46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO CRIMINAL SENTENCING; PROVIDING THAT A FELONY DWI CONVICTION MAY BE USED AS A PRIOR FELONY CONVICTION FOR THE PURPOSE OF SENTENCING A HABITUAL OFFENDER.
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) is amended to read:
"31-18-17. HABITUAL OFFENDERS--ALTERATION OF BASIC SENTENCE.--
A. [Any] A 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 that was part of a separate transaction or
occurrence or conditional discharge under Section 31-20-13 NMSA
1978 is a habitual offender and his basic sentence shall be
increased by one year. The sentence imposed pursuant to this
subsection shall not be suspended or deferred, unless the court
makes a specific finding that the prior felony conviction and
the instant felony conviction are both for nonviolent felony
offenses and that justice will not be served by imposing a
mandatory sentence of imprisonment and that there are
substantial and compelling reasons, stated on the record, for
departing from the sentence imposed pursuant to this
subsection.
B. [Any] A 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 that were parts of separate transactions or
occurrences or conditional discharge under Section 31-20-13
NMSA 1978 is a habitual offender and his basic sentence shall
be increased by four years [and]. The sentence imposed by this
subsection shall not be suspended or deferred.
C. [Any] A 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 that were parts of separate
transactions or occurrences or conditional discharge under
Section 31-20-13 NMSA 1978 is a habitual offender and his basic
sentence shall be increased by eight years [and]. The sentence
imposed by this subsection shall not be suspended or deferred.
D. As used in this section, "prior felony conviction" means:
(1) a conviction, when less than ten years have passed prior to the instant felony conviction since the person completed serving his sentence or period of probation or parole for the prior felony, whichever is later, for a prior felony committed within New Mexico whether within the Criminal Code or not, including a conviction for a felony pursuant to the provisions of Section 66-8-102 NMSA 1978; or
(2) [any] a prior felony, when less than ten
years have passed prior to the instant felony conviction since
the person completed serving his sentence or period of
probation or parole for the prior felony, whichever is later,
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.
E. As used in this section, "nonviolent felony offense" means application of force, threatened use of force or a deadly weapon was not used by the offender in the commission of the offense."
Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.