FIFTY-FIFTH LEGISLATURE

SECOND SESSION, 2022

 

February 16, 2022

SENATE FLOOR AMENDMENT number 2 to SENATE FLOOR AMENDMENT NUMBER 1

TO HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

                                        HOUSE BILL 68, as amended

 

AMENDMENT sponsored by SENATOR CERVANTES

 

 

1. On page 26 of Senate Floor Amendment number 1, in Subsection

B, strike "that the person making the threat intends" and insert in lieu thereof "an intent".

 

2. On page 40 of Senate Floor Amendment number 1, strike

Subsection D in its entirety and insert in lieu thereof:

 

"D. For a second or subsequent offense, when a separate

finding of fact by the court or jury shows that a firearm was used, brandished, or discharged in relation to a drug transaction or during the commission of aggravated burglary pursuant to Section 30-16-4 NMSA 1978 or a serious violent offense, the sentence 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 section may be increased by three years.".

 

3. On page 61 of Senate Floor Amendment number 1, strike

 Subsection B of Section 53 in its entirety and insert in lieu thereof:

 

          "B. The effective date of the provisions of Sections 2 through 6 and 7 through 20 of this act is July 1, 2023.".

 

 

                                                                     

                                       Senator Joseph Cervantes

 

 

 

Adopted   Not Adopted

           (Chief Clerk)                          (Chief Clerk)

 

 

                     Date

 

HB0068FS1