HOUSE BILL 64

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Miguel P. Garcia

AN ACT

RELATING TO CRIMINAL SENTENCING; REQUIRING THE INCLUSION OF BRANDISHING A FIREARM IN ANY RELATED GUILTY PLEA.

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

     SECTION 1. Section 31-18-16 NMSA 1978 (being Laws 1977, Chapter 216, Section 5, as amended) is amended to read:

     "31-18-16. BRANDISHING OF FIREARM--ALTERATION OF BASIC SENTENCE [SUSPENSION AND DEFERRAL LIMITED].--

          A. When a separate finding of fact by the court or jury shows that a firearm was brandished in the commission of a noncapital felony, the basic sentence of imprisonment prescribed for the offense in Section 31-18-15 NMSA 1978 shall be increased by three years, except that when the offender is a serious youthful offender or a youthful offender, the sentence imposed by this subsection may be increased by one year.

          B. For a second or subsequent noncapital felony in which a firearm is brandished, the basic sentence of imprisonment prescribed in Section 31-18-15 NMSA 1978 shall be increased by five years, except that when the offender is a serious youthful offender or a youthful offender, the sentence imposed by this subsection may be increased by three years.

          C. If the case is tried before a jury and if a prima facie case has been established showing that a firearm was brandished in the commission of the offense, the court shall submit the issue to the jury by special interrogatory. If the case is tried by the court and if a prima facie case has been established showing that a firearm was brandished in the commission of the offense, the court shall decide the issue and shall make a separate finding of fact thereon.

          D. When the indictment or information alleges the brandishing of a firearm in the commission of a noncapital felony, any plea of guilty thereafter entered in satisfaction of the noncapital felony shall include a plea of guilty to violation of this section.

          [D.] E. As used in this section, "brandished" means displaying or making a firearm known to another person while the firearm is present on the person of the offending party with intent to intimidate or injure a person."

- 2 -