SENATE BILL 160

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Mary Kay Papen

AN ACT

RELATING TO SENTENCING; ENHANCING THE BASIC SENTENCE FOR VIOLENT CRIMES AGAINST THE ELDERLY OR DISABLED.

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

     Section 1. A new section of the Criminal Sentencing Act is enacted to read:

     "[NEW MATERIAL] NONCAPITAL FELONIES AGAINST DISABLED PERSONS OR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER--ALTERATION OF BASIC SENTENCE.--

          A. When a separate finding of fact by the court or jury shows that, in the commission of a noncapital felony, a person sixty-five years of age or older or a person who is disabled was intentionally injured, the basic sentence of imprisonment prescribed for the offense shall be increased as follows:

                (1) if the injury inflicted is not likely to cause death or great bodily harm but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, the basic sentence shall be increased by one year; provided that when the offender is a serious youthful offender or a youthful offender, the sentence imposed by this paragraph may be increased by one year; or

                (2) if the injury inflicted causes great bodily harm or is done with a deadly weapon or in a manner whereby great bodily harm or death could have been inflicted, the basic sentence shall be increased by two years; provided that when the offender is a serious youthful offender or a youthful offender, the sentence imposed by this paragraph may be increased by two years.

          B. If a prima facie case has been established showing that, in the commission of the offense, a person sixty-five years of age or older or a person who is disabled was intentionally injured, the court shall:

                (1) if the case is tried before a jury, submit the issue to the jury by special interrogatory; or

                (2) if the case is tried by the court, decide and make a separate finding of fact on the issue.

          C. Any alteration of the basic sentence of imprisonment pursuant to the provisions of this section shall be served concurrently with any other enhancement alteration of the basic sentence pursuant to the provisions of the Criminal Sentencing Act.

          D. As used in this section, "disabled" means that the person has a physical or mental impairment or condition that substantially limits one or more of that person's functions, such as understanding, caring for the self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning or working."

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