HOUSE BILL 932

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Rhonda S. King

AN ACT

RELATING TO CRIMINAL SENTENCING; PROVIDING ADDITIONAL VIOLENT FELONIES IN THE CRIMINAL SENTENCING ACT FOR PURPOSES OF MANDATORY LIFE IMPRISONMENT FOR TWO VIOLENT SEXUAL OFFENSE CONVICTIONS.

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

     Section 1. Section 31-18-25 NMSA 1978 (being Laws 1996, Chapter 79, Section 1, as amended) is amended to read:

     "31-18-25. TWO VIOLENT SEXUAL OFFENSE CONVICTIONS--MANDATORY LIFE IMPRISONMENT--EXCEPTION.--

          A. When a defendant is convicted of a second violent sexual offense, and each violent sexual offense conviction is part of a separate transaction or occurrence, and at least the second violent sexual offense conviction is in New Mexico, the defendant shall, in addition to the punishment imposed for the second violent sexual offense conviction, be punished by a sentence of life imprisonment. The life imprisonment sentence shall be subject to parole pursuant to the provisions of Section 31-21-10 NMSA 1978.

          B. Notwithstanding the provisions of Subsection A of this section, when a defendant is convicted of a second violent sexual offense, and each violent sexual offense conviction is part of a separate transaction or occurrence, and the victim of each violent sexual offense was less than thirteen years of age at the time of the offense, and at least the second violent sexual offense conviction is in New Mexico, the defendant shall be punished by a sentence of life imprisonment without the possibility of parole.

          C. The sentence of life imprisonment shall be imposed after a sentencing hearing, separate from the trial or guilty plea proceeding resulting in the second violent sexual offense conviction, pursuant to the provisions of Section 31-18-26 NMSA 1978.

          D. For the purposes of this section, a violent sexual offense conviction incurred by a defendant before [he] the defendant reaches the age of eighteen shall not count as a violent sexual offense conviction.

          E. When a defendant has a felony conviction from another state, the felony conviction shall be considered a violent sexual offense for the purposes of the Criminal Sentencing Act if the crime would be considered a violent sexual offense in New Mexico.

          F. As used in the Criminal Sentencing Act, "violent sexual offense" means:

                (1) criminal sexual penetration in the first or second degree, as provided in [Subsection C of] Section 30-9-11 NMSA 1978; or

                [(2) criminal sexual penetration in the second degree, as provided in Subsection D of Section 30-9-11 NMSA 1978]

                (2) criminal sexual contact of a minor in the second or third degree, as provided in Section 30-9-13 NMSA 1978."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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