44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO CRIMINAL SENTENCING; INCREASING THE FIREARM ENHANCEMENT SENTENCE; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 31-18-16 NMSA 1978 (being Laws 1977, Chapter 216, Section 5, as amended) is amended to read:

"31-18-16. USE OF FIREARM--ALTERATION OF BASIC SENTENCE--SUSPENSION AND DEFERRAL LIMITED.--

A. When a separate finding of fact by the court or jury shows that a firearm was [used] possessed in the commission of a noncapital felony under circumstances that indicate that possession of the firearm was related to the commission of the noncapital felony, the basic sentence of imprisonment prescribed for the offense in Section 31-18-15 NMSA 1978 shall be increased by [one year] five years, and the sentence imposed by this subsection shall be the first [year] years served and shall not be suspended or deferred; provided that when the offender is a serious youthful offender or a youthful offender, the sentence imposed by this subsection may be increased by [one year] five years.

[B. For a second or subsequent noncapital felony in which a firearm is used, the basic sentence of imprisonment prescribed in Section 31-18-15 NMSA 1978 shall be increased by three years, and the sentence imposed by this subsection shall be the first three years served and shall not be suspended or deferred; provided that when the offender is a serious youthful offender or a youthful offender, the sentence imposed by this subsection may be increased by three years.]

B. When a separate finding of fact by the court or jury shows that a firearm was discharged in the commission of a noncapital felony, the basic sentence of imprisonment prescribed for the offense in Section 31-18-15 NMSA 1978 shall be increased by ten years, and the sentence imposed by this subsection shall be the first years served and shall not be suspended or deferred; provided that when the offender is a serious youthful offender or a youthful offender, the sentence imposed by this subsection may be increased by ten years.

C. When a separate finding of fact by the court or jury shows that a firearm was used and resulted in injury to another person in the commission of a noncapital felony, the basic sentence of imprisonment prescribed for the offense in Section 31-18-15 NMSA 1978 shall be increased by twenty years, and the sentence imposed by this subsection shall be the first years served and shall not be suspended or deferred; provided that when the offender is a serious youthful offender or a youthful offender, the sentence imposed by this subsection may be increased by twenty years.

[C.] D. If the case is tried before a jury and if a prima facie case has been established showing that a firearm was possessed, discharged or used in the commission of the offense, the court shall submit the issue to the jury by special interrogatory. If the case is tried by the court and if a prima facie case has been established showing that a firearm was possessed, discharged or used in the commission of the offense, the court shall decide the issue and shall make a separate finding of fact thereon."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.