HOUSE BILL 263

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Al Park

AN ACT

RELATING TO PUBLIC OFFICIALS; ENHANCING SENTENCES FOR FELONIES.

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] FELONIES--PUBLIC OFFICIALS--ENHANCEMENT OF SENTENCES.--

          A. As used in this section, "public official" means a person elected to an office in an election covered by the Campaign Reporting Act or a person appointed to an office that is subject to an election covered by that act.

          B. When a separate finding of fact by the court or jury shows beyond a reasonable doubt that an offender is a public official and that the felony conviction relates to, arises out of or is in connection with the offender's holding of an elected office, the basic sentence may be increased by one year. A sentence imposed pursuant to the provisions of this section may include an alternative sentence that requires community service, treatment, education or any combination thereof. The court may suspend or defer any or all of the sentence or grant a conditional discharge, unless otherwise provided by law."

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