respectfully submitted, | 0022| | 0023| | 0024| | 0025| __________________________________ | 0001| Fernando R. Macias, Chairman | 0002| | 0003| | 0004| | 0005| Adopted_______________________ Not Adopted_______________________ | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| | 0009| Date ________________________ | 0010| | 0011| | 0012| The roll call vote was 4 For 3 Against | 0013| Yes: 4 | 0014| No: Tsosie, McSorley, Macias | 0015| Excused: Sanchez | 0016| Absent: None | 0017| | 0018| S1270JU1 | 0019| | 0020| | 0021| |