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F I S C A L I M P A C T R E P O R T





SPONSOR: Mohorovic DATE TYPED: 02/16/00 HB 395
SHORT TITLE: Increase Firearm Enhancement Sentence SB
ANALYST: O'Connell


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY00 FY01 FY00 FY01
NFI NFI

(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates/Conflicts with/Companion to/Relates to



SOURCES OF INFORMATION



LFC files

Administrative Office of the Courts (AOC)



SUMMARY



Synopsis of Bill



House Bill 395 amends Section 31-18-16 NMSA 1978 to provide increased sentencing enhancements for the use, discharge and use which results in injury of a firearm in non-capital felony cases. Additional sentences imposed under this act shall be the first years served and shall not be suspended or deferred.



Significant Issues

Possession of a firearm in the commission of a non-capital felony results in an increase of five years to the basic sentence. Discharge of a firearm in the commission of a non-capital felony results in an increase of ten years to the basic sentence. Use of a firearm resulting in injury to another person in the commission of a non-capital felony results in an increase of 20 years to the basic sentence.



BOC/gm