45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CRIMINAL SENTENCING; AMENDING THE HABITUAL OFFENDER STATUTES TO MAKE IMPOSITION OF THE ENHANCED SENTENCE DISCRETIONARY.

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

Section 1. Section 31-18-17 NMSA 1978 (being Laws 1977, Chapter 216, Section 6, as amended by Laws 1993, Chapter 77, Section 9 and also by Laws 1993, Chapter 283, Section 1) is amended to read:

"31-18-17. HABITUAL OFFENDERS--ALTERATION OF BASIC SENTENCE.--

A. For the purposes of this section, "prior felony conviction" means:

(1) a conviction for a prior felony committed within New Mexico whether within the Criminal Code or not; or

(2) any prior felony for which the person was convicted other than an offense triable by court martial if:

(a) the conviction was rendered by a court of another state, the United States, a territory of the United States or the commonwealth of Puerto Rico;

(b) the offense was punishable, at the time of conviction, by death or a maximum term of imprisonment of more than one year; or

(c) the offense would have been classified as a felony in this state at the time of conviction.

B. Any person convicted of a noncapital felony in this state whether within the Criminal Code or the Controlled Substances Act or not who has incurred one prior felony conviction [which] that was part of a separate transaction or occurrence or conditional discharge under Section [31-20-7] 31-20-13 NMSA 1978 is a habitual offender and his basic sentence [shall] may be increased by one year [and the sentence imposed by this subsection shall not be suspended or deferred].

C. Any person convicted of a noncapital felony in this state whether within the Criminal Code or the Controlled Substances Act or not who has incurred two prior felony convictions [which] that were parts of separate transactions or occurrences or conditional discharge under Section [31-20-7] 31-20-13 NMSA 1978 is a habitual offender and his basic sentence [shall] may be increased by four years [and the sentence imposed by this subsection shall not be suspended or deferred].

D. Any person convicted of a noncapital felony in this state whether within the Criminal Code or the Controlled Substances Act or not who has incurred three or more prior felony convictions [which] that were parts of separate transactions or occurrences or conditional discharge under Section [31-20-7] 31-20-13 NMSA 1978 is a habitual offender and his basic sentence [shall] may be increased by eight years [and the sentence imposed by this subsection shall not be suspended or deferred]."

Section 2. Section 31-18-20 NMSA 1978 (being Laws 1977, Chapter 216, Section 9, as amended) is amended to read:

"31-18-20. HABITUAL OFFENDERS--PROCEEDINGS FOR PROSECUTION.--

A. The court wherein a person has been convicted of a noncapital felony and where that person has been charged as a habitual offender under the provisions of Section 31-18-19 NMSA 1978 shall bring the defendant before it, whether he is confined in prison or not. The court shall inform him of:

(1) the allegations of the information; and

(2) his right to be tried as to the truth thereof according to law.

B. The court shall require the defendant to say whether or not he is the same person as charged in the information. If the defendant denies being the same person or refuses to answer or remains silent, his plea or the fact of his silence shall be entered in the record and the court shall then conduct a hearing to determine if the offender is the same person.

C. If the court finds that the defendant is the same person and that he was in fact convicted of the previous crime or crimes as charged, the court [shall] may sentence him to the punishment as prescribed in Section 31-18-17 NMSA 1978."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.