HOUSE BILL 164

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Antonio "Moe" Maestas

AN ACT

RELATING TO CRIMINAL SENTENCING; INCREASING THE PENALTIES FOR SECOND DEGREE MURDER, VOLUNTARY MANSLAUGHTER AND INVOLUNTARY MANSLAUGHTER; MAKING APPROPRIATIONS.

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

     SECTION 1. Section 30-2-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 2-1, as amended) is amended to read:

     "30-2-1. MURDER.--

          A. Murder in the first degree is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused:

                (1) by any kind of willful, deliberate and premeditated killing;

                (2) in the commission of or attempt to commit any felony; or

                (3) by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life.

     Whoever commits murder in the first degree is guilty of a capital felony.

          B. Unless [he] a person is acting upon sufficient provocation, upon a sudden quarrel or in the heat of passion, a person who kills another human being without lawful justification or excuse commits murder in the second degree if in performing the acts [which] that cause the death [he] the person knows that such acts create a strong probability of death or great bodily harm to that individual or another.

     Murder in the second degree is a lesser included offense of the crime of murder in the first degree.

     Whoever commits murder in the second degree is guilty of a second degree felony [resulting in the death of a human being] for murder."

     SECTION 2. Section 30-2-3 NMSA 1978 (being Laws 1963, Chapter 303, Section 2-3, as amended) is amended to read:

     "30-2-3. MANSLAUGHTER.--Manslaughter is the unlawful killing of a human being without malice.

          A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.

     Whoever commits voluntary manslaughter is guilty of a third degree felony [resulting in the death of a human being] for voluntary manslaughter.

          B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act [which] that might produce death in an unlawful manner or without due caution and circumspection.

     Whoever commits involuntary manslaughter is guilty of a fourth degree felony for involuntary manslaughter."

     SECTION 3. Section 31-18-15 NMSA 1978 (being Laws 1977, Chapter 216, Section 4, as amended) is amended to read:

     "31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES--BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS DEDUCTIONS.--

          A. If a person is convicted of a noncapital felony, the basic sentence of imprisonment is as follows:

                (1) for a first degree felony resulting in the death of a child, life imprisonment;

                (2) for a first degree felony for aggravated criminal sexual penetration, life imprisonment;

                (3) for a first degree felony, eighteen years imprisonment;

                (4) for a second degree felony [resulting in the death of a human being, fifteen] for murder, twenty years imprisonment, nine years of which shall not be suspended, deferred or taken under advisement;

                (5) for a second degree felony for a sexual offense against a child, fifteen years imprisonment;

                (6) for a second degree felony, nine years imprisonment;

                (7) for a third degree felony for voluntary manslaughter, ten years imprisonment;

                [(7)] (8) for a third degree felony resulting in the death of a human being, six years imprisonment;

                [(8)] (9) for a third degree felony for a sexual offense against a child, six years imprisonment;

                [(9)] (10) for a third degree felony, three years imprisonment; [or]

                (11) for a fourth degree felony for involuntary manslaughter, five years imprisonment; or

                [(10)] (12) for a fourth degree felony, eighteen months imprisonment.

          B. The appropriate basic sentence of imprisonment shall be imposed upon a person convicted and sentenced pursuant to Subsection A of this section, unless the court alters the sentence pursuant to the provisions of the Criminal Sentencing Act.

          C. The court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978 after the completion of any actual time of imprisonment and authority to require, as a condition of parole, the payment of the costs of parole services and reimbursement to a law enforcement agency or local crime stopper program in accordance with the provisions of that section. The period of parole shall be deemed to be part of the sentence of the convicted person in addition to the basic sentence imposed pursuant to Subsection A of this section together with alterations, if any, pursuant to the provisions of the Criminal Sentencing Act.

          D. When a court imposes a sentence of imprisonment pursuant to the provisions of Section 31-18-15.1, 31-18-16 [31-18-16.1] or 31-18-17 NMSA 1978 and suspends or defers the basic sentence of imprisonment provided pursuant to the provisions of Subsection A of this section, the period of parole shall be served in accordance with the provisions of Section 31-21-10 NMSA 1978 for the degree of felony for the basic sentence for which the inmate was convicted. For the purpose of designating a period of parole, a court shall not consider that the basic sentence of imprisonment was suspended or deferred and that the inmate served a period of imprisonment pursuant to the provisions of the Criminal Sentencing Act.

          E. The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed:

                (1) for a first degree felony resulting in the death of a child, seventeen thousand five hundred dollars ($17,500);

                (2) for a first degree felony for aggravated criminal sexual penetration, seventeen thousand five hundred dollars ($17,500);

                (3) for a first degree felony, fifteen thousand dollars ($15,000);

                (4) for a second degree felony [resulting in the death of a human being] for murder, twelve thousand five hundred dollars ($12,500);

                (5) for a second degree felony for a sexual offense against a child, twelve thousand five hundred dollars ($12,500);

                (6) for a second degree felony, ten thousand dollars ($10,000);

                (7) for a third degree felony for voluntary manslaughter, ten thousand dollars ($10,000);

                [(7)] (8) for a third degree felony resulting in the death of a human being, five thousand dollars ($5,000);

                [(8)] (9) for a third degree felony for a sexual offense against a child, five thousand dollars ($5,000); or

                [(9)] (10) for a third degree felony, a fourth degree felony for involuntary manslaughter or a fourth degree felony, five thousand dollars ($5,000).

          F. When the court imposes a sentence of imprisonment for a felony offense, the court shall indicate whether or not the offense is a serious violent offense, as defined in Section 33-2-34 NMSA 1978. The court shall inform an offender that the offender's sentence of imprisonment is subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. If the court fails to inform an offender that the offender's sentence is subject to those provisions or if the court provides the offender with erroneous information regarding those provisions, the failure to inform or the error shall not provide a basis for a writ of habeas corpus.

          G. No later than October 31 of each year, the

New Mexico sentencing commission shall provide a written report to the secretary of corrections, all New Mexico criminal court judges, the administrative office of the district attorneys and the chief public defender. The report shall specify the average reduction in the sentence of imprisonment for serious violent offenses and nonviolent offenses, as defined in Section 33-2-34 NMSA 1978, due to meritorious deductions earned by prisoners during the previous fiscal year pursuant to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. The corrections department shall allow the commission access to documents used by the department to determine earned meritorious deductions for prisoners."

     SECTION 4. APPROPRIATIONS.--

          A. One million eight hundred thousand dollars ($1,800,000) is appropriated from the general fund to the following entities for the following amounts for expenditure in fiscal year 2013 to cover the increase in the costs of operations as a result of the increased penalties in this act:

                (1) one hundred thousand dollars ($100,000) to the first judicial district attorney;

                (2) one hundred thousand dollars ($100,000) to the second judicial district attorney;

                (3) one hundred thousand dollars ($100,000) to the third judicial district attorney;

                (4) fifty thousand dollars ($50,000) to the fourth judicial district attorney;

                 (5) fifty thousand dollars ($50,000) to the fifth judicial district attorney;

                (6) fifty thousand dollars ($50,000) to the sixth judicial district attorney;

                (7) fifty thousand dollars ($50,000) to the seventh judicial district attorney;

                (8) fifty thousand dollars ($50,000) to the eighth judicial district attorney;

                (9) fifty thousand dollars ($50,000) to the ninth judicial district attorney;

                (10) fifty thousand dollars ($50,000) to the tenth judicial district attorney;

                (11) fifty thousand dollars ($50,000) to the eleventh judicial district attorney, division one;

                (12) fifty thousand dollars ($50,000) to the eleventh judicial district attorney, division two;

                (13) fifty thousand dollars ($50,000) to the twelfth judicial district attorney;

                (14) one hundred thousand dollars ($100,000) to the thirteenth judicial district attorney; and

                (15) nine hundred thousand dollars ($900,000) to the public defender department.

          B. Any unexpended or unencumbered balance remaining at the end of fiscal year 2013 shall revert to the general fund.

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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